20. 10. 95 Official Journal of the European Communities No L 252/9 COMMISSION REGULATION (EC) No 2451/95 of 19 October 1995 initiating an investigation concerning the circumvention of anti-dumping measures imposed by Regulation (EEC) No 2861/93 on imports of certain magnetic disks (3,5” microdisks) originating in Japan, Taiwan and the People’s Republic of China by imports of certain magnetic disks (3,5 microdisks) originating in Canada, Hong Kong, India, Indonesia, Macao, Malaysia, the Philippines, Singapore and Thailand, and making these 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 3283/94 of 22 December 1994 on protection against dumped imports from countries not members of the European Com- munity ('), as last amended by Regulation (EC) No 1251/95 (3, and in particular Articles 13 and 14 thereof, After consulting the Advisory Committee, Whereas : A. REQUEST (1) The Commission has received a request pursuant to Article 13 (3) of Regulation (EC) No 3283/94 (hereinafter ‘the Basic Regulation’) to investigate the alleged circumvention of the anti-dumping duties imposed by Council Regulation (EEC) No 2861/93 of 18 October 1993 () on imports of certain magnetic disks (3,5” microdisks) originating in Japan, Taiwan and the People’s Republic of China by imports of 3,5 microdisks originating in Canada, Hong Kong, India, Indonesia, Macao, Malaysia, the Philippines, Singapore and Thailand ; to make these imports subject to registration by the customs authorities pursuant to Article 14 (5) of the Basic Regulation and to extend, where justified, the above anti-dumping duties to imports of 3,5” microdisks from the latter countries. B. APPLICANT ()  The request has been lodged by the Committee of European Diskette Manufacturers (Diksma). C. PRODUCT (3)  The product concerned is 3,5” microdisks, used to record and store encoded digital computer informa- () OJ No L 349, 31. 12. 1994, p. 1. () OJ No L 122, 2. 6. 1995, p. 1. () OJ No L 262, 21. 10. 1993, p. 4. tion and is currently classifiable within CN code ex 8523 20 90. This code is given for information only and has no binding effect on the classification of the product. D. EVIDENCE The request contains sufficient evidence to satisfy the requirements of Article 13 (1) of the basic Regulation that the anti-dumping duties on imports of 3,5 microdisks originating in the People’s Republic of China and Taiwan are being circumvented by imports originating in the coun- tries enumerated at recital (1) above. The evidence is as follows : (a) A clear change has taken place in the pattern of trade between the countries concerned and the European Community. For example, the market share represented by imports from the countries covered by the request grew from 21 % in 1992 to 36 % in 1994. The corresponding figures for the People’s Republic of China and Taiwan show an opposite and almost equal decrease; provisional duties were imposed on imports from those countries in April 1993, and the market share represented by these imports has fallen from 20 % in 1992 to 4 % in 1994. This change is pattern of trade is alleged to stem from a practice for which there is insuffi- cient due cause or economic justification apart from the existence of anti-dumping duties. It is contended that operations in the countries listed consist principally of transhipment of 3,5” microdisks manufactured in the People’s Republic of China and Taiwan. Given that production remains in these countries, the addi- tional transhipment would only serve to increase costs. The sole justification for the extra step is alleged to be the performance of some minor function (labelling, repacking) in the country of transhipment, intended to allow the conferment of an origin not subject to the anti-dumping duties in question.