L 229)2 Official Journal of the European Union 28.8.2013 REGULATIONS COMMISSION REGULATION (EU) No 809/2013 of 27 August 2013 initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1389/2011 imposing a definitive anti-dumping duty on imports of trichloroisocyanuric acid originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 (30 November 2009) on protection against dumped imports from countries not members of the European Community (the basic Regulation) (') and in particular Article 11(4) thereof, After having consulted the Advisory Committee in accordance with Articles 11(4) and 14(5) of the basic Regulation, Whereas: (") ¢ O] 0] 1. REQUEST The European Commission (Commission) has received a request for a ‘new exporter review pursuant to Article 11(4) of the basic Regulation. The request was lodged on 3 May 2013 by Liaocheng City Zhonglian Industry Co. Ltd (the applicant), an exporting producer in the People’s Republic of China (PRC) of trichloroisocyanuric acid. 2. PRODUCT The product under review is trichloroisocyanuric acid and preparations thereof (TCCA), also referred to as ‘sym- closene’ under the international non-proprietary name (INN), currently falling within CN codes ex 2933 69 80 and ex 3808 94 20 (TARIC codes 2933 69 80 70 and 3808 94 20 20), and originating in the People’s Republic of China. 3. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Implementing Regu- lation (EU) No 1389/2011 (), under which imports into the Union of the product under review originating in the PRC, including the product produced by the applicant, are subject to a definitive anti-dumping duty of 42,6 % L 343, 22.12.2009, p. 51. L 346, 30.12.2011, p. 6. (10) with the exception of several companies specially mentioned in Article 1(2) of that Regulation which are subject to individual duty rates. 4. GROUNDS The applicant claims that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation. It further claims that it did not export the product under review to the Union during the period of investigation on which the anti-dumping measures were based, i.c. the period from 1 April 2003 to 31 March 2004 (the original investigation period). Furthermore, the applicant claims that it is not related to any of the exporting producers of the product under review which are subject to the above-mentioned anti- dumping measures. The applicant further claims that it has begun exporting the product under review to the Union after the end of the original investigation period. 5. PROCEDURE Union producers known to be concerned have been informed of the request for a review and have been given an opportunity to comment. Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter review, pursuant to Article 11(4) of the basic Regulation, with a view to determine the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which its imports of the product under review into the Union shall be subject. Upon receipt of the claim mentioned below under recital 15, it will be determined whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regu- lation.