29.8.2001 Official Journal of the European Communities L2313 COMMISSION DECISION No 1699/2001/ECSC of 28 August 2001 initiating a ‘new exporter’ review of Decision No 283/2000/ECSC imposing a definitive anti- dumping duty on imports of certain flat rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled, originating, inter alia, in India, 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 Coal and Steel Community, Having regard to Commission Decision No 2277/96/ECSC of 28 November 1996 on protection against dumped imports from countries not members of the European Coal and Steel Community (") (the Basic Decision), as last amended by Commission Decision No 435/2001/ECSC (%), and in particular Article 11(4) thereof, After consulting the Advisory Committee, Whereas: A. Request for a review The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the Basic Decision. The application was lodged by Jindal Vijaya- nagar Steel Ltd (‘the applicant’), an exporting producer in India (the country concerned’). B. Product The product under investigation is certain flat rolled products of iron or non-alloy steel, of a width of 600 mm or more, not clad, plated or coated, in coils, not further worked than hot-rolled (hot-rolled coils’) originating in India (the product concerned). It is currently classifiable within CN codes 7208 10 00, 7208 25 00, 7208 26 00, 7208 27 00, 7208 36 00, 7208 37 10, 7208 37 90, 7208 38 10, 7208 38 90, 7208 39 10 and 7208 39 90. These CN codes are only given for information. C. Existing measures The measures currently in force are a definitive anti- dumping duty imposed by Commission Decision No 283/2000/ECSC (}), as last amended by Decision No 1357/2001/ECSC (), under which imports into the Community of the product concerned and produced by the applicant are subject to a definitive anti-dumping duty of 9 %, with the exception of imports from several 08, 29.11.1996, p. 11. 3, 3.3.2001, p. 14. 1, 5.2.2000, p. 15. 82, 5.7.2001, p. 27. =W N W companies specifically mentioned, which are subject to individual duty rates. D. Grounds for the review The applicant alleges 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 1998 to 31 December 1998 (‘the original investigation period’). The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period, and that it is not related to any of the exporting producers of the product concerned which are subject to the abovementioned anti-dumping measures. E. Procedure Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received. Having examined the evidence available, the Commis- sion concludes that there is sufficient evidence to justify the initiation of a review pursuant to Article 11(4) of the Basic Decision with a view to determining the appli- cant's individual margin of dumping and, should the dumping be found, the level of duty to which its imports of the product concerned into the Community should be subject. (@) Questionnaires In order to obtain the information it deems neces- sary for its investigation the Commission will send a questionnaire to the applicant; (b) Collection of information and hearings All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing and show that there are partic- ular reasons why they should be heard.