5.7.2008 Official Journal of the European Union L 178/19 COMMISSION REGULATION (EC) No 642/2008 of 4 July 2008 imposing a provisional anti-dumping duty on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) 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: 1. PROCEDURE 1.1. Initiation of the proceeding (1)~ On 20 October 2007 the Commission announced by a notice 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 prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China (PRC). (2)  The proceeding was initiated as a result of a complaint lodged on 6 September 2007 by the Spanish National Federation of Associations of Processed Fruit and Vege- tables (FNACV) (the complainant) on behalf of producers representing 100 % of the total Community production of certain prepared or preserved citrus fruits (namely mandarins etc). The complaint contained evidence of dumping of the product concerned and of material injury resulting thereof, which was considered sufficient to justify the initiation of a proceeding. (3) On 9 November 2007, the Commission made imports of the same product originating in the PRC subject to (") OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). () O] C 246, 20.10.2007, p. 15. 00 (* 0 0) registration under Regulation (EC) No 1295/2007 of 5 November 2007 (}). It is recalled that safeguard measures were in force against the same product until 8th November 2007. The Commission imposed provisional —safeguard measures against imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) by Regu- lation (EC) No 1964/2003 of 7 November 2003 (¥). Defi- nitive safeguard measures followed by Regulation (EC) No 658/2004 of 7 April 2004 (the “Safeguards Regu- lation”) (°). Both the provisional and definitive safeguard measures consisted of a tariff rate quota ie. a duty was only due once the volume of duty free imports had been exhausted. 1.2. Parties concerned by the proceeding The Commission officially advised the complaining Community producers and their association, the exporting producers and their association, suppliers and importers and their associations known to be concerned, and the authorities of the PRC of the opening of the proceeding. Interested parties were 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 complainant producers, exporting producers, importers, and their respective associations 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 and, if so, to select a sample, exporting producers and unrelated importers 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 (I October 2006 to 30 September 2007). 288, 6.11.2007, p. 22. ] L J L 290, 8.11.2003, p. 3. ] L 104, 8.4.2004, p. 67.