L 83/6 Official Journal of the European Union 22.3.2006 COMMISSION REGULATION (EC) No 465/2006 of 21 March 2006 terminating the investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 408/2002 on imports of certain zinc oxides originating in the People’s Republic of China by imports of certain zinc oxides consigned from Kazakhstan, whether declared as originating in Kazakhstan or not, and terminating the registration of such imports imposed by Regulation (EC) No 1289/2005 THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4)  The request contained prima facie evidence showing that 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 Article 13 thereof, After having consulted the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures and former investigations (1) By Regulation (EC) No 408/2002 (?) (the original Regu- lation), the Council imposed definitive anti-dumping duties ranging from 6,9 % to 28 % on imports of zinc oxide with a purity of not less than 93 % zinc oxide (zinc oxides) originating in the People’s Republic of China (the PRO). (2) By Regulation (EC) No 1623/2003 (}) (the anti-circum- vention Regulation), the Council extended the anti- dumping duty of 28 % imposed on imports of zinc oxides originating in the PRC to imports of zinc oxides consigned from Vietnam, whether declared as originating in Vietnam or not, and to zinc oxides presented mixed with silica originating in the PRC. 2. Request (3)  On 27 June 2005, 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 zinc oxides originating in the PRC. The request was submitted by Eurometaux on behalf of producers representing more than 45 % of the Community production of zinc oxides. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17). ® O] L 62, 5.3.2002, p. 7. () O] L 232, 18.9.2003, p. 1. there had been a change in the pattern of trade following the imposition of the anti-dumping measures on imports of zinc oxides originating in the PRC, as shown by a significant increase in imports of the same product from Kazakhstan while imports from the PRC had decreased substantially during the same period. (5)  This change in the pattern of trade was alleged to stem from the transhipment of zinc oxides originating in the PRC via Kazakhstan. It was further alleged that there was insufficient due cause or economic justification for these changes other than the existence of the anti-dumping duties on zinc oxides originating in the PRC. (6)  Finally, the applicant alleged that the remedial effects of the existing anti-dumping duties on zinc oxides origi- nating in the PRC were being undermined both in terms of quantities and prices and that dumping was taking place in relation to the normal values previously established for zinc oxides originating in the PRC. 3. Initiation (7 The Commission initiated an investigation by Regulation (EC) No 1289/2005 (*) (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 zinc oxides consigned from Kazakhstan, whether declared as originating in Kazakhstan or not, falling within CN code 2817 00 00 (Taric code 2817 00 00 13), as from 6 August 2005. 4. Investigation (8)  The Commission advised the authorities of the PRC and Kazakhstan of the initiation of the investigation. Ques- tionnaires were sent to the producers/exporters in the PRC and Kazakhstan as well as to importers in the Community named in the request or known to the Commission from the original investigation. 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 Regulation. () OJ L 204, 5.8.2005, p. 7.