28.12.2005 Official Journal of the European Union L 345/11 COUNCIL REGULATION (EC) No 2167/2005 of 20 December 2005 amending Regulation (EC) No 1467/2004 imposing definitive anti-dumping duties on imports of polyethylene terephtalate (‘PET’) 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 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) thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: () A. MEASURES IN FORCE The measures currently in force on imports into the Community imports of polyethylene terephthalate (PET) originating, inter alia, in the People’s Republic of China (PRC), are definitive anti-dumping duties imposed by Council Regulation (EC) No 1467/2004 (?). Pursuant to the same Regulation, anti-dumping duties were also imposed on imports of PET originating in the Republic of Australia. B. CURRENT INVESTIGATION 1. Request for a review After the imposition of definitive anti-dumping duties on imports of PET originating in the PRC, the Commission received a request to initiate a ‘new exporter’ review of Regulation (EC) No 1467/2004, pursuant to Article 11(4) of the basic Regulation, from Jiangyin Chengsheng New Packing Material Co., Ltd (the ‘applicant). The applicant claimed that it was not related to any of the exporting producers in the PRC subject to the anti- dumping measures in force with regard to PET. Furthermore, it claimed that it had not exported PET to the Community during the original investigation period (‘the original IP, ie. the period from 1 April 2002 to 31 March 2003), but had started to export PET to the Community thereafter. 2. Initiation of a ‘new exporter’ review The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () O] L 271, 19.8.2004, p. 1. 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 523/2005 (), a review of Regulation (EC) No 1467/2004 with regard to the applicant and commernced its investigation. Pursuant to the Commission Regulation initiating the review, the anti-dumping duty of EUR 184/t imposed by Regulation (EC) No 1467/2004 on imports of PET produced by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register such imports. 3. Product concerned 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 PET originating in the PRC (‘original investigation’), ie. PET having a viscosity number of 78 mlfg or higher, according to the ISO Standard 1628-5, classified under CN Code 3907 60 20. 4. Parties concerned The Commission officially advised the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the oppor- tunity to make their views known in writing and to be heard. The Commission also sent a market economy treatment (MET) claim form and a questionnaire to the applicant and received replies within the deadlines set for that purpose. The Commission sought and verified all the information it deemed necessary for the determination of dumping, including the MET claim, and a verification visit was carried out at the premises of the applicant. 5. Investigation period The investigation of dumping covered the period from 1 October 2003 to 31 December 2004 (the investi- gation period’ or ‘IP). () O] L 84, 2.4.2005, p. 9.