European Business Law, the fourth volume in our series, shows how the European authorities simultaneously abolish all restrictions on access to and exercise of economic activities and support the growth of domestic markets, through the harmonization the internal legislation or the enactment of genuinely unified regulations.

European Business Law

Market interchangeability or segmentation makes it possible to group products together within a same category. Interchangeability plays a significant part insofar as, by covering the whole market segment, it will avoid circumvention of anti-dumping measures . Products are interchangeable where only minor adaptations are necessary to switch from one to another . Thus, anti-dumping duties may be ext …

Scope of interchangeability

Market interchangeability or segmentation makes it possible to group products together within a same category. Interchangeability plays a significant part insofar as, by covering the whole market segment, it will avoid circumvention of anti-dumping measures . Products are interchangeable where only minor adaptations are necessary to switch from one to another . Thus, anti-dumping duties may be extended to imports of a product for another application where it could be diverted without the slightest difficulty for use in that first application , for a low cost .

Interchangeability may be perfect or partial. Perfectly interchangeable products are like products . Where interchangeability is only partial, the grouping of products concerned within the same category may take place by reason of the existence of identical physical characteristics and common basic uses , the same or a similar use , or use for the same purposes in adjoining groups . 

In principle, interchangeability must be mutual . One-way interchangeability has however been retained for products having the same chemical composition where there is competition between “adjacent” types . 

The market of a product may be divided into several segments where the differences in physical characteristics are perceptible to consumers and clearly separate channels of sale exist . The market segmentation is however not a barrier to the grouping of products within a same category where the products may be classified in several segments and competition exists between the adjoining segments , or where the different segments overlap and all the models have the basic same characteristics and identical use . 

Commission Regulation No 1748/95 of 17 July 1995, imports of peroxodisulphates (China), LawLex200900002750JBJ.

Commission Regulation (EC) No 617/98 of 18 March 1998, imports of polysulphide polymers (United States of America), LawLex200900002821JBJ, concerning polysulphide polymers imported from the country concerned and those produced within the Union, of lesser quality, are like products where they may be indifferently used with some minor alterations in their production process; See also Council Regulation (EU) No 1334/1999 of 21 June 1999, imports of magnesium oxide (China), LawLex200800000803JBJ, considering that the possibility for users to use the imported product and the European product without having to alter their production process shows that the products are like products.

Council Regulation EU No 423/97 of 3 March 1997, imports of gas-fuelled, non-refillable pocket flint lighters (Thailand, the Philippines, Mexico), LawLex200900002428JBJ.

Council Regulation (EU) No 1601/2001 of 2 August 2001, imports of certain iron or steel ropes and cables (the Czech Republic, Russia, Thailand, Turkey), LawLex200900002610JBJ, considering that general purpose steel wire ropes and high performance steel wire ropes fall within the same category of products where, to a certain extent, competition exists between them since while products in the bottom end and in the top end of the range are not interchangeable, products in adjoining groups are; No 1522/2000 of 10 July 2000, imports of synthetic staple fibres of polyester (Australia, Indonesia, Thailand), LawLex200900002567JBJ, considering that the various types of staple fibers form one single product insofar as there is competition between 'adjacent' types; No 1796/1999 of 12 August 1999, on imports of steel ropes and cables (China, Hungary, India, Mexico, Poland, South Africa, Ukraine, Korea), LawLex200900002509JBJ, considering that even if differences exist between products in the top end and bottom end of a range, all products in the steel rope range must be regarded as one product where competition exists between those in the adjacent groups; No 1015/94 of 29 April 1994, imports of television camera systems (Japan), LawLex200900002384JBJ, considering that although the market of electronic cameras is divided into consumer cameras, professional cameras and television cameras, the scope of application of the proceedings relating to television cameras should be broadened to certain models of professional cameras specified in annex which meet certain technical specifications; Case T-170/94 Shanghai Bicycle v Council [1997] ECR II-1383, LawLex200900001281JBJ, considering that all bicycles, all categories merged together, form a single product where certain models may be classified in several categories and there is competition between the models in adjoining categories; Case C-171/87 Canon v Council [1992] ECR I-1237, LawLex200900000715JBJ, considering that despite market segmentation, plain paper copiers, in all segments merged together, constitute one single product where the products in adjoining segments may be classified in several segments and there is competition between them.

Commission Regulation (EC) No 550/93 of 5 March 1993, imports of bicycles (China), LawLex200900002725JBJ.

Case T-97/95 Sinochem v Council [1998] ECR II-85, LawLex200900001353JBJ: although virtually all the Union production of a product is for only one application, anti-dumping duties may be extended to imports of a product for another application where that product could be diverted without the slightest difficulty for use in that first application.

Council Regulation (EU) No 368/98 of 16 February 1998, imports of glyphosate (China), LawLex200900002463JBJ, considering that all forms of glyphosate should be considered as one product, irrespective of the glyphosate concentration, where the transformation costs from one to the other are not substantial.

Council Regulation (EU) No 1950/97 of 6 October 1997, imports of sacks and bags made of polyethylene or polypropylene originating in India, Indonesia and Thailand and collecting definitively the provisional duty imposed, LawLex200900002450JBJ.

Commission Regulation (EC) No 367/2001 of 23 February 2001, imports of polyethylene terephthalate film (India and Korea), LawLex200900002841JBJ.

Council Regulation (EU) No 1601/2001 of 2 August 2001, imports of certain iron or steel ropes and cables (the Czech Republic, Russia, Thailand, Turkey), LawLex200900002610JBJ.

Council Regulation (EU) No 2155/97 of 29 October 1997, imports of certain footwear with textile uppers (China, Indonesia), LawLex200900002456JBJ, regarding slippers and outdoor footwear which do not belong to the same category of product since there is no mutual interchangeability.

Council Regulation (EU) No 1522/2000 of 10 July 2000, imports of synthetic staple fibres of polyester (Australia, Indonesia, Thailand), LawLex200900002567JBJ, retaining one-way interchangeability of certain fibers.

European Business Law

396. Scope of interchangeability

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

396. Scope of interchangeability

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise