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Case C-222/16: Order of the Court (Ninth Chamber) of 15 November 2016 (request for a preliminary ruling from the Administrativen sad — Varna (Bulgaria)) — ‘MIP-TS’ OOD v Nachalnik na Mitnitsa Varna (Reference for a preliminary ruling — Commercial policy — Regulation (EC) No 1225/2009 — Article 13 — Circumvention — Implementing Regulation (EU) No 791/2011 — Open mesh fabrics of glass fibres originating in the People’s Republic of China — Anti-dumping duties — Implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 — Consignment from Thailand — Extension of anti-dumping duties — Temporal scope — Community Customs Code — Post-clearance recovery of import duties)
ECLI:EU:UNKNOWN:62016CB0222
62016CB0222
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27.2.2017
Official Journal of the European Union
C 63/11
(Case C-222/16) (<a id="ntc1-C_2017063EN.01001101-E0001" href="#ntr1-C_2017063EN.01001101-E0001"> (<span class="super note-tag">1</span>)</a>)
((Reference for a preliminary ruling - Commercial policy - Regulation (EC) No 1225/2009 - Article 13 - Circumvention - Implementing Regulation (EU) No 791/2011 - Open mesh fabrics of glass fibres originating in the People’s Republic of China - Anti-dumping duties - Implementing Regulations (EU) No 437/2012 and (EU) No 21/2013 - Consignment from Thailand - Extension of anti-dumping duties - Temporal scope - Community Customs Code - Post-clearance recovery of import duties))
(2017/C 063/16)
Language of the case: Bulgarian
Referring court
Parties to the main proceedings
Applicant: ‘MIP-TS’ OOD
Defendant: Nachalnik na Mitnitsa Varna
Operative part
Article 1(1) of Council Implementing Regulation (EU) No 791/2011 of 3 August 2011 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain open mesh fabrics of glass fibres originating in the People’s Republic of China must be interpreted as meaning that the definitive anti-dumping duty established by that provision is applicable to imports of open mesh fabrics of glass fibres, referred to in that provision, declared as having originated in Thailand and carried out prior to the entry into force of Regulation (EU) No 437/2012 of 23 May 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation No 791/2011, and making those exports subject to registration, such as the imports at issue in the main proceedings, where it is established that those open mesh fabrics of glass fibres in fact originate in the People’s Republic of China.
(<span class="note">1</span>) <a href="./../../../../legal-content/EN/AUTO/?uri=OJ:C:2016:243:TOC">OJ C 243, 4.7.2016</a>.