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Action brought on 9 December 2008 - Cixi Jiangnan Chemical Fiber and Others v Council

(Case T-537/08)

Language of the case: English

Parties

Applicant(s): Cixi Jiangnan Chemical Fiber Co. Ltd, Cixi Santai Chemical Fiber Co. Ltd, Cixi Sansheng Chemical Fiber Co. Ltd, Jiangyin Changlong Chemical Fibre Co. Ltd, Ningbo Dafa Chemical Fiber Co. Ltd, Xiake Color Spinning Co. Ltd, Zhejiang Waysun Chemical Fiber Co. Ltd, Zhejiang Anshun Pettechs Fibre Co. Ltd (China) (represented by: J.-F. Bellis, lawyer, G. Vallera, Barrister)

Defendant: Council of the European Union

Form of order sought

annul Council Regulation (EC) No 893/2008 of 10 September 2008, maintaining the anti-dumping duties on imports of polyester staple fibres originating in Belarus, the People's Republic of China, Saudi Arabia and Korea following a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96¹, with retroactive effect as of 29 December 2006, that is, the date on which imports of polyester staple fibres originating in Taiwan and Malaysia were subjected to provisional anti-dumping duties, which the Commission decided not to collect in its Decision No 2007/430/EC of 19 June 2007²;

order the Council to bear the costs of these proceedings.

Pleas in law and main arguments

By means of this application the applicants, China-based companies, seek annulment of Council Regulation No 893/2008 maintaining anti-dumping measures with respect to, inter alia, the imports of polyester staple fibres (PSF) manufactured by the applicants and originating in China. The applicants submit that the same treatment as was applied in Commission Decision No 2007/430/EC to the PSF originating in Taiwan and Malaysia should be applied to the PSF originating in China. Therefore, the anti-dumping duty should be repealed as of the same date, i.e. 29 December 2006, with respect to the PSF originating in China.

The pleas in law and main arguments put forward by the applicants are identical to those relied on in case T-536/08, Huvis v Council.

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¹ - OJ L 247, p. 1

² - 2007/430/EC: Commission Decision of 19 June 2007 terminating the anti-dumping proceeding concerning imports of synthetic staple fibres of polyesters (PSF) originating in Malaysia and Taiwan and releasing the amounts secured by way of the provisional duties imposed (OJ L 160, p. 30)