22.11.2007 Official Journal of the European Union L 304/5 COUNCIL REGULATION (EC) No 1356/2007 of 19 November 2007 amending Regulation (EC) No 1425/2006 imposing a definitive anti-dumping duty on imports of certain plastic sacks and bags originating in the People’s Republic of China and Thailand, and terminating the proceeding on imports of certain plastic sacks and bags originating in Malaysia THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/1996 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (!) (the basic Regulation), Having regard to Article 2 of Regulation (EC) No 1425/2006 (), Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PREVIOUS PROCEDURE (1) By Regulation (EC) No 1425/2006 the Council imposed a definitive anti-dumping duty on imports into the Community of certain plastic sacks and bags falling within  CN  codes ex 39232100 (TARIC code 3923 21 00 20), ex 3923 29 10 (TARIC code 3923291020) and ex39232990 (TARIC code 3923 29 90 20), originating in the People’s Republic of China (PRC) and Thailand. Given the large number of cooperating parties, a sample of Chinese and Thai exporting producers was selected and individual duty rates ranging from 4,8 % to 14,3 % were imposed on the companies included in the sample, while other coop- erating companies not included in the sample were attributed a duty rate of 8,4 % for the PRC and 7,9 % for Thailand. Duty rates of 28,8% for the PRC and 14,3 % for Thailand were imposed on companies which either did not make themselves known or did not cooperate with the investigation. (2  Article 2 of Regulation (EC) No 1425/2006 stipulates that where any new exporting producer in the PRC or Thailand provides sufficient evidence to the Commission that: (i) it did not export to the Community the products described in Article 1(1) of that Regulation during the investigation period (1 April 2004 to 31 March 2005) (the first criterion); (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). (3 OJ L 270, 29.9.2006, p. 4. (i) it is not related to any of the exporters or producers in the PRC or Thailand which are subject to the anti- dumping measures imposed by that Regulation (the second criterion); and (i) it has actually exported to the Community the products concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community (the third criterion). Article 1 of that Regulation may be amended by granting the new exporting producer the duty rate applicable to the cooperating companies not included in the sample, ie. 84 % for Chinese companies and 7,9 % for Thai companies. B. NEW EXPORTING PRODUCERS’ REQUESTS Nine companies (six Chinese and three Thai) have applied to be granted the same treatment as the companies coop- erating in the original investigation not included in the sample (new exporting producer treatment). An examination has been carried out to determine whether the applicants fulfil the criteria for being granted new exporting producer treatment as set out in Article 2 of Regulation (EC) No 1425/2006, by verifying: — that they did not export to the Community the products described in Article 1(1) of that Regulation during the investigation period (1 April 2004 to 31 March 2005), — that they are not related to any of the exporters or producers in the PRC or Thailand which are subject to the anti-dumping measures imposed by that Regu- lation, and — that they have actually exported to the Community the products concerned after the investigation period on which the measures are based, or they have entered into an irrevocable contractual obligation to export a significant quantity to the Community. An application form was sent to all nine applicants who were also asked to supply evidence to demonstrate that they meet the three criteria mentioned above.