CELEX: 62005TJ0221
Dumping
Imports of polyester staple fibres from Korea
Regulation terminating an interim review
Application of a different methodology to that used in the initial investigation
Requirement of a change in circumstances
Adjustment claimed for credit costs
Credit periods
Burden of proof
Principle of sound administration
Article 2(10)(b) and (g) and Article 11(9) of Regulation (EC) No 384/96

APPLICATION, first, for the annulment of Article 2 of Council Regulation (EC) No 428/2005 of 10 March 2005 imposing a definitive
anti-dumping duty on imports of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia, amending
Regulation (EC) No 2852/2000 imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in
the Republic of Korea and terminating the anti-dumping proceeding in respect of such imports originating in Taiwan (OJ 2005
L 71, p. 1) and, second, for a declaration under Article 241 EC that the provisions of Council Regulation (EC) No 384/96 of
22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ 1996 L 56,
p. 1) are inapplicable to the extent to which they support the disputed conclusions contained in Regulation No 428/2005.
Operative part
The Court:
1.
Annuls Article 2 of Council Regulation (EC) No 428/2005 of 10 March 2005 imposing a definitive anti-dumping duty on imports
of polyester staple fibres originating in the People’s Republic of China and Saudi Arabia, amending Regulation (EC) No 2852/2000
imposing a definitive anti-dumping duty on imports of polyester staple fibres originating in the Republic of Korea and terminating
the anti-dumping proceeding in respect of such imports originating in Taiwan, to the extent to which the anti-dumping duty
imposed on exports into the European Community of goods produced and exported by Huvis Corp. exceeds that which would be applicable
if the ‘input’ method, used in the initial investigation, had been used to calculate the adjustment to the normal value for
import charges and indirect taxes;
2.
Dismisses the action as to the remainder;
3.
Orders the Council to bear its own costs and to pay 70% of the costs incurred by Huvis Corp.;
4.
Orders the Commission to bear its own costs.