26.6.2001 Official Journal of the European Communities L1713 COMMISSION REGULATION (EC) No 1240/2001 of 25 June 2001 initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing a definitive anti-dumping duty on imports of certain polyethylene terephthalate originating, inter alia, in India, repealing the duty with regard to imports from one exporting producer 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’), as last amended by Council Regulation (EC) No 2338/2000 (%), and in particular Article 11(4) thereof, After consulting the Advisory Committee, Whereas: 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 Futura Poly- mers Ltd (‘the applicant’), an exporting producer in India (‘the country concerned’). B. PRODUCT The product under investigation is polyethylene tereph- thalate (PET’) with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, as described in Article 1 of the Council Regula- tion imposing the existing measures, originating in India (‘the product concerned’). It is currently classifiable within CN codes 3907 6020 and ex 3907 60 80 (TARIC code 3907 60 80 10.) These CN codes are given for information only. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 2604/2000 (°) (the Regulation’) under which imports into the Community of the product concerned are subject to a definitive duty in the form of a specific amount per tonne of EUR 181,7/t, with the exception of imports from several companies specifically mentioned, which are subject to individual duties. The imports of the product concerned produced by the applicant are subject to a definitive individual duty of EUR 223,0/t. D. GROUNDS FOR THE REVIEW The applicant had co-operated in an anti-subsidy proceeding run in parallel with the investigation that led to the existing measures, but not in the anti-dumping 56, 6.3.1996, p. 1. oj L 0] L 257, 11.10.2000, p. 2. oj L 301, 30.11.2000, p. 21. proceeding leading to the existing measures, since it did not export the product concerned to the Community during the period of investigation on which the existing measures were based, ie. 1 October 1998 to 30 September 1999 (the original investigation period’). Therefore no individual margin could be established at that time and he was attributed the residual duty. The Regulation stated explicitly that the applicant was enti- tled to request a new exporter review, when they had exported to the Community or when they could demon- strate that they had entered into irrevocable contractual obligations to export significant quantities to the Community. The applicant alleges that, while it did not export the product concerned to the Community during the orig- inal investigation period, it has begun to do so there- after, and that it is not related to any of the exporting producers of the product concerned which are subject to the above-mentioned anti-dumping measures. E. PROCEDURE Having examined the evidence available, the Commis- sion concludes that there is sufficient evidence to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation with a view to determining the appli- cant's individual margin of dumping and, should dumping be found, the level of duty to which its imports of the product concerned into the Community should be subject. 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. (@) Questionnaires In order to obtain the information it deems neces- sary for its investigation, the Commission will send a questionnaire 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 and show that there are partic- ular reasons why they should be heard.