L 337/42 Official Journal of the European Union 21.12.2007 COMMISSION REGULATION (EC) No 1536/2007 of 20 December 2007 on initiating a ‘new exporter’ review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating 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 on protection against dumped imports from countries not members of the European Community (the basic Regulation) (') and in particular Article 11(4) thereof, After consulting the Advisory Committee, Whereas: G) A. REQUEST FOR A REVIEW 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 Yingkou Dalmond Refractories Co. Ltd (the applicant), an exporting producer in the People’s Republic of China (the country concerned). B. PRODUCT The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite originating in the People’s Republic of China (the product concerned), currently classifiable within CN codes ex 6815 91 00, ex 681599 10 and ex 6815 99 90 (TARIC codes 681591 00 10, 681599 1020 and 6815 99 90 20). These CN codes are given only for information. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). () 1659/2005 (%) under which imports into the Community of the product concerned originating in the People’s Republic of China, including the product concerned produced by the applicant, are subject to a definitive anti-dumping duty of 39,9 % with the exception of several companies specially mentioned which are subject to individual duty rates. D. GROUNDS FOR THE REVIEW 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 inves- tigation on which the anti-dumping measures were based, ie. the period from 1 April 2003 to 31 March 2004 (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. 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 Community producers known to be concerned have been informed of the above mentioned application and have been given an opportunity to comment. 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 determining whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regu- lation 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 their imports of the product concerned into the Community should be subject. () O] L 267, 12.10.2005, p. 1.