L 25342 Official Journal of the European Union 28.9.2010 COMMISSION REGULATION (EU) No 850/2010 of 27 September 2010 initiating a ‘new exporter’ review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks 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 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 consulting the Advisory Committee, Whereas: O] 0] A. REQUEST FOR A REVIEW The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by TRL China Ltd (‘the applicant’), an exporting producer in the People’s Republic of China (the country concerned’). B. PRODUCT The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, originating in the People’s Republic of China (‘the product concerned’), currently falling within CN codes ex 681591 00, ex68159910 and ex 68159990 (TARIC codes 6815910010, 6815991020 and 6815 99 90 20). C. EXISTING MEASURES The measures currently in force are a definitive anti- dumping duty imposed by Council Regulation (EC) No 1659/2005 (%) under which imports into the Union of the product concerned originating in the People’s Republic of China, including the product concerned produced by the applicant, are subject to a definitive anti-dumping duty of 39,9 % with the exception of several companies specifically mentioned which are subject to individual duty rates. D. GROUNDS FOR THE REVIEW The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the L 343, 22.12.2009, p. 51. L 267, 12.10.2005, p. 1. basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation. It further alleges that it did not export the product concerned to the Union during the period of investigation on which the anti-dumping measures were based, ie. the period from 1 April 2003 to 31 March 2004 (‘the original investigation period’) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures. The applicant further alleges that it has begun exporting the product concerned to the Union after the end of the original investigation period. E. PROCEDURE Union producers known to be concerned have been informed of the above application 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. Upon receipt of the claim mentioned below under recital 13, it will be determined whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfils the requirements to have an individual duty estab- lished in accordance with Article 9(5) of the basic Regu- lation. If so, the applicant’s individual margin of dumping shall be calculated and, should dumping be found, the level of the duty to which its imports of the product concerned into the Union should be subject shall be determined. 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 concerned from companies not individually mentioned in Article 1(2) of Regulation (EC) No 1659/2005. (@) Questionnaires In order to obtain the information it deems necessary for its investigation, the Commission will send a ques- tionnaire to the applicant.