Judgment_paragraph 71 · Changshu City Standard Parts Factory and Ningbo Jinding Fastener Co. Ltd v Council of the European Union (C-376/15 P, C-377/15 P)

71Secondly, with regard to the fact that the use of another method for calculating the normal value would not have ensured a ‘fairer comparison’, while it follows from a combined reading of Article 2(10) and (11) of the basic regulation that the calculation of the dumping margin must be made on the basis of a ‘fair comparison’, the notion of ‘fairer comparison’ appears nowhere in those provisions. Even if that notion were to be accepted as relevant, it is important to note that, as is apparent from paragraph 61 of the present judgment, the exclusion of export transactions cannot be regarded as a way to ensure a ‘fair comparison’. Therefore, it cannot be considered that the use of another method for calculating the normal value would not have ensured a ‘fairer comparison’.