31. 1. 97 Oftficial Journal of the European Communities No L 29/3 COMMISSION REGULATION (EC) No 165/97 of 28 January 1997 imposing a provisional anti-dumping duty on imports of certain footwear with textile uppers originating in the People’s Republic of China and Indonesia 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 Com- munity ('), as amended by Regulation (EC) No 2331/96 (%), and in particular Articles 7 and 23 thereof, After consulting the Advisory Committee, Whereas: ) 3 (l ) A. PROCEDURE On 22 February 1995, the Commission announced by means of a notice published in the Official Journal of the European Communities (%), the initi- ation of an anti-dumping proceeding with regard to imports into the Community of certain footwear with textile uppers originating in the People’s Republic of China and Indonesia and commenced an investigation. The proceeding was initiated as a result of a complaint lodged by the European Confederation of the Footwear Industry (CEC) on behalf of national footwear federations whose members account for a major proportion of the Community production of the footwear subject to this investiga- tion. The complaint contained evidence of dumping of the said product and of material injury resulting therefrom which was considered sufficient to justify the initiation of a proceeding. In view of the large number of producers in this industry in the Community, it was considered appropriate in this case to examine in detail the degree of support for, or opposition to, the complaint, in accordance with Article 5 (4) of Council Regulation (EC) No 384/96 (hereinafter referred to as ‘the Basic Regulation’) before initi- ating any investigation. That examination showed clear support for the complaint with the companies concerned accounting for some 54 % of total esti- L 56, 6. 3. 1996, p. 1. O] No OJ No L 317, 6. 12. 1996, p. 1. O] No C 45, 22. 2. 1995, p. 2. ®) ) mated Community production of the footwear in question. The Commission officially notified the exporters and importers known to be concerned and their representative associations, as well as the repres- entatives of the exporting countries involved, of the initiation of the proceeding. All parties directly concerned were given the opportunity to make their views known in writing and to request a hearing within the time-limit set out in the notice of initiation. The authorities of the exporting countries concerned as well as a number of exporters, Community importers, their representative associa- tions and trade associations made their views known in writing. All parties who so requested within the time-limit were granted a hearing. In view of the large number of Community produ- cers which were party to the complaint, and in conformity with Article 17 of the Basic Regulation, it was considered appropriate to limit the investiga- tion to a number of those producers which could reasonably be investigated within the time available. In that context, the questionnaires serving to collect data and thus permit an evaluation of any injury to the Community industry, were addressed only to the national producers’ federations in the Community and to 28 of the 68 companies expressly supporting the complaint. For verification purposes, given the difficulty in carrying out detailed on-the-spot investigations in respect of the abovementioned 28 companies (hereinafter referred to as ‘the first group’), nine of those companies (hereinafter referred to as ‘the verification sample’) were selected and their responses subjected to in-depth, on-the-spot verifications. The Commission also sent questionnaires to the following: — the Indonesian and Chinese producers/ exporters listed in the complaint, — the Hong Kong listed in the complaint, exporters — the competent authorities of the exporting countries concerned, — exporters who, while not listed in the complaint, made themselves known and requested a questionnaire within the deadline set in the Notice of initiation.