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Case T-230/23: Action brought on 2 May 2023 — Hitit Seramik v Commission
ECLI:EU:UNKNOWN:62023TN0230
62023TN0230
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26.6.2023
EN
Official Journal of the European Union
C 223/38
(Case T-230/23)
(2023/C 223/50)
Language of the case: English
Parties
Applicant: Hitit Seramik Sanayi ve Ticaret AŞ (Maslak, Türkiye) (represented by: A. Willems and B. Natens, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—declare the application admissible;
—annul Commission Implementing Regulation (EU) 2023/265 of 9 February 2023 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye (1) and
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging that by using distorted costs of production to construct normal value for certain products, Regulation 2023/265 violates Articles 2(3), 2(5), first paragraph, and 2(10), first sentence, of Regulation (EU) 2016/1036 of the European Parliament and of the Council (2) and is vitiated by a manifest error of assessment.
2.Second plea in law, alleging that by failing to adjust normal value for inflation, Regulation 2023/265 violates Article 2(10)(k) and 2(10), first sentence, of Regulation 2016/1036 and is vitiated by a manifest error of assessment.
3.Third plea in law, alleging that by calculating an excessive dumping margin and imposing an excessive anti-dumping duty, Regulation 2023/265 violates Articles 2(12) and 9(4), second paragraph, of Regulation 2016/1036.
4.Fourth plea in law, alleging that by reaching conclusions unsupported by the facts, Regulation 2023/265 violates Articles 3(2), 3(5) and 3(6), read together with Article 17(1), of Regulation 2016/1036 and is vitiated by a manifest error of assessment.
(1) Commission Implementing Regulation (EU) 2023/265 of 9 February 2023 imposing a definitive anti-dumping duty on imports of ceramic tiles originating in India and Türkiye (OJ 2023 L 41, p. 1).
(2) Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (OJ 2016 L 176, p. 21).