L 49/10 Official Journal of the European Union 22.2.2013 REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 157/2013 of 18 February 2013 imposing a definitive anti-dumping duty on imports of bioethanol originating in the United States of America THE COUNCIL OF THE EUROPEAN UNION, 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 9(4) thereof, Having regard to the proposal from the European Commission after consulting the Advisory Committee, Whereas: O] O] 0] 1. PROCEDURE 1.1. Initiation On 25 November 2011, the European Commission (‘the Commission’) announced, by a notice (NOI') published in the Official Journal of the European Union (3), the initiation of an anti-dumping proceeding (‘AD proceeding’ or ‘the proceeding’) with regard to imports into the Union of bioethanol originating in the United States of America (USA’ or ‘the country concerned). On the same day, the Commission announced, by a 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 bioethanol originating in the USA and commenced a separate inves- tigation (AS proceeding). This proceeding was terminated on 21 December 2012 without imposition of countervailing measures. The AD proceeding was initiated following a complaint lodged on 12 October 2011 by the European Producers Union of Renewable Ethanol Association (ePURE) (‘the complainant’) on behalf of producers representing more L 343, 22.12.2009, p. 51. C 345, 25.11.2011, p. 7. C 345, 25.11.2011, p. 13. than 25 %, of the total Union production of bioethanol. 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 an investigation. 1.2. Parties concerned by the proceeding The Commission officially advised the complainant, other known Union producers, the exporters/producers in the USA, importers, and other parties known to be concerned, and the authorities of the USA of the initiation 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. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. 1.2.1. Sampling of exporters/producers in the USA In view of the potentially large number of exporters/pro- ducers in the USA, sampling was envisaged in the notice of initiation in accordance with Article 17 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and if so, to select a sample, exporters/producers in the USA were asked to make themselves known within 15 days from the date of the initiation of the investigation and to reply to a sampling form providing, as specified in the notice of initiation, basic information on their activities related to production and sales of bioethanol during the period from 1 October 2010 to 30 September 2011 (‘the inves- tigation period’ or ‘the IP). The relevant US authorities were also consulted for the selection of a representative sample. More than 60 exporters/producers made themselves known and provided the requested information within the 15 days deadline.