L 277/18 Official Journal of the European Union 20.10.2007 COMMISSION REGULATION (EC) No 1229/2007 of 19 October 2007 terminating the investigation concerning possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1629/2004 on imports of certain graphite electrode systems originating in India THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (the basic Regulation) ('), and in particular Articles 9 and 13 thereof, Whereas: A. PROCEDURE 1. Existing measures and former investigations Following parallel anti-dumping and anti-subsidy proceedings, the Council imposed, by Regulation (EC) No 1629/2004 (3) (the original Regulation), a definitive anti-dumping duty of 0 % on imports of certain graphite electrode systems originating in India. At the same time, countervailing duties between 7,0 % and 15,7 % were imposed on the same imports by Council Regulation (EC) No 1628/2004 (). 2. Request On 15 January 2007 the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti- dumping measures imposed on imports of certain graphite electrode systems originating in India. The request was submitted by the European Carbon and Graphite Association (ECGA) on behalf of Community producers of certain graphite electrode systems. The request contained prima facie evidence showing that there had been a change in the pattern of trade following the imposition of the anti-dumping measures on imports of certain graphite electrode systems originating in India, as shown by a significant increase in imports of artificial () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation ) ) (EC) No 2117/2005 (O] L 340, 23.12.2005, p. 17). L 295, 18.9.2004, p. 10. L 295, 18.9.2004, p. 4. (6) graphite from India (the product under investigation) while imports of certain graphite electrode systems from India (the product concerned) had decreased substantially during the same period. The request to investigate the alleged circumvention of the measures in force argued that one exporting producer of the product concerned originating in India was, after imposition of the measures, exporting the product under investigation to its related company in the Community. This company was then performing a completion operation in the Community to produce the product concerned from the product under investigation. It was alleged that there was insufficient due cause or economic justification for these changes other than the existence of the anti-dumping duty on certain graphite electrode systems originating in India. Finally, the applicant alleged that the remedial effects of the existing anti-dumping duty on the product concerned were being undermined in terms of quantity and that dumping was taking place in relation to the normal value previously established for the product concerned. 3. Initiation The Commission initiated an investigation by Regulation (EC) No 216/2007 (* (the initiating Regulation) into the alleged circumvention and, pursuant to Articles 13(3) and 14(5) of the basic Regulation, directed the customs authorities to register imports of the product under investigation, being artificial graphite rods of a diameter of 75 mm or more originating in India, falling under CN code ex 3801 10 00 (TARIC code 3801 10 00 10), as from 2 March 2007. 4. Investigation The Commission advised the authorities of India of the initiation of the investigation. Questionnaires were sent to the exporting producers in India as well as to importers in the Community named in the request or known to the Commission from the previous investi- gation. 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 initiating Regu- lation. () O] L 62, 1.3.2007, p. 16.