Publisher Citation: [2006] All ER (D) 282 (Oct)
Court: Court of First Instance of the European Communities (Fifth Chamber)

Judges Vilaras (President), Martins Ribeiro, Dehousse, Svaby and Jurimae

Judgment Dates: 24 October 2006


European community - Commercial policy - Anti-dumping duties - Recordable compact discs originating in Taiwan - Determination of dumping margin - Choice of asymmetrical method of calculation - Pattern of export prices differing according to purchasers, regions or periods - 'Zeroing' technique - Action for annulment - Council Regulation (EC) 384/96, art 2(11) - Council Regulation (EC) 1050/2002.

The Case

In the instant case, where the applicants applied for the annulment of Council Regulation (EC) 1050-2002 (imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of CD-Rs originating in Taiwan), it could not be said that the Council had erred in its assessment of dumping duty to be applied to the applicants and the regulation would not be annulled.

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