30.7.2005 Official Journal of the European Union L 200/73 COMMISSION REGULATION (EC) No 1259/2005 of 27 July 2005 imposing a provisional anti-dumping duty on imports of tartaric acid 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 On 24 September 2004, the Commission received a complaint lodged pursuant to Article 5 of Council Regulation (EC) No 384/96 on protection of dumped imports from countries non-members of the European Communities (‘the basic Regulation’) by the following producers (‘the complainant): Legré-Mante SA, Industria Chimica Valenzana S.p.A, Distilleries Mazzari S.p.a., Alcoholera Vinicola Europea S.A. and Comercial Quimica Sarasa s.l., representing a major proportion, in this case more than 50 %, of the total Community production of tartaric acid. This complaint contained evidence of dumping of tartaric acid from the People’s Republic of China (PRC) and of material injury resulting there from, which was considered sufficient to justify the opening of a proceeding. On 30 October 2004, the proceeding was opened by the publication of a notice of initiation (%) in the Official Journal of the European Union. 1.2. Parties concerned by the proceeding The Commission officially advised the complainants, other Community producers, the exporting producers, importers, suppliers and users as well as user associations known to be concerned, and representatives 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, other co-operating Community producers, exporting producers, importers, suppliers, users and user 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 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 Chinese exporting producers known to be concerned. Claims for MET, or for IT in case the inves- tigation establishes that they do not meet the conditions for MET, were received from three exporting producers. Questionnaires were sent to all parties known to be concerned and to all other companies that made themselves known within the deadlines set out in the notice of initiation. Replies were received from three exporting producers in the PRC, one producer in the analogue country, Argentina, seven Community producers and two Community users. () OJL 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). e OJ C 267, 30.10.2004, p. 4.