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Case T-167/07: Judgment of the General Court of 13 April 2011 — Far Eastern New Century v Council (Dumping — Imports of polyethylene terephthalate originating in Taiwan — Determination of the dumping margin — Asymmetrical method of calculation — Export pricing pattern differing according to purchasers and time periods — Full degree of dumping margin cannot be reflected by symmetrical methods of calculation — Duty to state reasons)

ECLI:EU:UNKNOWN:62007TA0167

62007TA0167

April 13, 2011
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28.5.2011

Official Journal of the European Union

C 160/15

(Case T-167/07) (<span class="super">1</span>)

(Dumping - Imports of polyethylene terephthalate originating in Taiwan - Determination of the dumping margin - Asymmetrical method of calculation - Export pricing pattern differing according to purchasers and time periods - Full degree of dumping margin cannot be reflected by symmetrical methods of calculation - Duty to state reasons)

2011/C 160/17

Language of the case: English

Parties

Applicant: Far Eastern New Century Corp., formerly Far Eastern Textile Ltd (Taipei, Taiwan) (represented by: P. De Baere, lawyer)

Defendant: Council of the European Union (represented by: J.-P. Hix and B. Driessen, Agents, and by G. Berrisch, lawyer)

Intervener in support of the defendant: European Commission (represented by: initially, H. van Vliet and K. Talabér-Ritz and, subsequently, H. van Vliet and M. França, Agents)

Re:

Application for annulment of Council Regulation (EC) No 192/2007 of 22 February 2007 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating in India, Indonesia, Malaysia, the Republic of Korea, Thailand and Taiwan following an expiry review and a partial interim review pursuant to Article 11(2) and Article 11(3) of Regulation (EC) No 384/96 (OJ 2007 L 59, p. 1).

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Far Eastern New Century Corp. to bear its own costs, together with 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 170, 21.7.2007.

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