31.7.2009 Official Journal of the European Union L 199/9 COMMISSION REGULATION (EC) No 692/2009 of 30 July 2009 initiating a ‘new exporter’ review of Council Regulation (EC) No 1001/2008 imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings, of iron or steel originating, inter alia, in Malaysia, 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 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: 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 Pantech Steel Industries SDN BHD (the applicant), an exporting producer in Malaysia (the country concerned). B. PRODUCT The product under review is tube and pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, originating in Malaysia (the product concerned), currently falling within CN codes ex 7307 93 11, ex 7307 93 19, ex 7307 99 30 and ex 7307 99 90. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 1001/2008 (?) under which imports into the Community of the product concerned originating in Malaysia, including the product concerned produced by the applicant, are subject to a definitive antidumping duty of 75 % with the exception of one company expressly mentioned which is subject to an individual duty rate. D. GROUNDS FOR THE REVIEW The applicant alleges that it did not export the product concerned to the Community during the period of inves- L 56, 6.3.1996, p. 1. L 275, 16.10.2008, p. 1. tigation on which the anti-dumping measures were based, ie. the period from 1 April 2000 to 31 March 2001 (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. The applicant further alleges that it has entered into irrevocable contractual obligations to export the product concerned to the Community in the near future. 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 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 determine 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. 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 companies not individually mentioned in Article 1 of Regulation (EC) No 1001/2008. (a) Questionnaires In order to obtain the information it deems necessary for its investigation, the Commission will send a ques- tionnaire to the applicant. (b) Collection of information and holding of 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 showing that there are particular reasons why they should be heard.