15.1.2014 Official Journal of the European Union L 10/11 COMMISSION REGULATION (EU) No 32/2014 of 14 January 2014 initiating a ‘new exporter’ review of Council Implementing Regulation (EU) No 1008/2011 imposing a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China as amended by Council Implementing Regulation (EU) No 372/2013, repealing the duty with regard to imports of one exporter in this country and making such 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 of 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: 0] 0] A. REQUEST The European Commission (the Commission’) has received a request for a ‘new exporter'’ review under Article 11(4) of the basic Regulation. The request was lodged on 3 May 2013 by Ningbo Logitrans Handling Equipment Co., Ltd (‘the applicant), an exporting producer of hand pallet trucks and their essential parts in the People’s Republic of China (‘the country concerned). B. PRODUCT The product under review is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, currently falling within  CN  codes ex 8427 90 00 (TARIC codes 8427 90 00 11 and 8427 90 00 19) and ex 8431 20 00 (TARIC codes 84312000 11 and 8431 20 00 19) and originating in the People’s Republic of China. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Implementing Regu- lation (EU) No 1008/2011 (%) as amended by Council L 343, 22.12.2009, p. 51. L 268, 13.10.2011, p. 1. () ) O] O] Implementing Regulation (EU) No 372/2013 (%), under which imports into the Union of the product under review, including the product produced by the applicant, are subject to a definitive anti-dumping duty of 70,8 %. The measures are also applicable to imports of hand pallet trucks and their essential parts consigned from Thailand whether declared as originating in Thailand or not pursuant to Council Regulation (EC) No 499/2009 (4). D. 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 investigation period on which the anti-dumping measures were based, ie. 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. E. PROCEDURE 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 for market economy treatment, it will be determined whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regu- lation. L 112, 24.4.2013, p. 1. L 151, 16.6.2009, p. 1.