(1)

By Regulation (EC) No 1338/2006 (2), the Council, following an investigation (‘the original investigation’), imposed a definitive anti-dumping duty on imports of chamois leather originating in the People's Republic of China (‘PRC’). The measures in force consist of an ad valorem definitive country-wide duty rate of 58,9 %.

(2)

Subsequent to the imposition of the definitive anti-dumping measures, the Commission received a request for a new exporter review pursuant to Article 11(4) of the basic Regulation. The request was based on the claim that the exporting producer, Henan Prosper Skins and Leather Enterprise Co. Ltd. (‘the applicant’):

(3)

The Commission examined the prima facie evidence submitted by the applicant and considered it sufficient to justify the initiation of a review pursuant to Article 11(4) of the basic Regulation. After consultation of the Advisory Committee and after the Union industry concerned had been given the opportunity to comment, the Commission initiated, by Regulation (EC) No 573/2009 (3), a review of Regulation (EC) No 1338/2006 with regard to the applicant.

(4)

Pursuant to Article 2 of Regulation 573/2009, the anti-dumping duty imposed by Regulation (EC) No 1338/2006 on imports of chamois leather produced by the applicant was repealed. Simultaneously, pursuant to Article 14(5) of the basic Regulation, customs authorities were directed to take appropriate steps to register the imports of chamois leather produced by the applicant.

(5)

The product concerned by the current review is chamois leather as defined in the original investigation, i.e. chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois and combination crust chamois leather (‘chamois leather’) originating in the People's Republic of China, currently falling within CN codes 4114 10 10 and 4114 10 90.

(6)

The Commission officially advised the Union industry, the applicant and the representatives of the exporting country of the initiation of the review. Interested parties were given the opportunity to make their views known in writing and to be heard.

(7)

The investigation of dumping covered the period from 1 July 2008 to 30 June 2009 (‘review investigation period’ or ‘RIP’).

(8)

The Commission sent a questionnaire to the applicant and received a reply within the deadlines set. During the verification of the applicant's questionnaire reply at their premises, the applicant provided false and misleading information within the meaning of Article 18(1) of the basic Regulation. Furthermore, the applicant decided to cease cooperation altogether and the verification had to be terminated without being completed. On 21 September 2009, the applicant formally withdrew its application for a new exporter review.

(9)

The applicant was informed that the information supplied by it could not be considered reliable and would be rejected and was invited to provide further explanations within a given deadline in accordance with Article 18(4) of the basic Regulation. The applicant did not supply any further explanation.

(10)

In the above circumstances, despite the withdrawal of the application, it was considered appropriate to continue the investigation ex officio and base findings with regard to the applicant on facts available within the meaning of Article 18 of the basic Regulation.

(11)

In the absence of other information, the duty rate to be applied to the applicant is set at the level of the country-wide duty.

(12)

In the light of the above findings, it was concluded that imports into the Union of chamois leather and combination chamois leather, whether or not cut to shape, including crust chamois leather and combination crust chamois leather, currently falling within CN codes 4114 10 10 and 4114 10 90, originating in the People's Republic of China, produced and sold for export to the Union by Henan Prosper Skins & Leather Enterprise Co. Ltd. (TARIC additional code A957) should be subject to an anti-dumping duty at the level of the antidumping duty imposed by Regulation (EC) No 1338/2006 on all companies in the People's Republic of China and that that rate of anti-dumping duty should be re-imposed and levied retroactively on imports of the product concerned, which have been made subject to registration pursuant to Article 3 of Regulation (EC) No 573/2009.

(13)

The applicant, the Union industry and the representatives of the exporting country were informed of the essential facts and considerations leading to the above conclusions and were given an opportunity to comment. No comments of a nature as to warrant a change of the above conclusions were received.

(14)

This review does not affect the date on which the measures imposed by Regulation (EC) No 1338/2006 will expire pursuant to Article 11(2) of the basic Regulation,