L 109/6 Official Journal of the European Union 30.4.2009 COMMISSION REGULATION (EC) No 356/2009 of 29 April 2009 initiating a ‘new exporter’ review of Council Regulation (EC) No 452/2007 imposing a definitive anti-dumping duty on imports of ironing boards originating, inter alia, in the People’s Republic of China, 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). Whereas: (") ) O] O] 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 Greenwood Houseware (Zuhai) Ltd (the applicant), an exporting producer in the People’s Republic of China (the country concerned). B. PRODUCT The product under review is ironing boards, whether or not free-standing, with or without a steam soaking and/or heating top and/or blowing top, including sleeve boards, and essential parts thereof, i.e. the legs, the top and the iron rest originating in the People’s Republic of China (the product concerned), currently classifiable within CN codes ex 39249090, ex4421 90 98, ex 7323 93 90, ex 7323 99 91, ex 7323 99 99, ex 8516 79 70 and ex 8516 90 00. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 452/2007 (%), 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 38,1 % with the exception of several companies expressly mentioned which are subject to individual duty rates. L 56, 6.3.1996, p. 1. L 109, 26.4.2007, p. 12. 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 of investigation on which the anti-dumping measures were based, ie., the period from 1 January 2005 to 31 December 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 above- mentioned anti-dumping measures. The applicant further alleges that it began 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 application and have been given and 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. Upon receipt of the claim mentioned below under 8(c), 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 companies not individually mentioned in Article 1(2) of Regulation (EC) No 452/2007.