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Case C-412/22, Autoridade Tributária e Aduaneira (Effects of the repeal of an anti-dumping duty): Judgment of the Court (Ninth Chamber) of 4 October 2024 (request for a preliminary ruling from the Supremo Tribunal Administrativo – Portugal) – Autoridade Tributária e Aduaneira v NT (Reference for a preliminary ruling – Dumping – Importation of certain iron or steel fasteners originating in the People’s Republic of China – Imports of certain iron or steel fasteners consigned from Malaysia – Implementing Regulation (EU) 2016/278 – Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 – Entry into effect of that repeal – Imports prior to that entry into effect – Post-clearance recovery of anti-dumping duties)
ECLI:EU:UNKNOWN:62022CA0412
62022CA0412
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Official Journal of the European Union
C series
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C/2024/7004
(Case C-412/22, (1) Autoridade Tributária e Aduaneira (Effects of the repeal of an anti-dumping duty))
(Reference for a preliminary ruling - Dumping - Importation of certain iron or steel fasteners originating in the People’s Republic of China - Imports of certain iron or steel fasteners consigned from Malaysia - Implementing Regulation (EU) 2016/278 - Repeal of the anti-dumping duties imposed by Regulation (EC) No 91/2009 - Entry into effect of that repeal - Imports prior to that entry into effect - Post-clearance recovery of anti-dumping duties)
(C/2024/7004)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Autoridade Tributária e Aduaneira
Respondent: NT
Operative part of the judgment
Article 2 of Commission Implementing Regulation (EU) 2016/278 of 26 February 2016 repealing the definitive anti-dumping duty imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China, as extended to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not,
must be interpreted as meaning that the repeal of anti-dumping duties which it effects does not preclude, in the context of a post-clearance recovery carried out after the date of entry into force of that regulation, the collection of anti-dumping duties and, where appropriate, other related duties, in respect of imports of products subject to those anti-dumping duties made after that date. The fact that that post-clearance recovery stems from a document obtained from a criminal investigation based on evidence provided by OLAF has no bearing in that regard.
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ELI: http://data.europa.eu/eli/C/2024/7004/oj
ISSN 1977-091X (electronic edition)
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