5.8.2005 Official Journal of the European Union L 204/3 COMMISSION REGULATION (EC) No 1288/2005 of 4 August 2005 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 964/2003 on imports of certain tube or pipe fittings, of iron or steel originating, inter alia, in the People’s Republic of China by imports of certain tube or pipe fittings, of iron or steel, consigned from the Philippines, whether declared as originating in the Philippines 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, After having consulted the Advisory Committee, Whereas: A. REQUEST The Commission has received a request pursuant to Article 13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of certain tube or pipe fittings, of iron or steel, originating, inter alia, in the People’s Republic of China. The request was lodged on 23 June 2005 by the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union on behalf of four Community producers. B. PRODUCT The product concerned by the possible circumvention is tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, normally declared under CN  codes ex 7307 9311, ex 73079319, ex7307 9930 and ex 7307 99 90 originating in the People’s Republic of China (the product concerned). These codes are given for information only. The product under investigation is tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest (*) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). A ) 0] 0 external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, consigned from the Philippines (the product under investigation) normally declared under the same codes as the product concerned. C. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 964/2003 () as last amended by Regulation (EC) No 2212/2003 (). D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of certain tube or pipe fittings, of iron or steel, originating in the People’s Republic of China are being circumvented by means of the transhipment and incorrect declaration of origin via the Philippines of certain tube or pipe fittings, of iron or steel. The evidence submitted is as follows. The request shows that a significant change in the pattern of trade involving exports from the People’s Republic of China and the Philippines to the Community has taken place following the imposition of measures on the product concerned, and that 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 the trans- hipment and incorrect declaration of origin of certain tube or pipe fittings, of iron or steel, originating in the People’s Republic of China via the Philippines. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on the product concerned are being undermined in terms of quantities. Significant volumes of imports of certain tube or pipe fittings, of iron or steel, from the Philippines appear to have replaced imports of the product concerned originating in the People’s Republic of China. L 139, 6.6.2003, p. 1. L 332, 19.12.2003, p. 3.