29.4.2010 Official Journal of the European Union L 107/1 II (Non-legislative acts) REGULATIONS IMPLEMENTING REGULATION OF THE COUNCIL (EU) No 363/2010 of 26 April 2010 amending Regulation (EC) No 1001/2008 imposing a definitive anti-dumping duty on imports of certain tube and pipe fittings of iron or steel originating, inter alia, in Malaysia 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 2001 (the original investigation period) and that it is not related to any of the exporting producers of the product concerned which are subject to the anti-dumping measures described in recital 1. 30 November 2009 on protection against dumped imports (4) The applicant further alleg§d that it had entered into an from countries not members of the European Community (1) irrevocable contractujal ol?llgatlon to export the product (the basic Regulation), and in particular Article 11(4) thereof, concerned to the Union in the near future. Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, 1.3. Initiation of a new exporter review (5)  The Commission examined the prima facie evidence Whereas: submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with Article 11(4) of the basic Regulation. After consultation 1. PROCEDURE of the Advisory Committee, and after the Union industry . concerned had been given the opportunity to comment, 1.1 Existing measures the Commission initiated, by Regulation (EC) No (1) In October 2008, definitive anti-dumping measures were 692/2009 (), a review  of R?gulation (EQ) reimposed by Council Regulation (EC) No 1001/2008 (%) No 1001/2008 with regard to the applicant. on imports of certain tube and pipe fittings (TPFs’ or the ‘product concerned’) originating, inter alia, in Malaysia following an expiry review pursuant to Article 11(2) of the basic Regulation. The anti-dumping duties in force (6)  Pursuant to Regulation (EC) No 692/2009, the anti- for Malaysia are 59,2 % for Anggerik Laksana Sdn Bhd dumping duty of 75 % imposed by Regulation (EC) No and 75 % for all other companies. 1001/2008 was repealed with regard to imports of the product concerned produced and sold for exports to the . Union by the applicant. Simultaneously, pursuant to 1.2. Request for a review Article 14(5) of the basic Regulation, customs authorities o ) o o were directed to take appropriate steps to register such (2)  The Commission has received an application to initiate a imports ‘new exporter’ review pursuant to Article 11(4) of the ' basic Regulation. The application was lodged by Pantech Steel Industries Sdn Bhd (the applicant), an exporting producer in Malaysia (the country concerned). (7)  Regulation (EC) No 692/2009 determined that if the ) The applicant alleged that it did not export the product concerned to the Union during the period of investi- gation on which the anti-dumping measures were based, ie. the period from 1 April 2000 to 31 March L 343, 22.12.2009, p. 51. L 275, 16.10.2008, p. 18. investigation showed that the applicant fulfilled 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 of Regulation (EC) No 1001/2008. () OJ L 199, 31.7.2009, p. 9.