Article 2

Where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that:

• it did not export to the Community the product described in Article 1(1) during the investigation period (1 April 2003 to 31 March 2004),

• it is not related to any of the exporters or producers in the Peoples’s Republic of China which are subject to the anti-dumping measures imposed by this Regulation,

• it has actually exported to the Community the product concerned after the investigation period on which the measures are based, or it has entered into an irrevocable contractual obligation to export a significant quantity to the Community,

the Council, acting by simple majority on a proposal submitted by the Commission after consulting the Advisory Committee, may amend Article 1(2) by adding the new exporting producer either (i) to the companies subject to the weighted average duty rate of 37,1 % applicable to companies to whom individual treatment was granted in accordance with Article 9(5) of Regulation (EC) No 384/96, or (ii) to the companies subject to the weighted average duty rate of 14,1 % applicable to companies to whom market economy treatment was granted in accordance with Article 2(7)(c) of Regulation (EC) No 384/96.