Local view for "http://purl.org/linkedpolitics/eu/plenary/2012-10-25-Speech-4-316-000"
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"en.20121025.26.4-316-000"2
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"This report aims to amend Regulation (EC) No 1225/2009. The proposal to amend this regulation stems from a judgment of the Court of Justice of the European Union in case C-249/10 P – Brosmann Footwear (HK) and others v Council of the European Union, which annulled Regulation (EC) No 1472/2006 imposing a definitive anti-dumping duty and collecting definitely the provisional duty imposed on imports of certain footwear with uppers of leather originating in the People’s Republic of China and Vietnam. In that judgment, the Court of Justice ruled that the sampling technique laid down in Article 17 of Regulation (EC) No 1225/2009 could not be applied in that case, and concluded that the cooperating producers that were not part of the sample were entitled to have their market economy treatment claim examined, regardless of whether an individual dumping margin needed to be calculated for those companies not included in the sample. In the Commission’s understanding, this decision would engender a disproportionate administrative burden for those responsible for the investigation. It therefore deemed it necessary to amend Regulation (EC) No 1225/2009, particularly as regards the three-month time limit. We are not facing the introduction (at this point) of any anti-dumping duties. Instead, it is an attempt to change the form, that is to say, the procedural part of application of Regulation (EC) No 1225/2009."@en1
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