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Case C-261/23 P: Judgment of the Court (Seventh Chamber) of 30 May 2024 – Hengshi Egypt Fiberglass Fabrics SAE, Jushi Egypt for Fiberglass Industry SAE v European Commission, Tech-Fab Europe eV (Appeal – Dumping – Imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt – Implementing Regulation (EU) 2020/492 – Definitive anti-dumping duty – Calculation of the normal value – Regulation (EU) 2016/1036 – Article 2(5) – Calculation of costs associated with the production and sale of a product under investigation on the basis of records of the party under investigation – Costs not reasonably reflected in records – Adjustment on the basis of the costs of other producers or exporters in the same country or on any other reasonable basis – European Commission’s discretion)

ECLI:EU:UNKNOWN:62023CA0261

62023CA0261

January 1, 2023
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Official Journal of the European Union

C series

C/2024/4300

15.7.2024

(Case C-261/23 P)

(Appeal - Dumping - Imports of certain woven and/or stitched glass fibre fabrics originating in the People’s Republic of China and Egypt - Implementing Regulation (EU) 2020/492 - Definitive anti-dumping duty - Calculation of the normal value - Regulation (EU) 2016/1036 - Article 2(5) - Calculation of costs associated with the production and sale of a product under investigation on the basis of records of the party under investigation - Costs not reasonably reflected in records - Adjustment on the basis of the costs of other producers or exporters in the same country or on any other reasonable basis - European Commission’s discretion)

(C/2024/4300)

Language of the case: English

Parties

Applicant: Hengshi Egypt Fiberglass Fabrics SAE, Jushi Egypt for Fiberglass Industry SAE (represented by: V. Crochet and B. Servais, avocats)

Other parties to the proceedings: European Commission (represented by: L. Di Masi, G. Luengo and P. Němečková, acting as Agents), Tech-Fab Europe eV (represented by: J. Beck and L. Ruessmann, avocats)

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders Hengshi Egypt Fiberglass Fabrics SAE and Jushi Egypt for Fiberglass Industry SAE, in addition to bearing their own costs, to pay those incurred by the European Commission and by Tech-Fab Europe eV.

Language of the case: English

ELI: http://data.europa.eu/eli/C/2024/4300/oj

ISSN 1977-091X (electronic edition)

* * *

Language of the case: English

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