12.1.2005 Official Journal of the European Union L 8/9 COMMISSION REGULATION (EC) No 33/2005 of 10 January 2005 initiating a ‘new exporter’ review of Council Regulation (EC) No 2604/2000 imposing definitive anti-dumping duties on imports of certain polyethylene terephthalate (PET) originating, inter alia, in India, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 () of 22 December 1995 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: 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 South Asian Petrochem Limited (the applicant), an exporting producer in India (the country concerned). B. PRODUCT The product under review is polyethylene terephthalate with a coefficient of viscosity of 78 ml/g or higher, according to DIN (Deutsche Industrienorm) 53728, origi- nating in India (the product concerned) and normally declared within CN code 3907 60 20. This CN code is given only for information. C. EXISTING MEASURES The measures currently in force are definitive anti- dumping duties imposed by Council Regulation (EC) No 2604/2000 (%), under which imports into the Community of the product concerned originating, inter alia, in India and produced by the applicant are subject to a definitive anti-dumping duty of EUR 181,7 a tonne with the exception of imports from several companies expressly mentioned which are subject to individual duty rates. (") OJ L 56, 6.3.1996, p. 1, Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). (®» OJ L 301, 30.11.2000, p. 21, Regulation as last amended by Regu- lation (EC) No 823/2004 (O] L 127, 29.4.2004, p. 7). D. GROUNDS FOR THE REVIEW The applicant alleges that it did not export the product concerned to the Community during the period of inves- tigation on which the anti-dumping measures were based, ie. the period from 1 October 1998 to 30 September 1999 (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 above- mentioned anti-dumping measures. The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period. E. PROCEDURE Community producers known to be concerned have been informed of the above application and have been given an opportunity to comment. No comments have been received. 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 concerned into the Community should be subject. (@) Questionnaires In order to obtain the information it deems necessary for its investigation, the Commission will send a questionnaire to the applicant. (b) Collection of information and holding of hearings All interested parties are hereby invited to make their views known in writing and to provide supporting evidence. Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.