What Commission Regulation (EC) No 573/2009 of 29 June 2009 initiating a new exporter review of Council Regulation (EC) No 1338/2006 imposing a definitive anti-dumping duty on imports of chamois leather originating in the People’s Republic of China, repealing the duty with regard to imports from one exporting producer in this country and making these imports subject to registration requires
Commission Regulation (EC) No 573/2009, adopted on 29 June 2009, initiates a 'new exporter' review pursuant to Article 11(4) of Council Regulation (EC) No 384/96 (the basic Regulation) concerning the definitive anti-dumping duty of 58.9% imposed by Council Regulation (EC) No 1338/2006 on imports of chamois leather and combination chamois leather originating in the People's Republic of China. The review was triggered by an application from Henan Prosper Skins & Leather Enterprise Co., Ltd, an exporting producer in China, which alleges it did not export the product concerned to the Community during the original investigation period (1 April 2004 to 31 March 2005), is not related to any exporting producer subject to existing measures, and has begun exporting to the Community after the end of that period. The Regulation repeals the anti-dumping duty with respect to imports produced and sold for export to the Community by the applicant, and simultaneously directs customs authorities to register those imports pursuant to Article 14(5) of the basic Regulation, so that duties may be levied retroactively from the date of initiation if dumping is found. Interested parties must make themselves known, submit questionnaire replies, and present written views within 40 days of entry into force. Claims for market economy treatment or individual treatment must also reach the Commission within 40 days. Comments on the appropriateness of the United States of America as the analogue market-economy country must be submitted within 10 days. Non-cooperation or submission of false or misleading information may result in findings based on facts available under Article 18 of the basic Regulation.
Pillar: Legal & IP Sovereignty · Authority: Commission of the European Communities · Version: 1.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009R0573
SHA-256 integrity: 53ff03e42dafc0c0caa311e909a95788af11d4a51faab4821e4bbb39b3be9205
Primary Citations — 10 traced to source
- Recital (3): 'The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1338/2006 under which imports into the Community 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 antidumping duty of 58,9 %.'
- Recital (4): 'The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the 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 Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 April 2004 to 31 March 2005 ('the original investigation period') and that it is not related to any of the exporting producers of the product which are subject to the abovementioned anti-dumping measures.'
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