1.5.2008 Official Journal of the European Union L1171 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS COUNCIL REGULATION (EC) No 388/2008 of 29 April 2008 extending the definitive anti-dumping measures imposed by Regulation (EC) No 1472/2006 on imports of certain footwear with uppers of leather originating in the People’s Republic of China to imports of the same product consigned from the Macao SAR, whether declared as originating in the Macao SAR 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 and former investigations (1) By Regulation (EC) No 1472/2006 (?), (the ‘original Regulation’), the Council imposed definitive anti- dumping duties ranging from 9,7 to 16,5% on imports of footwear with uppers of leather originating in the People’s Republic of China (the original investi- gation). (") OJ L 56, 6.3.1996, p. 1. Regulation as amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). () O] L 275, 6.10.2006, p. 1. 2. Ex-Officio Initiation (2)  In accordance with recital (325) of the original Regu- lation, the Commission carried out monitoring of imports in order to identify any changes in the pattern of trade which could indicate circumvention of the measures. (3)  The evidence at the disposal of the Commission indicated that since the imposition of the anti-dumping measures, there had been a change in the pattern of trade, based on transhipment and/or assembly practices, for which there was insufficient due cause or economic justification other than the imposition of the anti-dumping measures. In addition, the evidence showed that the remedial effects of the existing anti-dumping measures on imports of certain footwear with uppers of leather originating in the PRC were being undermined both in terms of quantity and price. Finally, the evidence indicated that the prices of certain footwear with uppers of leather consigned from the Macao SAR were dumped in relation to the normal value established for the like product during the original investigation. (4)  Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission published, in the Official Journal of the European Union, a Regulation of Initiation (%) (the ‘initiating Regulation’) on an ex-officio basis to investigate the alleged circum- vention of the anti-dumping measures. The Commission, by means of the initiating Regulation and Article 14(5) of the basic Regulation, also instructed the customs au- thorities to register imports of certain footwear with uppers of leather consigned from the Macao SAR whether declared as originating in the Macao SAR or not, as from 7 September 2007. () O] L 234, 6.9.2007, p. 3.