Official Journal of the European Union

C 225/20

(Case C-667/11) (<span class="super">1</span>)

(Commercial policy - Regulation (EC) No 1225/2009 - Articles 13 and 14 - Imports of products originating in China - Anti-dumping duties - Circumvention - Re-consignment of goods via Malaysia - Implementing Regulation (EU) No 723/2011 - Registration of imports - Recovery of anti-dumping duties - Retroactivity)

2013/C 225/33

Language of the case: Bulgarian

Referring court

Parties to the main proceedings

Applicant: Paltrade EOOD

Defendant: Nachalnik na Mitnicheski punkt — Pristanishte Varna pri Mitnitsa Varna

Re:

Request for a preliminary ruling — Administrativen sad — Varna — Interpretation of Article 1 of Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not (OJ 2011 L 194, p. 6) and Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China by imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, and making such imports subject to registration (OJ 2010 L 282, p. 29) — Retroactive levy of an anti-dumping duty — Failure to introduce into the Bulgarian customs system a system of registration other than that of the Single Administrative Document — Determination of the appropriate amount of the anti-dumping duty levied retroactively

Operative part of the judgment

Article 14(5) of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community, referred to in Article 2 of Commission Regulation (EU) No 966/2010 of 27 October 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China by imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, and making such imports subject to registration, must be interpreted as meaning that means of registration such as those at issue in the main proceedings are in accordance with that provision, and suffice, therefore, for the retroactive levy of an anti-dumping duty pursuant to Article 1 of Council Implementing Regulation (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not, following an investigation finding circumvention of the definitive anti-dumping duties imposed by Council Regulation (EC) No 91/2009 of 26 January 2009 imposing a definitive anti-dumping duty on imports of certain iron or steel fasteners originating in the People’s Republic of China.

In accordance with Article 1(2) of Regulation No 91/2009, the rate of the extended anti-dumping duty levied retroactively on goods imported prior to the entry into force of Implementing Regulation No 723/2011 is 85 % for ‘all other companies’.

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(<span class="super">1</span>) OJ C 89, 24.3.2012.