Commission Regulation (EC) No 342/2006 of  24 February 2006  initiating a  new exporter  review of Council Regulation (EC) No 428/2005 imposing a definitive anti-dumping duty on imports of synthetic staple fibres of polyesters originating,  inter alia , in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration

25.2.2006 EN Official Journal of the European Union L 55/14
COMMISSION REGULATION (EC) No 342/2006
of 24 February 2006
initiating a ‘new exporter’ review of Council Regulation (EC) No 428/2005 imposing a definitive anti-dumping duty on imports of synthetic staple fibres of polyesters originating, inter alia, in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation) (1), and in particular Article 11(4) thereof,
After consulting the Advisory Committee,
Whereas:
A.   REQUEST FOR A REVIEW
(1) The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Huvis Sichuan (‘the applicant’), an exporting producer in the People’s Republic of China (the country concerned).
B.   PRODUCT
(2) The product under review is synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in the People’s Republic of China (the product concerned), currently classifiable within CN code 5503 20 00. This CN code is given only for information.
C.   EXISTING MEASURES
(3) The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 428/2005 (2) under which imports into the Community of the product concerned originating in the People’s Republic of China, and produced by the applicant, are subject to a definitive anti-dumping duty of 49,7 % with the exception of companies specially mentioned which are subject to individual duty rates.
D.   GROUNDS FOR THE REVIEW
(4) The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation, that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 January 2003 to 31 December 2003 (the original investigation period) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures.
(5) The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period.
E.   PROCEDURE
(6) Community producers known to be concerned have been informed of the above application and have been given and opportunity to comment. No comments have been received.
(7) Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determine whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation and, if so, the applicant's individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product concerned into the Community should be subject.
(8) If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not mentioned in Article 1(2) of Regulation (EC) No 428/2005.
(a) Questionnaires
(b) Collection of information and holding of hearings
(c) Selection of the market economy country
(d) Market economy status
F.   REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS
(9) Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force shall be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports shall be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicant, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant’s possible future liabilities cannot be estimated at this stage of the proceeding.
G.   TIME LIMITS
(10) In the interest of sound administration, time limits should be stated within which:
— interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in Article 4(1) of this Regulation or provide any other information to be taken into account during the investigation,
— interested parties may make a written request to be heard by the Commission,
— interested parties to the investigation can comment on the appropriateness of the United States of America which, in the event that the applicant will not be granted market economy status, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People’s Republic of China,
— the applicant can submit a duly substantiated claim for market economy status.
H.   NON-COOPERATION
(11) In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.
(12) Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated,