L 27/10 Official Journal of the European Union 29.1.2013 COMMISSION REGULATION (EU) No 79/2013 of 28 January 2013 making imports of biodiesel originating in Argentina and Indonesia subject to registration 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 Articles 10(4) and 14(5) thereof, After consulting the Advisory Committee, Whereas: (1) (") ¢ O] 0] 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 concerning imports of biodiesel originating in Argentina and Indonesia (the countries concerned) following a complaint lodged on 17 July 2012 by the European Biodiesel Board (‘the complainant’) on behalf of producers representing more than 25 % of the total Union production of biodiesel. A. PRODUCT CONCERNED The product concerned by this registration is the same as that defined in the notice of initiation, i.e. fatty-acid mono-alkyl esters andfor paraffinic gasoils obtained from synthesis andfor hydro-treatment, of non-fossil origin, in pure form or as included in a blend, currently falling within CN codes ex 1516 20 98, ex 1518 00 91, ex 1518 00 95, ex 1518 00 99, ex 2710 19 43, ex 2710 19 46, ex 271019 47, 27102011, 27102015, 27102017, ex 3824 90 97, 3826 00 10 and ex 3826 00 90, and originating in Argentina and Indonesia. B. REQUEST Following the publication of the notice of initiation, the complainant requested in September 2012 that imports of the product concerned are made subject to registration pursuant to Article 14(5) of the basic Regulation so that measures may subsequently be applied against those imports from the date of such registration. L 373, 22.12.2009, p. 51. C 260, 29.8.2012, p. 8. C. GROUNDS FOR THE REGISTRATION According to Article 14(5) of the basic Regulation, the Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. The complainant claimed that registration is justified as the product concerned was dumped and injury to the Union industry was caused by the surge in dumped imports in a relatively short period of time. As regards dumping, the Commission has at its disposal sufficient prima facie evidence that imports of the product concerned from the countries concerned are being dumped. In the anti-dumping complaint and request for registration, the evidence regarding export prices from both countries, based on Eurostat data, covers the period from April 2011 to March 2012. The evidence regarding normal value, contained in the anti-dumping complaint and request for registration, consists for both countries of domestic prices. The complainant also provided a constructed normal value based on total cost of production plus a reasonable amount for selling, general and administrative expenses and for profits. Indeed it has been argued that the export taxes on the soybean oil or palm oil, in Argentina and Indonesia respectively, distort the domestic market by lowering the raw materials prices. As a whole, and given the extent of the dumping margin alleged, this evidence provides sufficient support at this stage that the exporters in question practice dumping. As regards injury, the Commission has at its disposal sufficient prima facie evidence that the exporters’ dumping practices are causing material injury. This evidence consists of detailed data, contained in the anti-dumping complaint and request for registration and supported by information from the industry and public sources, concerning the key injury factors set out in Article 3(5) of the basic Regulation. The Commission also has at its disposal sufficient prima facie evidence, contained in the anti-dumping complaint