L 338/12 Official Journal of the European Union 19.12.2009 COUNCIL IMPLEMENTING REGULATION (EU) No 1252/2009 of 18 December 2009 concluding the new exporter review of Regulation (EC) No 1338/2006 imposing a definitive anti- dumping duty on imports of chamois leather originating in the People’s Republic of China, levying retroactively and imposing an anti-dumping 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 on the Functioning of the European Union, 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 from the European Commission after consulting the Advisory Committee, Whereas: (") ¢ O] 0] 1. MEASURES IN FORCE By Regulation (EC) No 1338/2006 (%), the Council, following an investigation (‘the original investigation), imposed a definitive anti-dumping duty on imports of chamois leather originating in the People’s Republic of China (PRC’). The measures in force consist of an ad valorem definitive country-wide duty rate of 58,9 %. 2. CURRENT INVESTIGATION (a) Request for a review Subsequent to the imposition of the definitive anti- dumping measures, the Commission received a request for a new exporter review pursuant to Article 11(4) of the basic Regulation. The request was based on the claim that the exporting producer, Henan Prosper Skins and Leather Enterprise Co. Ltd. (the applicant): L 56, 6.3.1996, p. 1. L 251, 14.9.20006, p. 1. (i) did not export chamois leather before or during the investigation period of the original investigation; (i) was not related to any of the exporting producers subject to the measures imposed by Regulation (EC) No 1338/2006; (i) had started to export chamois leather to the Union after the end of the investigation period of the original investigation; (iv) 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. (b) Initiation of a new exporter review (3)  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 Union industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 573/2009 (), a review of Regulation (EC) No 1338/2006 with regard to the applicant. (4)  Pursuant to Article 2 of Regulation 573/2009, the anti- dumping duty imposed by Regulation (EC) No 1338/2006 on imports of chamois leather produced 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 the imports of chamois leather produced by the applicant. (*) 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 regis- tration (O] L 172, 2.7.2009, p. 3).