2.7.2009 Official Journal of the European Union L 172/3 COMMISSION REGULATION (EC) No 573/2009 of 29 June 2009 initiating a ‘new exporter’ review of Council Regulation (EC) No 1338/2006 imposing a definitive anti-dumping duty on imports of chamois leather originating in the People’s Republic of China, repealing the duty with regard to imports from one exporting producer 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’) and in particular Article 11(4) thereof, After consulting the Advisory Committee, Whereas: () ) L 56, 6.3.1996, p. 6 0] 0] 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 Henan Prosper Skins & Leather Enterprise Co., Ltd (the appli- cant), an exporting producer in the People’s Republic of China (‘the country concerned). B. PRODUCT The product under review is chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather originating in the People’s Republic of China (the product concerned), currently classifiable within CN code(s) 4114 10 10. and 4114 10 90. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 1338/2006 (?) 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 antidumping duty of 58,9 %. 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. It further alleges that it did not export the product concerned to the Community during the period 1. L 251, 14.9.2006, p. 1. of investigation on which the anti-dumping measures were based, ie. the period from 1 April 2004 to 31 March 2005 (‘the original investigation period’) and that it is not related to any of the exporting producers of the product which are subject to the abovementioned 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. Upon receipt of the claim mentioned below in recital (13), it will be determined 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. If so, the applicant’s individual margin of dumping shall be calculated and, should dumping be found, the level of the duty to which its imports of the product concerned into the Community should be subject shall be determined. 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 all other exporting producers ie. the duty currently spec- ified, in Article 1(2) of Regulation (EC) No 1338/2006, as applying to ‘all companies’ in the People’s Republic of China. (@) Questionnaires In order to obtain the information it deems necessary for its investigation, the Commission will send a ques- tionnaire to the applicant.