1.3.2007 Official Journal of the European Union L 62/19 COMMISSION REGULATION (EC) No 217/2007 of 28 February 2007 initiating an investigation concerning the possible circumvention of countervailing measures imposed by Council Regulation (EC) No 1628/2004 on imports of certain graphite electrode systems originating in India by imports of certain artificial graphite originating in India 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 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 23(2) and Article 24(3) and 24(5) thereof, After having consulted the Advisory Committee, Whereas: A. REQUEST The Commission has received a request pursuant to Article 23(2) of the basic Regulation to investigate the alleged circumvention of the countervailing measures imposed on imports of certain graphite electrode systems originating in India. The request was lodged on 15 January 2007 by the European Carbon and Graphite Association (ECGA) on behalf of Community producers of certain graphite electrode systems. B. PRODUCT The product concerned by the possible circumvention is graphite electrodes of a kind used for electric furnaces, with an apparent density of 1,65 g/cm? or more and an electrical resistance of 6,0 pQ.m or less, falling within CN code ex 854511 00 (TARIC code 8545 1100 10) and nipples used for such electrodes, falling within CN code ex 8545 90 90 (TARIC code 854590 90 10) whether imported together or separately originating in India (‘the product concerned’). These codes are given for infor- mation only. The product under investigation is artificial graphite rods of a diameter of 75 mm or more originating in India (‘the product under investigation’), normally declared under CN code ex 3801 10 00 (TARIC 3801 10 00 10). This code is given for information only. The product under investigation is an intermediate product in the manufacturing of the product concerned, and it already embodies the basic characteristics of the latter product. () OJ L 288, 21.10.1997, p. 1. Regulation as last amended by Regu- lation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). C. EXISTING MEASURES The measures currently in force and allegedly being circumvented are countervailing measures imposed by Council Regulation (EC) No 1628/2004 (3). D. GROUNDS The request contains sufficient prima facie evidence that the countervailing measures on imports of the product concerned are being circumvented by means of imports of the product under investigation. The evidence submitted is as follows: (i) the request shows that a significant change in the pattern of trade involving exports from India to the Community has taken place following the imposition of countervailing 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; A r=e = = this change in the pattern of trade appears to stem from a simple conversion operation carried out in the Community whereby imports of the product under investigation are converted into the product concerned; = (ili) furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing countervailing measures on the product concerned are being undermined in terms of quantity. Significant volumes of imports of the product under investigation from India appear to have replaced imports of the product concerned; A = = finally, the request contains sufficient prima facie evidence that the imported product under investi- gation still benefits from the subsidy; (v) should circumvention practices covered by Article 23 of the basic Regulation, other than simple conversion, be identified in the course of the inves- tigation, the investigation may cover these practices also. () O] L 295, 18.9.2004, p. 4.