2.4.2005 Official Journal of the European Union L 84/9 COMMISSION REGULATION (EC) No 523/2005 of 1 April 2005 initiating a ‘new exporter’ review of Council Regulation (EC) No 1467/2004 imposing definitive anti-dumping duties on imports of polyethylene terephthalate (PET) originating, inter alia, 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 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), After consulting the Advisory Committee, Whereas: A. REQUESTS 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 Jiangyin Chengsheng New Packaging Material Co., Ltd (the applicant). The applicant is an exporting producer in the People’s Republic of China (the country concerned). B. PRODUCT The product under review is polyethylene terephthalate (PET) having a viscosity number of 78 ml/g or higher, according to the ISO Standard 1628-5, classified under CN code 3907 60 20 and originating in the People’s Republic of China (the product concerned). C. EXISTING MEASURES The measures currently in force are definitive anti- dumping duties imposed by Council Regulation (EC) No 1467/2004(®) under which imports into the Community of the product concerned originating in the People’s Republic of China, and produced by the applicant, are subject to definitive anti-dumping duties of EUR 184 per tonne with the exception of several companies specially mentioned which are subject to indi- vidual duty rates. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12). () OJ L 271, 19.8.2004, p. 1. D. GROUNDS FOR THE REVIEW The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation, 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 April 2002 to 31 March 2003 (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 abovementioned 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 whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regu- lation or alternatively whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation and, if so, 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. (a) Questionnaires In order to obtain the information it deems necessary for its investigation, the Commission will send question- naires 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.