No L 262/28 Official Journal of the European Communities 1. 11. 95 COMMISSION REGULATION (EC) No 2566/95 of 31 October 1995 initiating a review of Council Regulation (EEC) No 54/93 imposing a definitive duty on imports of synthetic fibres of polyesters originating in India and the Republic of Korea THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Com- munity (), as last amended by Regulation (EC) No 1251/95 (3, and in particular point (b) of Article 11 (4) thereof, After consulting the Advisory Committee, Whereas : I. GENERAL A. Review request (1)  The Commission has received an application for a ‘new exporter’ review pursuant to Article 11 (4) of Regulation (EC) No 3283/94. The request for this review was lodged on 27 January 1995 by Bongai- gaon Refinery & Petrochemicals Ltd, India, a new exporter in India which claims it did not export the product concerned during the period of investi- gation on which the measures were based. B. Product (2)  The product concerned is synthetic staple fibres of polyester, not carded, combed or otherwise processed for spinning, commonly referred to as polyester synthetic fibres, currently classifiable within CN code 5503 20 00. This CN code is only given for information and has no binding effect on the classification of the product. C. Existing measures (3)  The measures currently in force on imports of the product concerned originating in India are a defin- itive anti-dumping duty of 7,2% imposed by Council Regulation (EEC) No 54/93 (), with the exception of several companies specifically mentioned which are subject to a lesser duty. () OJ No L 349, 31. 12. 1994, p. 1. () OJ No L 122, 2. 6. 1995, p. 1. () OJ No L 9, 15. 1. 1993, p. 2. Q) @) II. ADMISSIBILITY A. Grounds for the review The applicant, Bongaigaon Refinery & Petrochemi- cals Ltd, has submitted evidence showing that it is not related to any of the exporters or producers in India and the Republic of Korea which are subject to anti-dumping measures on polyester synthetic fibres and that it started exporting to the Com- munity following the period from 1 January to 31 August 1990, i.e. the investigation period on which the abovementioned measures were based with regard to the determination of dumping. B. Procedure Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. C. Conclusion In the light of the foregoing, the Commission concludes that there is sufficient evidence to justify the initiation of a review pursuant to Article 11 (4) of Regulation (EC) No 3283/94 with a view to determining, should dumping be found, the appli- cant’s individual margin of dumping and the level of duty to which its imports of the product concermned to the Community should be subject. III. REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS Pursuant to point (b) of Article 11 (4) of Regulation (EC) No 3283/94, the anti-dumping duty in force has to 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 have to 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 by the applicant, 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 liability cannot, however, be estimated at this stage of the procedure.