17.3.2011 Official Journal of the European Union L 70/5 COMMISSION REGULATION (EU) No 258/2011 of 16 March 2011 imposing a provisional anti-dumping duty on imports of ceramic tiles originating in the People’s Republic of China THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union (‘the 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: 0] 0] A. PROCEDURE 1. Initiation On 19 June 2010, the European Commission (‘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 ceramic tiles originating in the People’s Republic of China (‘China’ or ‘the country concerned’). The anti-dumping proceeding was initiated following a complaint lodged by the European Ceramic Tile Manu- facturers’ Federation (CET) (the complainants’) on behalf of 69 producers representing more than 30 % of the total Union production of ceramic tiles. 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 a proceeding. 2. Parties concerned by the proceeding The Commission officially advised the complainants, other known Union producers, the known exporting producers in China, the representatives of China, and L 343, 22.12.2009, p. 51. C 160, 19.6.2010, p. 20. known importers and users of the initiation of the proceeding. The Commission also advised producers in the United States (the USA’), Nigeria, Brazil, Turkey, Indonesia and Thailand, as these countries were envisaged as a possible analogue country. Interested parties were given the 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. In view of the apparent high number of exporting producers in China, unrelated importers and Union producers, sampling was envisaged in the Notice of initiation for the determination of dumping and injury 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, all known exporting producers in China, importers and Union producers were asked to make themselves known to the Commission and to provide, as specified in the Notice of initiation, basic information on their activities related to the product concerned during the period from 1 April 2009 to 1 March 2010. The authorities of China were also consulted. 2.1. Sampling of Chinese exporting producers One hundred and five valid responses were received to the sampling exercise from exporting producers in China, covering 47 % of imports during the investigation period, as defined in recital 24 below. Therefore, the cooperation is considered to be low. In accordance with Article 17(1) of the basic Regulation, the Commission selected a sample of exporting producers based on the largest representative volume of exports of the product concerned to the Union which could reasonably be investigated within the time available. The sample selected consisted of three groups, representing 10 individual producers, which accounted for 14,4 % of the total volume of exports from China to the Union and 31,3 % of the total volume of the cooperating exporters during the IP. In accordance with Article 17(2) of the basic Regulation, the parties concerned and the Chinese authorities were consulted on the selection of sample. A number of comments were received in relation to the proposed sample. Comments considered appropriate were taken into account in the selection of the final sample.