L 311/8 Official Journal of the European Union 10.11.2006 COUNCIL REGULATION (EC) No 1652/2006 of 7 November 2006 terminating the new exporter review of Regulation (EC) No 428/2005 imposing definitive anti-dumping duties on imports of synthetic staple fibres of polyesters originating, inter alia, in the People’s Republic of China THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 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) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. MEASURES IN FORCE (1) The measures currently in force on imports into the Community of polyester staple fibres (PSF) originating in the People’s Republic of China (PRC) are definitive anti-dumping duties imposed by Council Regulation (EC) No 428/2005 (2). 2. CURRENT INVESTIGATION 2.1. Request for a review (2)  After the imposition of definitive anti-dumping duties on imports of PSF originating in the PRC, the Commission received a request to initiate a ‘new exporter’ review of Regulation (EC) No 428/2005, pursuant to Article 11(4) of the basic Regulation, from the Chinese company Huvis Sichuan (the applicant). (3)  The applicant claimed that it had not exported 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 to () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). () OJ L 71,17.3.2005, p. 1. Regulation as amended by Regulation (EC) No 1333/2005 (O] L 211, 13.8.2005, p. 1). 31 December 2003 (the original investigation period) and that it was not related to any of the exporting producers of PSF in the PRC subject to the anti- dumping measures in force. Furthermore, it claimed that it had started to export PSF to the Community after the end of the original investigation period. 2.2. Initiation of a ‘new exporter’ review (40  The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 342/2006 (}), a review of Regulation (EC) No 428/2005 with regard to the applicant and commenced its investigation. (5)  Pursuant to Article 2 of Regulation (EC) No 342/2006, an anti-dumping duty of 49,7 % imposed by Regulation (EC) No 428/2005 on imports of PSF produced, inter alia, by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs autho- rities were directed to take appropriate steps to register the imports of PSF produced by the applicant. 2.3. Product concerned (6)  The product concerned by the current review is the same as that in the investigation that led to the imposition of the measures in force on imports of PSF originating in, inter alia, the PRC (original investigation), ie. synthetic staple fibres of polyesters, not carded, combed or otherwise processed for spinning originating in the People’s Republic of China, currently classifiable within CN code 5503 20 00. 2.4. Parties concerned (7)  The Commission officially advised the Community industry, the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard. () O] L 55, 25.2.2006, p. 14.