L 67/22 Official Journal of the European Union 12.3.2009 COMMISSION REGULATION (EC) No 193/2009 of 11 March 2009 imposing a provisional anti-dumping duty on imports of biodiesel originating in the United States of America 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: 1. PROCEDURE On 13 June 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 (‘AD investigation’ or ‘the investigation’) with regard to imports into the Community of biodiesel originating in the United States of America (USA’ or ‘country concerned). On the same day, the Commission announced by notice published in the Official Journal of the European Union (3), the initiation of an anti-subsidy proceeding with regard to imports into the Community of biodiesel originating in the USA and commenced a separate investigation (‘AS proceeding’). The AD investigation was initiated following a complaint lodged on 29 April 2008 by the European Biodiesel Board (the complainant) on behalf of producers rep- resenting a major proportion, in this case more than 25 % of the total Community production of biodiesel. 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 the AD investigation. 56, 6.3.1996, p. 1. o L 0] C 147, 13.6.2008, p. 5. 0] C 147, 13.6.2008, p. 10. (4) The Commission officially advised exporting producers in the USA, importers, suppliers, users and associations known to be concerned, the authorities of the USA, the complainant Community producers and other 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. 1.1. Sampling for exporting producers in the USA In view of the apparent large number of exporting producers in the USA, sampling was provided for in the notice of initiation for the determination of dumping, in accordance with Article 17(1) 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 in the USA were requested to make themselves known within 15 days from the date of the initiation of the investigation and to provide basic information on their export and domestic sales, their precise activities with regard to the production, blending and trading of biodiesel and the names and activities of all their related companies involved in the production, blending and trading of the product concerned during the investigation period 1 April 2007 to 31 March 2008 (1P’), as also defined in recital (15) below. The authorities of the USA and the National Biodiesel Board (US producers’ association) were also consulted with regard to the selection of a representative sample. 1.1.1. Pre-selection of cooperating exporting producers in the USA In total 54 exporting producers or groups of exporting producers came forward and provided the requested information within the given deadline set in the notice of initiation. Of this total, 29 companies reported exports of biodiesel to the Community during the IP and expressed a wish to participate in the sample, whereas 25 companies, two of which requested to be removed from the proceeding, reported no exports to the Community during the IP. Thus, 52 exporting producers or groups of exporting producers were considered to be cooperating in the present investigation.