Official Journal of the European Union

C 32/21

(Case T-423/09) (<span class="super">1</span>)

(Dumping - Imports of certain magnesia bricks originating in the People’s Republic of China - Regulation terminating an interim review - Comparison between the normal value and the export price - Taking into account the value added tax of the country of origin - Application of a different methodology to that used in the initial investigation - Change in circumstances - Articles 2(10)(b) and 11(9) of Regulation (EC) No 384/96 (now Articles 2(10)(b) and 11(9) of Regulation (EC) No 1225/2009)

2012/C 32/41

Language of the case: French

Parties

Applicant: Dashiqiao Sanqiang Refractory Materials Co. Ltd (Dashiqiao, China) (represented by: J.-F. Bellis and R. Luff, lawyers)

Defendant: Council of the European Union (represented by: initially J.-P. Hix and subsequently by J.-P. Hix and B. Driessen, Agents, assisted initially by G. Berrisch and G. Wolf, and subsequently by G. Berrisch, lawyers)

Intervener in support of the defendant: European Commission (represented by: É. Gippini Fournier and H. van Vliet, Agents)

Re:

Application for annulment of Council Regulation (EC) No 826/2009 of 7 September 2009 amending Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China (OJ 2009 L 240, p. 7), in so far as the anti-dumping duty it sets in relation to the applicant exceeds that which would be applicable if that duty had been determined on the basis of the method of calculation applied in the original investigation in order to take account of the fact that Chinese export VAT was not refunded.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Dashiqiao Sanqiang Refractory Materials Co. Ltd to bear its own costs and to pay those incurred by the Council of the European Union;

3.Orders the European Commission to bear its own costs.

(<span class="super">1</span>) OJ C 312, 19.12.2009.