Case T-221/05: Action brought on 10 June 2005 by Huvis Corporation against the Council of the European Union
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: Council of the European Union, South Korea, action for annulment (EU), anti-dumping duty, anti-dumping legislation, import, man-made fibre, originating product

C 193/38

EN

Official Journal of the European Union

6.8.2005

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical to those
relied on in Cases T-130/05, T-160/05, T-162/05, T-170/05,
T-183/05 and similar to those relied on in Cases T-58/05, T-
164/05, T-192/05 and T-201/05.

Action brought on 10 June 2005 by Huvis Corporation
against the Council of the European Union

(Case T-221/05)

(2005/C 193/64)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 10 June 2005 by Huvis Corporation, estab-
lished in Seoul (Republic of Korea), represented by J.-F. Bellis, F.
Di Gianni and R. Antonini, lawyers.

The applicant claims that the Court should:

— annul 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 origin-
ating in the Republic of Korea and terminating the anti-
dumping proceeding in respect of such imports originating
in Taiwan insofar as it imposes a definitive anti-dumping
duty on imports from Korea of the product concerned
to the extent
manufactured by Huvis Corporation and,
necessary,
the
basic Regulation on the basis of which the flawed determi-
nations contained in the Contested Regulation relied on;
and

to declare inapplicable the provisions of

— order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

The applicant is a Korean-based company specialising in the
production of polyester filament yarn, polyester staple fibre and
polyethylene terephthalate. By Council Regulation (EC) No

428/2005 (1), the Council
imposed a definitive anti-dumping
duty of 5,7 % on imports of polyester staple fibre manufactured
by the applicant and originating in Korea.

the methodology used by the
The applicant submits that
Council to calculate the applicant's dumping margin and,
in
particular, to calculate the duty drawback adjustment claimed
by the applicant, is contrary to Article 2.4 of the WTO Anti-
Dumping Agreement, since it did not produce a fair compar-
ison between the applicant's export price and the normal value
and it imposed an unreasonable burden of proof on the appli-
cant.

The methodology used to calculate the applicant's duty draw-
back adjustment also violated the principles of legal certainty,
legitimate expectations, sound administration and proportion-
ality, since by using this methodology the Council unlawfully
the
increased the applicant's dumping margin. Moreover,
Council violated Article 11(9) of the basic Anti-Dumping Regu-
lation as in the review proceeding at stake it applied a different
methodology for the calculation of the duty drawback adjust-
ment than that used in the original investigation. The metho-
dology also violates the principle of non-discrimination as a
more favourable methodology was applied by the Council in
other similar cases.

The applicant further submits that the rejection of the credit
costs claimed by the applicant in the framework of the review
proceeding is contrary to Article 2.4 of
the WTO Anti-
Dumping Agreement, since it did not produce a fair compar-
ison between the applicant's export price and the normal value
and the evidence sought by the Council in support of the credit
costs adjustment amounts to an unreasonable burden of proof
on the applicant.

The rejection of the credit costs claimed by the applicant also
violated the principle of
sound administration since this
determination was based on the finding that the applicant did
not provide written evidence in support of its claim, whereas
the payment terms granted by the applicant were agreed on the
basis of customary business rules in force in the Republic of
Korea.

(1) 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
L71, p. 1)