The European Commission re-opened the investigation originally concluded in July 2011 regarding antidumping duties applied to iron and steel fasteners from China to imports from Malaysia, Fastener + Fixing Magazine reports.

The case was re-opened after the European Court of Justice (case C-644/17) ruled in favor of Eurobolt BV, determining that the regulation (EU 723/2011) imposing the duties was invalid.

“The Court determined that the European Commission had failed to communicate observations submitted to the original investigation by Eurobolt to Member States at least ten days prior to the Advisory Committee meeting,” writes Fastener + Fixing executive editor Phil Matten. “This meeting considered the Commission’s recommendations for the extension of the anti-dumping duties in recognition of circumvention of fasteners originating in China via Malaysia.”

The EC said it must comply with the judgement by re-opening the anti-circumvention investigation to correct the illegality identified by the court. However, the commission argued that it is only required to resume the proceeding at the stage when the irregularity was committed, according to Fastener + Fixing. It also says the reopening is limited in scope and that it will analyze Eurobolt’s observations and submit the outcome to the Advisory Committee.

“Significantly, the Commission has instructed national customs authorities to await the publication of the outcome of the reopened investigation, which could take up to nine months, before deciding on any claims for repayment and remission of duties,” Matten writes.