L 30622 Official Journal of the European Union 15.11.2008 COMMISSION REGULATION (EC) No 1130/2008 of 14 November 2008 imposing a provisional anti-dumping duty on imports of certain candles, tapers and the like 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: e 1. PROCEDURE 1.1. Initiation On 16 February 2008, 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 with regard to imports into the Community of certain candles, tapers and the like originating in the People’s Republic of China (PRC' or country concerned’). The proceeding was initiated as a result of a complaint lodged on 3 January 2008 by certain producers of certain candles, tapers and the like representing a major proportion, in this case around 60 % of the total Community production of certain candles, tapers and the like. The complaint contained prima facie evidence of dumping of the said product and of material injury therefrom, which was considered sufficient to justify the initiation of an investigation. 1.2. Parties concerned by the proceeding The Commission officially advised the complainants, the exporting producers, importers, other parties known to be concerned, and representatives of the PRC of the initiation of the proceeding. Interested parties were 56, 6.3.1996, p. 1. oL 0] C 43, 16.2.2008, p. 14. given an opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation. The complainants, other Community producers, exporting producers in the PRC, importers including large retail groups and suppliers of raw materials made their views known. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. In the notice of initiation, the Commission indicated that sampling for the determination of dumping and injury in accordance with Article 17 of the basic Regulation may be applied. In order to enable the Commission to decide whether sampling would be necessary, all known exporting producers in the PRC, Community importers and Community producers were asked to make them- selves 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 period from 1 January 2007 to 31 December 2007. As explained in recitals (33) to (40) below, forty one exporting producers in the PRC provided the requested information and agreed to be included in a sample. On the basis of the information received from the coop- erating exporting producers, the Commission selected a sample of eight producers in the PRC or groups of related companies having the largest volume of exports to the Community. All exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample. In order to allow exporting producers in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if they so wished, the Commission sent claim forms to the exporting producers in the PRC known to be concerned and the authorities of the PRC. The Commission officially disclosed the results of the MET findings to the exporting producers concerned in the PRC, the authorities of the PRC and the complainants. They were also given an opportunity to make their views known in writing and to request a hearing if there were particular reasons to be heard.