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 Union the product described in Article 1(1) during the investigation period (1 July 2010 to 30 June 2011),

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

• it has actually exported to the Union 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 Union,

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 to the cooperating companies not included in the sample and thus subject to the weighted average duty rate of 21,2 %.