4.7.96 Official Journal of the European Communities No L 165/19 COMMISSION REGULATION (EC) No 1284/96 of 3 July 1996 initiating a ‘new exporter’ review of Council Regulation (EEC) No 830/92 concerning the imposition of definitive anti-dumping duties on imports of certain polyester yarns (man-made staple fibres) originating, inter alia, in Turkey, 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: ) 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 & originating in Turkey, with the exception of several companies especially mentioned, which are subject to a lesser duty. D. Grounds for the review The applicant, Kipas AS, Turkey, has shown that it is not related to any of the exporters or producers in Turkey 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 Commu- nity. lodged on 31 October 1995 by Kipas AS, Turkey, &) }Cllomn;umt}{ fprodu(ciersf tl;lnowgl to bel‘ copcemeg an exporter in Turkey which claims it did not have been intormed of the above application an export the product concerned during the period of ave been given an opportunity to comment. investigation on which the anti-dumping measures were based with regard to the determination of () In the light of the above, the Commission dumping, ie. the period from 1 January to 31 concludes that there is sufficient evidence to justify December 1989 (hereinafte’l' referred to as ‘the the initiation of a review pursuant to Article 11 (4) original investigation period’). 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 B. Product which its imports of the product concerned into the Community should be subject. (20 The products concerned are single and multiple (folded) or cabled yarns containing 85 % or more by weight of polyester staple fibres, not put up for retail sale, falling within CN codes 5509 21 10, . . . $509 2190, 550922 10 and 5509 2290 and other E- Repeal of the duty in force and registration yarns of staple fibres mixed mainly or solely either P with artificial staple fibres or with cotton, not put up for retail sale, falling within CN codes (7)  Pursuant to Article 11 (4) of the Basic Regulation, @ 5509 51 00 and 5509 53 00. These codes are given for information only and have no binding effect on the classification of the product. C. Existing measures By Regulation (EEC) No 830/92 (3, the Council imposed, inter alia, a definitive anti-dumping duty of 10,1 % on imports of the product concerned the anti-dumping duty in force shall be repealed with regard to imports of the product concerned originating in Turkey 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 () OJ No L $6, 6. 3. 1996, p. 1. : the proceeding. () OJ No L 88, 3. 4. 1992, p. 1.