L 141/6 Official Journal of the European Union 28.5.2013 COMMISSION REGULATION (EU) No 490/2013 of 27 May 2013 imposing a provisional anti-dumping duty on imports of biodiesel originating in Argentina and Indonesia THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 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: A. PROCEDURE 1. Initiation On 29 August 2012, the European Commission ('the Commission') announced, by a notice published in the Official Journal of the European Union (3) (‘notice of initi- ation’), the initiation of an anti-dumping proceeding with regard to imports into the Union of biodiesel originating in Argentina and Indonesia (‘the countries concerned’). The investigation was initiated following a complaint lodged on 17 July 2012 by the European Biodiesel Board (‘the complainant) on behalf of producers repre- senting more than 60% of the total Union 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 investigation. On 30 January 2013, the Commission made imports of the same product originating in the countries concerned subject to registration under Commission Regulation (EU) No 79/2013 of 28 January 2013 (°). On 10 November 2012, the Commission announced, by notice published in the Official Journal of the European Union (*), the initiation of an anti-subsidy proceeding with regard to imports into the Union of biodiesel orig- inating in Argentina and Indonesia and commenced a separate investigation. 2. Investigation period The investigation of dumping and injury covered the period from 1 July 2011 to 30 June 2012 (‘the investi- gation period’ or ‘IP’). The examination of trends relevant for the assessment of injury covered the period from 1 January 2009 to the end of the IP (the period considered’). 343, 22.12.2009, p. 51. 260, 29.8.2012, p. 8. 27, 29.1.2013, p. 10. 342, 10.11.2012, p. 12. NN (10) (11) (12) 3. Parties concerned by the investigation The Commission officially advised the complainant, other known Union producers, the known exporting producers in Argentina and Indonesia, known importers, suppliers, distributors, users and associations known to be concerned, and the authorities of Argentina and Indonesia of the initiation of the investigation. The notice of initiation invited all parties concerned by the investigation to contact the Commission and make them- selves known. 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, exporting producers in Argentina and Indonesia, importers and the authorities of Argentina and Indonesia 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. 3.1. Sampling In view of the large number of exporting producers in Argentina and Indonesia, unrelated importers in the Union and Union producers involved in the investigation and in order to complete the investigation within the statutory time limits, the Commission announced in the notice of initiation that it might limit to a reasonable number the exporting producers in Argentina and Indonesia, the unrelated importers and Union producers that would be investigated by selecting a sample in accordance with Article 17 of the basic Regulation (this process is also referred to as ‘sampling’). 3.2. Sampling of exporting producers in Argentina In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, all exporting producers in Argentina were requested to make themselves known to the Commission and provide information specified in the notice of initi- ation. Ten exporting producers or groups of exporting producers provided the requested information and agreed to be included in the sample. However, two companies reported no exports to the Union (or no production at all) during the IP. The remaining eight (groups of) exporting producers accounted for the entire volume exported to the Union during the IP.