Article 2

Article 1(2) may be amended by adding the new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 12,9 % where any new exporting producer in Thailand provides sufficient evidence to the Commission that:

1. (a)

   it did not export to the Union the product described in Article 1(1) during the review investigation period (1 April 2011 to 30 March 2012);

2. (b)

   it is not related to any of the exporters or producers in Thailand which are subject to the measures imposed by this Regulation; and

3. (c)

   it has actually exported to the Union the product concerned after the review investigation period or it has entered into an irrevocable contractual obligation to export a significant quantity to the Union.