L 332/60 Official Journal of the European Union 17.12.2009 COMMISSION REGULATION (EU) No 1242/2009 of 16 December 2009 imposing a provisional anti-dumping duty on imports of certain cargo scanning systems originating in the People’s Republic of China THE EUROPEAN COMMISSION, Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union, 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: (") ¢ O] 0] 1. PROCEDURE 1.1. Initiation On 18 March 2009, the European Commission announced by a notice published in the Official Journal of the European Union (¥ (notice of initiation’), the initiation of an anti-dumping proceeding concerning imports into the Community of certain cargo scanning systems originating in the People’s Republic of China (PRC). The anti-dumping proceeding was initiated following a complaint lodged on 2 February 2009 by the Community producer Smiths Detection Group Limited (‘the complainant), representing a major proportion, in this case more than 80 % of the total Community production of certain cargo scanning systems. This complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the opening of a proceeding. 1.2. Parties concerned by the proceeding The Commission officially advised the complainant, other known producers in the Community, the sole known exporting producer in the PRC, the representatives of the exporting country concerned, and producers in the United States of America (USA’), which was envisaged as analogue country. In addition, the Commission contacted all  known Community wusers of the product concerned|like product. Interested parties 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. All interested parties who so L 56, 6.3.1996, p. 1. C 63, 18.3.2009, p. 20. requested and showed that there were particular reasons why they should be heard were granted a hearing. In order to allow the sole known exporting producer in the PRC to submit a claim for market economy treatment (MET) or individual treatment (IT), if it so wished, the Commission sent claim forms to the exporting producer known to be concerned and to the authorities of the PRC. The sole known exporting producer in the PRC did not request MET pursuant to Article 2(7) of the basic Regulation but requested IT. The Commission sent questionnaires to all parties known to be concerned and to all other parties that requested so within the deadlines set out in the notice of initiation. Questionnaire replies were received from the sole known Chinese exporting producer, from two Community producers, from one producer in the USA which was envisaged as analogue country and from nine Community users. The Commission sought and verified all the information it deemed necessary for the purpose of MET/IT and for a provisional determination of dumping, resulting injury and Community interest. Verification visits were carried out at the premises of the following companies: (@) Community producers Smiths Heimann SAS, Vitry (France) and Smiths Heimann GmbH, Wiesbaden (Germany), both related companies of Smiths Detection Group Limited = Exporting producer in the PRC Nuctech Company Limited, Beijing, People’s Republic of China In view of the need to establish a normal value for the exporting producer in the PRC which did not claim MET, a verification visit to establish normal value on the basis of data from an analogue country, the USA in this case, took place at the premises of the following company: Rapiscan Systems Inc., Torrance, CA, USA