L 386 Official Journal of the European Union 11.2.2012 COMMISSION REGULATION (EU) No 115/2012 of 9 February 2012 imposing a provisional countervailing duty on imports of certain stainless steel fasteners and parts thereof originating in India THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (‘the basic Regulation’), and in particular Article 12 thereof, After consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Initiation (1) On 13 May 2011, the Commission announced, by a notice published in the Official Journal of the European Union (%) (‘notice of initiation’), the initiation of an anti- subsidy proceeding (‘AS proceeding) with regard to imports into the Union of certain stainless steel fasteners and parts thereof originating in India (India’ or ‘the country concerned’). (2)  On the same day, the Commission announced by a notice published in the Official Journal of the European Union (*) (‘notice of initiation’), the initiation of an anti- dumping proceeding with regard to imports into the Union of certain stainless steel fasteners and parts thereof originating in India and commenced a separate investigation (‘AD proceeding’). (3)  The AS proceeding was initiated following a complaint lodged on 31 March 2011 by the European Industrial Fasteners Institute (EIFI) (‘the complainant) on behalf of producers representing more than 25 % of total Union production of certain stainless steel fasteners and parts thereof. The complaint contained prima facie evidence of () O] L 188, 18.7.2009, p. 93. () OJ C 142, 13.5.2011, p. 36 and title corrected in corrigendum (ZOII/C 199/08) in O] C 199, 7.7.2011, p. 13. () O] C 142, 13.5.2011, p. 30 and title corrected in corrigendum (ZOII/C 199/09) in O] C 199, 7.7.2011, p. 13. subsidisation of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation. Prior to the initiation of the proceeding and in accordance with Article 10(7) of the basic Regulation, the Commission notified the Government of India (the ‘GOI') that it had received a properly documented complaint alleging that subsidised imports of certain stainless steel fasteners and parts thereof originating in India were causing material injury to the Union industry. The GOI was invited for consultations with the aim of clarifying the situation as regards the contents of the complaint and arriving at a mutually agreed solution. No mutually agreed solution was found. 1.2. Parties concerned by the proceeding The Commission officially advised the complainant Union producers, other known Union producers, the exporting producers, importers, users known to be concerned, and the Indian authorities 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 for exporting producers in India In view of the large number of exporting producers in India, sampling was envisaged in the notice of initiation for the determination of subsidisation in accordance with Article 27 of the basic Regulation. In order to enable the Commission to decide whether sampling would be necessary and, if so, to select a sample, exporting producers in India were requested to make themselves known within 15 days from the date of the initiation of the investigation and to provide basic information on their export and domestic sales, their precise activities with regard to the production of the product concerned and the names and activities of all their related companies involved in the production andfor selling of the product concerned during the period from 1 April 2010 to 31 March 2011.