29.3.2006 Official Journal of the European Union L 91/3 COMMISSION REGULATION (EC) No 499/2006 of 28 March 2006 on initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China by imports of coumarin consigned from Indonesia and Malaysia, whether declared as originating in Indonesia and Malaysia 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 (1)  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 coumarin originating in the People’s Republic of China. (2)  The request was lodged on 13 February 2006 by the European Chemical Industry Council (CEFIC) on behalf of the sole producer representing 100% of the Community production of coumarin. B. PRODUCT (3)  The product concerned by the possible circumvention is coumarin originating in the People’s Republic of China, normally declared under CN code ex 293221 00 (the product concerned). This code is given for information only. (4 The product under investigation is coumarin consigned from Indonesia and Malaysia (the product under investi- gation) normally declared under the same codes as the product concerned. C. EXISTING MEASURES (5)  The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 769/2002 (%). (") 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). (® OJ L 123, 9.5.2002, p. 1. Regulation as amended by Regulation (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1). D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of coumarin originating in the People’s Republic of China are being circumvented by means of the transhipment via Indonesia and Malaysia of coumarin. 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, Indonesia and Malaysia 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 transhipment of coumarin originating in the People’s Republic of China via Indonesia and Malaysia. 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 both in terms of quantity and price. Significant volumes of imports of coumarin from Indonesia and Malaysia 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 established in the investigation that led to the existing measures. Finally, the request contains sufficient prima facie evidence that the prices of coumarin are dumped in relation to the normal value previously established for the product concerned. Should circumvention practices via Indonesia and Malaysia covered by Article 13 of the basic Regulation, other than transhipment, be identified in the course of the investigation, the investigation may cover these practices also.