L 1888 Official Journal of the European Union 18.7.2012 REGULATIONS COMMISSION REGULATION (EU) No 653/2012 of 17 July 2012 initiating a 'new exporter' review of Council Regulation (EC) No 192/2007 imposing a definitive anti-dumping duty on imports of polyethylene terephthalate originating, inter alia, in Taiwan, 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 on protection against dumped imports from countries not members of the European Community (“the basic Regu- lation") (") 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] A. REQUEST The European Commission ("Commission") has received a request for a 'mew exporter' review pursuant to Article 11(4) of the basic Regulation. The request was lodged on 27 April 2012 by Lealea Enterprise Co., Ltd. ("the applicant”), an exporting producer in Taiwan ('the country concerned") of certain polyethylene terephthalate. B. PRODUCT The product under review is polyethylene terephthalate having a viscosity number of 78 mlfg or higher, according to ISO (International Organization for Stan- dardization) standard 1628-5, originating, inter alia, in Taiwan (“the product under review"), currently falling within CN code 3907 60 20. C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 192/2007 (%) under which imports into the Union of the product under review originating in Taiwan, including the product produced by the applicant, are subject to a definitive anti-dumping duty of 143,4% with the exception of two companies specially mentioned which are subject to individual duty rates. In February 2012, the Commission initiated an expiry review of the anti- L 343, 22.12.2009, p. 51. L 59, 27.2.2007, p. 1. (10) dumping measures applicable to imports of certain poly- ethylene terephthalate originating in India, Indonesia, Malaysia, Taiwan and Thailand (), ie. inter alia in Taiwan. Pending the completion of the expiry review investigation, the measures continue to be in force. D. GROUNDS The applicant claims that it did not export the product under review to the Union during the period of investi- gation on which the anti-dumping measures were based, ie. the period from 1 October 1998 to 30 September 1999 (“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 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. If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product under review from companies not individually mentioned in Article 1(2) of Council Regulation (EC) No 192/2007. () 0] C 55, 24.2.2012, p. 4.