4.7.96 Official Journal of the European Communities No L 165/21 COMMISSION REGULATION (EC) No 1285/96 of 3 July 1996 initiating a ‘new exporter’ review of Council Regulation (EEC) No 54/93 concerning the imposition of definitive anti-dumping duties on imports of synthetic fibres of polyester originating, inter alia, in India, repealing the duty with regard to imports from an 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 Commu- nity ('), and in particular Article 11 (4) thereof, After consulting the Advisory Committee, Whereas: o @ G A. Request for a review The Commission has received an application for a ‘new exporter’ review pursuant to Article 11 (4) of Regulation (EC) No 384/96 (hereinafter referred to as ‘the Basic Regulation’). The application was lodged on 15 January 1996 by Vital Filaments Limited, India, an exporter in India which claims it did not export the product concerned during the period of investigation on which the anti-dumping measures were based with regard to the determina- tion of dumping, i.e. the period from 1 January to 31 August 1990 (hereinafter referred to as ‘the original investigation period). B. Product The product concerned is synthetic staple fibres of polyester, not carded, combed or otherwise processed for spinning, commonly referred to as synthetic fibres of polyester and currently classifi- able within CN code 550320 00. This code is given for information only and has no binding effect on the classification of the product. C. Existing measures By Regulation (EEC) No 54/93 (%), the Council imposed, inter alia, a definitive anti-dumping duty of 7,2% on imports of the product concerned () OJ No L $6, 6. 3. 1996, p. 1. () O] No L 9, 15. 1. 1993, p. 2. v ) (6) @) originating in India, with the exception of several companies especially mentioned which are subject to a lesser duty. D. Grounds for the review The applicant, Viral Filaments Limited, India, has shown that it is not related to any of the exporters or producers in India which are subject to the aforementioned anti-dumping measures on the product concerned, and that it actually started exporting to the Community after the original investigation period. The applicant has further shown that it entered into a long-term contract to export a significant quantity of the product concerned to the Community. Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. In the light of the above, the Commission 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 determine the applicant’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. E. Repeal of the duty in force and registration of imports Pursuant to Article 11 (4) of the Basic Regulation, the anti-dumping duty in force shall be repealed with regard to imports of the product concerned originating in India which are produced and exported by the applicant. At the same time, such imports shall be made subject to registration in accordance with Article 14 (5) of that Regulation, in order to ensure that, should the review result in a determination of dumping in respect of the appli- cant, anti-dumping duties can be levied retro- actively to the date of the initiation of this review. The amount of the applicant’s possible future liabi- lity is not susceptible to estimation at this stage of the proceeding.