20.9.2008 Official Journal of the European Union L 252/3 COMMISSION REGULATION (EC) No 923/2008 of 12 September 2008 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1174/2005, as amended by Council Regulation (EC) No 684/2008, on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China by imports of hand pallet trucks and their essential parts consigned from Thailand, whether declared as originating in Thailand 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, Whereas: The Commission has decided, pursuant to Article 13(3) of Regulation (EC) No 384/96 (the basic Regulation) to investigate on its own initiative the possible circumvention of the anti- dumping measures imposed on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China. A. PRODUCT The product concerned by the possible circumvention is hand pallet trucks and their essential parts, i.e. chassis and hydraulics, originating in the People’s Republic of China, normally declared under CN codes ex 8427 90 00 and ex 8431 20 00. Hand pallet trucks are defined as trucks with wheels supporting lifting fork arms for handling pallets, designed to be manually pushed, pulled and steered, on smooth, level, hard surfaces, by a pedestrian operator using an articulated tiller. The hand pallet trucks are only designed to raise a load, by pumping the tiller, to a height sufficient for transporting and do not have any other additional functions or uses such as for example (i) to move and to lift the loads in order to place them higher or assist in storage of loads (highlifters); (i) to stack one pallet above the other (stackers); (iii) to lift the load to a working level (scissorlifts); or (iv) to lift and to weigh the loads (weighing trucks) (the product concerned). The product under investigation is hand pallet trucks and their essential parts, as defined in the above paragraph, consigned from Thailand (the product under investigation) normally declared under the same codes as the product concerned. () OJ L 56, 6.3.1996, p. 1. B. EXISTING MEASURES The measures currently in force and possibly being circum- vented are anti-dumping measures imposed by Council Regu- lation (EC) No 1174/2005 (%), as amended by Regulation (EC) No 684/2008 (). C. GROUNDS The Commission has at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of hand pallet trucks and their essential parts originating in the People’s Republic of China are being circumvented by means of assembly operations in Thailand of the product under investi- gation. The prima facie evidence at the Commission’s disposal is as follows: — a significant change in the pattern of trade involving exports from the People’s Republic of China and Thailand to the Community has taken place following the imposition of measures on the product concerned, and 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 assembly operations in Thailand of hand pallet trucks and their essential parts, — furthermore, the evidence points to the fact 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 the product under investigation from Thailand appear to have replaced imports of the product concerned. In addition, there is sufficient evidence that this increase in imports is made at prices well below the non-injurious price estab- lished in the investigation that led to the existing measures, — finally, the Commission has sufficient prima facie evidence at its disposal that the prices of hand pallet trucks and their essential parts are dumped in relation to the normal value previously established for the hand pallet trucks and their essential parts. () O] L 189, 21.7.2005, p. 1. () O] L 192, 19.7.2008, p. 1.