15.11.2008 Official Journal of the European Union L 306/5 COMMISSION REGULATION (EC) No 1129/2008 of 14 November 2008 imposing a provisional anti-dumping duty on imports of certain pre- and post-stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 7 thereof, After consulting the Advisory Committee, Whereas: ) A. PROCEDURE 1. Initiation On 3 January 2008, the Commission received a complaint concerning imports of certain pre- and post- stressing wires and wire strands of non-alloy steel (PSC wires and strands) originating in the People’s Republic of China (PRC) lodged pursuant to Article 5 of the basic Regulation by Eurostress Information Service (ESIS) (the complainant) on behalf of producers representing a major proportion, in this case more than 57 %, of the total Community production of PSC wires and strands. The complaint contained prima facie evidence of dumping and of material injury caused by such dumping which was considered sufficient to justify the opening of a proceeding. On 16 February 2008, a proceeding was initiated by the publication of a notice of initiation in the Official Journal of the European Union (3) (the ‘notice of initiation). 2. Parties concerned by the proceeding The Commission officially advised the exporting producers in the PRC, importers, traders, users and asso- ciations known to be concerned, the authorities of the PRC, the complainant Community producers and other 56, 6.3.1996, p. 1. oJL 0] C 43, 16.2.2008, p. 9. Community producers known to be concerned of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. All interested parties who so requested and showed that there were particular reasons why they should be heard were granted a hearing. In order to allow exporting producers to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the Chinese exporting producers known to be concerned and to the authorities of the PRC. Eight exporting producers, including groups of related companies, requested MET pursuant to Article 2(7) of the basic Regulation, or IT should the investigation establish that they do not meet the conditions for MET. In view of the apparent high number of exporting producers in the PRC, importers and producers in the Community, the Commission indicated in the notice of initiation that sampling methods might be applied for the determination of dumping and injury, in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, all exporting producers in the PRC, Community importers and Community producers were asked to make themselves known to the Commission and to provide, as specified in the notice of initiation, basic information on their activities related to the product concerned during the investigation period (1 January 2007 to 31 December 2007). Given the limited number of responses to the sampling exercise, it was decided that sampling was not necessary for Chinese exporting producers nor importers within the Community. With regard to the Community producers, given the number of responses received to the sampling exercise, the Commission decided to select a sample in accordance with Article 17 of the basic Regulation. This sample of seven companies located in seven Member States was based on the largest representative volume of production and sales of the Community industry which could be reasonably investigated within the time available.