12.8.2009 Official Journal of the European Union L 2087 COMMISSION REGULATION (EC) No 734/2009 of 11 August 2009 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 on imports of steel ropes and cables originating in the People’s Republic of China by imports of steel ropes and cables consigned from the Republic of Korea and Malaysia, whether declared as originating in the Republic of Korea and Malaysia or not, and making such imports subject to registration 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 Articles 13(3), 14(3) and 14(5) thereof, After having consulted the Advisory Committee, Whereas: 1. REQUEST The Commission has received a request pursuant to Article 13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of steel ropes and cables originating in the People’s Republic of China. The request was lodged on 29 June 2009 by the Liaison Committee of EU Wire Rope Industries (EWRIS) on behalf of the Community producers of steel ropes and cables. 2. PRODUCT The product concerned by the possible circumvention is steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, originating in the People’s Republic of China, currently falling within CN codes ex 7312 10 81, ex 7312 10 83, ex 731210 85, ex 7312 10 89 and ex 7312 10 98 (the product concerned). The product under investigation is steel ropes and cables including locked coil ropes, excluding ropes and cables of stainless steel, with a maximum cross-sectional dimension exceeding 3 mm, consigned from the Republic of Korea and Malaysia (the product under inves- tigation), currently falling within the same codes as the product concerned. () OJ L 56, 6.3.1996, p. 1. (10) C) O] 0] 3. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1858/2005 (3 as last amended by Regulation (EC) No 283/2009 (3). 4. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of steel ropes and cables originating in the People’s Republic of China are being circumvented by means of the transhipment via the Republic of Korea and Malaysia of steel ropes and cables. The evidence submitted is as follows: The request shows that a significant change in the pattern of trade involving exports from the People’s Republic of China and the Republic of Korea and Malaysia to the Community has taken place following the imposition of measures on the product concerned, and that there is insufficient due cause or justification other than the imposition of the duty for such a change. This change in the pattern of trade appears to stem from the transhipment of steel ropes and cables originating in the People’s Republic of China via the Republic of Korea and Malaysia. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of steel ropes and cables from the Republic of Korea and Malaysia appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that this increased volume of imports is made at prices well below the non- injurious price established in the investigation that led to the existing measures. Finally, the request contains sufficient prima facie evidence that the prices of product under investigation are dumped in relation to the normal value previously established for the product concerned. L 299, 16.11.2005, p. 1. L 94, 8.4.2009, p. 5.