Article 3

Article 1(2) may be amended by adding a new exporting producer to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 499,6 EUR/Tonne net product weight where any new exporting producer in the People’s Republic of China provides sufficient evidence to the Commission that it:

1. (a)

   did not export to the Union the product described in Article 1(1) during the original investigation period (1 October 2006 to 30 September 2007);

2. (b)

   is not related to any of the exporting producers in the People’s Republic of China which are subject to the measures imposed by this Regulation; and

3. (c)

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