16.6.2009 Official Journal of the European Union L 151/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 499/2009 of 11 June 2009 extending the definitive anti-dumping duty imposed by Regulation (EC) No 1174/2005 on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China to imports of the same product consigned from Thailand, whether declared as originating in Thailand or not THE COUNCIL OF THE EUROPEAN UNION, 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 13 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures (1) By Regulation (EC) No 1174/2005 (%) (the original Regu- lation), following an investigation (the original investi- gation), the Council imposed a definitive anti-dumping duty on imports of hand pallet trucks and their essential parts (HPT or product concerned) originating in the People’s Republic of China (PRC). (2) By Regulation (EC) No 684/2008 (%) the Council clarified the product scope of the original investigation. 2. Ex-Officio Initiation (3)  Following the original investigation, evidence at the disposal of the Commission indicated that the anti- dumping measures on imports of HPT originating in O] L 56, 6.3.1996, p. 1. () O] L 189, 21.7.2005, p. 1. 0J L 192, 19.7.2008, p. 1 the PRC are being circumvented by means of assembly operations in Thailand of HPT (the product under inves- tigation). In concrete terms the prima facie evidence at the Commission’s disposal indicated that: — a significant change in the pattern of trade involving exports from the PRC and Thailand to the Community has taken place following the imposition of measures on the product concerned, and there was insufficient due cause or justification other than the imposition of the duty for such a change, — this change in the pattern of trade appeared to stem from assembly operations in Thailand of HPT, — the remedial effects of the existing anti-dumping measures on the product concerned were being undermined both in terms of quantity and price. Significant volumes of imports of HPT from Thailand appeared to have replaced imports of the product concerned. In addition, there was sufficient evidence that this increase in imports is made at prices well below the non-injurious price established in the investigation that led to the existing measures, — the prices of HPT were dumped in relation to the normal value previously established for the product concerned. Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant