L 69/6 Official Journal of the European Union 16.3.2005 COMMISSION REGULATION (EC) No 426/2005 of 15 March 2005 on imposing a provisional anti-dumping duty on imports of certain finished polyester filament apparel fabrics originating in the People’s Republic of China THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 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 A. PROCEDURE 1. Initiation On 17 June 2004, the Commission announced, by a notice published in the Official Journal of the European Union (), the initiation of an anti-dumping proceeding with regard to imports into the Community of certain finished polyester filament apparel fabrics (FPFAF) originating in the People’s Republic of China (PRC or ‘country concerned). The proceeding was initiated as a result of a complaint lodged by AIUFFASS (‘the complainant’), an affiliate of Euratex, on behalf of 7 individual producers representing a major proportion of the production of the product concerned in the EU, ie. in this case 26 % of the Community production. The complaint contained evidence of dumping of the said product and of material injury resulting there from, which was considered sufficient to justify the initiation of a proceeding. 2. Parties concerned by the proceeding The Commission officially advised the complainant, the exporting producers, importers, suppliers and users as well as user associations known to be concerned, and the representatives of the PRC, 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 complainant producers, other co-operating Community producers, exporting producers, importers, suppliers, users and their respective associations made their views known. All interested parties, who so requested and showed that there were particular reasons why they should be heard, were granted a hearing. The Commission sent questionnaires to all parties known to be concerned and to all the other companies that made themselves known within the deadlines set out in the notice of initiation. Replies were received from six of the seven Community producers included in the complaint (one company being unable to fully cooperate due to bankruptcy), one other Community producer, one supplier, one unrelated importer and nine unrelated users in the Community. L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). C 160, 17.6.2004, p. 5.