L 19718 Official Journal of the European Union 29.7.2009 COUNCIL REGULATION (EC) No 681/2009 of 27 July 2009 terminating the ‘new exporter’ review of Regulation (EC) No 192/2007 imposing a definitive anti- dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in Malaysia, 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: ( ( ( b %) ’) A. PREVIOUS PROCEDURE By Regulation (EC) No 192/2007 (3 the Council, following an expiry review investigation, imposed a definitive anti-dumping duty on imports into the Community of certain polyethylene terephthalate (PET), originating, inter alia, in Malaysia. The measures in force consist of a duty rate of 160,1 EURJtonne, with the exception of the companies expressly mentioned which are subject to individual duty rates. Pursuant to the same Regulation, anti-dumping duties were also imposed on imports of PET originating in India, Indonesia, the Republic of Korea, Thailand and Taiwan. The original measures were imposed, following an investigation (the ‘original investigation), by Regulation (EC) No 26042000 (). B. PRESENT PROCEDURE 1. Request for a review The Commission subsequently received a request to initiate a ‘new exporter’ review of Regulation (EC) No 1922007, pursuant to Article 11(4) of the basic Regu- lation, from Eastman Chemical (Malaysia) SDN.BHD (the ‘applicant’). The applicant alleged that it did not export certain PET to the Community during the period of investigation on which the anti-dumping measures were based, ie. the period from 1 October 1998 to 30 September 1999 (the ‘original investigation period’) and that it is not related to any of the exporting producers of certain PET which are subject to the above- mentioned anti-dumping measures. The applicant further 56, 6.3.1996, p. 1. oJ L OJ L 59, 27.2.2007, p. 1. oL 301, 30.11.2000, p. 21. G) alleged that it began exporting certain PET to the Community after the end of the original investigation period. 2. Initiation of a ‘new exporter’ review The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1082/2008 (), a review of Regulation (EC) No 192/2007 with regard to the applicant. Pursuant to Article 2 of Regulation (EC) No 1082/2008, the anti-dumping duty of 160,1 EUR/tonne imposed by Regulation (EC) No 192/2007 on imports of certain PET produced and sold for export to the Community by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register these imports. 3. Product concerned The product concerned by the current review is the same as that in the original investigation, ie. PET having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, falling within CN Code 3907 60 20. 4. Parties concerned The Commission officially advised the applicant, the Community industry and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard. The Commission sent a questionnaire to the applicant and received a reply within the deadline set for that purpose. The Commission sought to verify all the information it deemed necessary for the determination of dumping, and a verification visit was carried out at the premises of the applicant. () O] L 296, 5.11.2008, p. 5.