2.6.2010 Official Journal of the European Union L 135/3 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 478/2010 of 1 June 2010 imposing a provisional anti-dumping duty on imports of high tenacity yarn of polyesters originating in the People’s Republic of China 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 (') exporting producers, importers, users, other parties known to be concerned, and representatives of the PRC, Korea and Taiwan 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. (the basic Regulation’), and in particular Article 7 thereof, (4)  The complainant, other Union producers, exporting producers in the PRC, Korea and Taiwan, importers After consulting the Advisory Committee, and. users made their views known. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were Whereas: granted a hearing. 1. PROCEDURE (5)  In view of the apparent high number of exporting 1.1. Initiation producers in the PRC and Korea and importers, sampling was envisaged in the notice of initiation, in (1)~ On 8 September 2009, the Commission announced, by a accordance with Article 17 of the basic Regulation. In notice published in the Oficial Journal of the European order to enable the Commission to decide whether Union (2) (nOtiCC Of initiation), the initiation Of an anti- sampling Would be necessary and, lf so, to Select a dumping proceeding with regard to imports into the sample, all known exporting producers in the PRC and Union of high tenacity yarn of polyesters originating in Korea and Union importers were asked to make them- the People’s Republic of China (PRC), the Republic of selves known to the Commission and to provide, as Korea (Korea) and Taiwan (the countries concerned). specified in the notice of initiation, basic information on their activities related to the product concerned (2)  The proceeding was initiated as a result of a complaint during the period from 1 July 2008 to 30 june 2009. lodged on 27 July 2009 by CIRFS — European Man- made Fibres Association (the complainant) on behalf of producers of high tenacity yarn of polyesters representing (6)  As explained in recitals 22 to 27 below, eleven exporting a major proportion, in this case more than 60 % of the producers in the PRC provided the requested information total Union production of high tenacity yarn of and agreed to be included in a sample. With regards to polyesters. The complaint contained prima facie Korea, four exporting producers provided the requested evidence of dumping of the said product and of information and agreed to be included in the sample. material injury resulting therefrom, which was considered sufficient to justify the initiation of an investigation. (7). On the basis of the information received from the co- 0] 0] 1.2. Parties concerned by the proceeding The Commission officially advised the complainant Union producers, other known Union producers, the L 343, 22.12.2009, p. 51. C 213, 8.9.2009, p. 16. operating exporting producers, the Commission selected a sample of three exporting producers in the PRC or groups of related companies having the largest volume of exports to the Union. All exporting producers concerned, as well as their association and the authorities of the PRC, were consulted and agreed on the selection of the sample.