9.9.2011 Official Journal of the European Union L 232/29 COUNCIL IMPLEMENTING REGULATION (EU) No 907/2011 of 6 September 2011 amending Implementing Regulation (EU) No 1105/2010 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters originating in the People’s Republic of China, and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan THE COUNCIL OF THE EUROPEAN UNION, 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 9 thereof, Having regard to Council Implementing Regulation (EU) No 1105/2010 of 29 November 2010 imposing a definitive anti- dumping duty and collecting definitively the provisional duty imposed on imports of high tenacity yarn of polyesters orig- inating in the People’s Republic of China and terminating the proceeding concerning imports of high tenacity yarn of polyesters originating in the Republic of Korea and Taiwan (3), and in particular Article 4 thereof, Having regard to the proposal submitted by the European Commission (the Commission) after consulting the Advisory Committee, Whereas: A. MEASURES IN FORCE (1) By Implementing Regulation (EU) No 1105/2010, the Council imposed a definitive anti-dumping duty on imports of high tenacity yarn of polyesters (other than sewing thread), not put up for retail sale, including monofilament of less than 67 decitex, originating in the People’s Republic of China (PRC), currently falling within CN code 5402 20 00 (the product concerned). (20  Given the large number of cooperating exporting producers in the investigation that led to the imposition of the anti-dumping duty (the original investigation) in the PRC, a sample of Chinese exporting producers was selected and individual duty rates ranging from 0 % to 5,5 % were imposed on the companies included in the sample, while other cooperating companies not included 343, 22.12.2009, p. 51. 315, 1.12.2010, p. 1. = () O ¢ 0o in the sample were attributed a duty rate of 5,3 %. Two cooperating non-sampled companies were granted indi- vidual examination within the meaning of Article 17(3) of the basic Regulation, they received duties of 0 % and 9,8 %. A duty rate of 9,8 % for the PRC was imposed on all other companies. Article 4 of Implementing Regulation (EU) No 1105/2010 gives the possibility to new Chinese exporting producers which meet the criteria set out in that Article to be granted the duty rate applicable to the cooperating companies not included in the sample, i.e. 5,3 %. B. NEW EXPORTING PRODUCERS’ REQUESTS Two companies (the applicants) have requested to be granted ‘new exporting producer treatment’ (NEPT). An examination has been carried out to determine whether each of the applicants fulfils the criteria for being granted NEPT as set out in Article 4 of Imple- menting Regulation (EU) No 1105/2010, by verifying that the applicant: — is a producer of the product concerned in the PRC, — did not export the product concerned to the Union during the investigation period on which the measures are based (1 July 2008 to 30 June 2009), — is not related to any of the exporters or producers in the PRC which are subject to the measures imposed by that Regulation, — has actually exported to the Union the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union. Questionnaires were sent to the applicants who were asked to supply evidence to demonstrate that they met the criteria mentioned above.