L 348/54 Official Journal of the European Communities 21.12.2002 COUNCIL REGULATION (EC) No 2289/2002 of 19 December 2002 terminating a ‘new exporter’ review of Regulation (EC) No 1600/1999 imposing definitive anti- dumping duties on imports of stainless steel wire with a diameter of 1 mm or more originating in India, re-imposing the duty with regard to imports from one exporter in this country and termi- nating the registration of these imports 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. PREVIOUS PROCEDURE By Regulation (EC) 1600/1999 (), the Council imposed a definitive anti-dumping duty on imports of stainless steel wire having a diameter 1 mm or more (hereinafter referred to as ‘the product concerned’) falling within CN code ex 722300 19 originating in India. The measures took the form of duties of between 0 % and 55,6 % on individual exporters, with a residual duty of 55,6 %. B. CURRENT PROCEDURE 1. Request for a new exporter review Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of a ‘new exporter’ review of Regulation (EC) No 1600/1999, pursuant to Article 11(4) of the basic Regulation, from one Indian producer, Garg Sales Co. PVT Ltd (the appli- cant’). The applicant claimed that it was not related to any other exporters of the product concerned in India. Furthermore, it claimed that it had not exported the product concerned during the original period of investi- gation (1 April 1997 to 31 March 1998), but had exported the product concerned to the Community after that period. On the basis of the above, it requested that an individual duty rate be established for it, in case dumping were to be found. (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 1972/2002 (O] L 305, 7.11.2002, p. 1). () OJ L 189, 22.7.1999, p. 19. (4) 2. Initiation of a review The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 11(4) of the basic Regulation. After consulta- tion of the Advisory Committee and after the Commu- nity industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 1325/2002 (*), a ‘new exporter’ review of Regu- lation (EC) No 1600/1999 with regard to the applicant and commenced its investigation. At the same time, the anti-dumping duty in force was repealed for the appli- cant and its imports were made subject to registration pursuant to Article 11(4) and Article 14(5) of the basic Regulation. 3. Non cooperation by the exporting producer In order to obtain the information it deemed necessary for its investigation, the Commission sent a question- naire to the applicant. However, the Commission did not receive any reply to the questionnaire within the dead- line set for that purpose. Neither did the applicant request an extension of that deadline. The Commission informed the applicant that in these circumstances it was intended to proceed with the termination of the review investigation without examining further its request for establishing an individual duty rate. The applicant was given a period of 10 days to comment. No comments from the applicant were received on the disclosure of the Commission's intention to terminate the review investigation. Consequently, it must be concluded that Garg Sales Co. PVT Ltd has failed to cooperate in the investigation by not replying to the questionnaire sent by the Commis- sion. The review should therefore be terminated and the anti-dumping duty repealed by Article 2 of Commission Regulation (EC) No 1325/2002 should be re-imposed, with retroactive effect to 24 July 2002. In addition, the registration of imports provided in Article 3 of the same Regulation should be terminated, () OJ L 194, 23.7.2002, p. 27.