19.9.2007 Official Journal of the European Union L 244/3 COMMISSION REGULATION (EC) No 1071/2007 of 18 September 2007 imposing a provisional anti-dumping duty on imports of coke of coal in pieces with a diameter of more than 80 mm (Coke 80+) 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 20 December 2006, pursuant to Article 5 of the basic Regulation, the Commission announced by a notice (notice of initiation) published in the Official Journal of the European Union (), the initiation of an anti-dumping proceeding concerning imports into the Community of coke of coal in pieces with a diameter of more than 80 mm (Coke 80+) originating in the People’s Republic of China (the PRC or the country concerned). The proceeding was initiated following a complaint lodged on 20 November 2006 by three Community producers (the complainants) representing a major proportion, in this case more than 30 %, of the total Community production of Coke 80+. The complaint contained prima facie evidence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The product concerned was already subject to anti- dumping measures from June 2000 until 2004. The measures were imposed provisionally by Commission Decision No 1238/2000/ECSC (}) and definitively by L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). C 313, 20.12.2006, p. 15. L 141, 15.6.2000, p. 9. Commission Decision No 2730/2000/ECSC (*) (the previous measures), but the measures were suspended in March 2004 by Commission Decision 2004/264[EC () due to a temporary change in market conditions. The suspension was extended by Council Regulation (EC) No 2117/2004 (6) until 15 December 2005, when the measures expired. 2. Parties concerned by the proceeding The Commission officially advised the complaining producers and other known Community producers, the representatives of the PRC, exporting producers in the PRC, importers/traders and users known to be concerned, as well as associations 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. One exporter in the PRC, as well as producers, users and one importer in the Community made their views known in writing. All parties who so requested within the given time limit and showed that there were particular reasons why they should be heard were granted a hearing. In view of the apparent large number of exporting producers and importers involved in the investigation, the application of sampling techniques was envisaged in the notice of initiation, in accordance with Arti- cle 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, exporting producers and importers were requested to make themselves known and to provide information as specified in the notice of initiation. Only one exporting producer came forward to cooperate. It was consequently decided that sampling was 1ot necessary. Also as far as the importers of Coke 80+ are concerned, given that only one importer indicated its willingness to cooperate, it was decided that sampling was not necessary. ( O] L 316, 15.12.2000, p. 30. Decision as amended by Council Regulation 997/2004 (O] L 183, 20.5.2004, p. 1). () O] L 81, 19.3.2004, p. 89. () O] L 367, 14.12.2004, p. 3.