The General Court of the European Union, in case T-379/23 brought by Çolakoğlu Metalurji A.Ş., annulled the European Commission’s regulation extending anti-dumping duties on Türkiye.
The case concerned the extension of anti-dumping duties applied to hot-rolled stainless steel plates and coils originating from Indonesia to products shipped to the EU via Türkiye. The Commission had decided to impose additional duties on the grounds that these products were processed in Türkiye through “assembly operations” without conferring origin before being exported to Europe.
The General Court, however, ruled that the technical distinction between “assembly operations” and “finishing operations” had not been correctly interpreted. The Court found that the Commission had misapplied this distinction and therefore concluded that the extended anti-dumping duties imposed on products shipped from Türkiye were unlawful.
Accordingly, the Court annulled the relevant provisions of Commission Implementing Regulation (EU) 2023/825 of 17 April 2023.
As a result of the ruling, the additional anti-dumping duties applied to the products in question exported to the EU via Türkiye were declared invalid, and the potential reimbursement of previously collected duties may also be considered.
The Court also ordered the European Commission to bear the costs of the proceedings, to reimburse the costs incurred by Çolakoğlu Metalurji A.Ş., and ruled that the intervening parties Eurofer and AISBL should bear their own costs.
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