1.10.2009 Official Journal of the European Union L 258/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 913/2009 of 24 September 2009 terminating the new exporter review of Regulation (EC) No 1174/2005 imposing a definitive anti- dumping duty and collecting definitively the provisional duty imposed on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China, re-imposing the duty with regard to imports from one exporter in this country and terminating the registration of these imports THE COUNCIL OF THE EUROPEAN UNION, 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) and in particular Article 11(4) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. MEASURES IN FORCE By Regulation (EC) No 1174/2005 (), the Council imposed a definitive anti-dumping duty and definitively collected the provisional duty imposed on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China. For the four companies with individual duties, the duties in force range from 7,6 % to 39,9 %. The duty applicable to all other companies is 46,7 %. Regulation (EC) No 6842008 (}) clarified the scope of the anti- dumping measures imposed by Regulation (EC) No 1174/2005. 2. CURRENT INVESTIGATION 2.1. Request for review The Commission received a request for a new exporter review of Regulation (EC) No 1174/2005, pursuant to Article 11(4) of the basic Regulation, from one exporting 56, 6.3.1996, p. 192, 19.7.2008, 0] L 1. 0J L 189, 21.7.2005, p. 1. 0J L p. 1 producer of hand pallet trucks and their essential parts originating in the People’s Republic of China. The request was lodged by Crown Equipment (Suzhou) Company Limited (Crown Suzhou or the applicant). The applicant alleged that it operated under market economy conditions and that it did not export the product concerned to the European Community during the period of investigation on which the anti-dumping measures were based i.e. from 1 April 2003 to 31 March 2004 (the original investigation period) and that it was not related to any of the exporting producers of the product concerned which are subject to the measures in force. Furthermore, it claimed that it had started to export hand pallet trucks and their essential parts to the Community after the end of the original investigation period. 2.2. Initiation of a new exporter review Having determined, after consulting the Advisory Committee, that sufficient evidence existed to justify the initiation of a new exporter review in accordance with Article 11(4) of the basic Regulation and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 52/2009 (¥, a review of Regulation (EC) No 1174/2005 with regard to the applicant (the review). Pursuant to Article 2 of Regulation (EC) No 52/2009, the anti-dumping duty of 46,7 % imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts produced by the applicant was (% O] L 17, 22.1.2009, p. 19.