5.8.2005 Official Journal of the European Union L 204(7 COMMISSION REGULATION (EC) No 1289/2005 of 4 August 2005 initiating an 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 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 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 zinc oxides originating in the People’s Republic of China. The request has been lodged on 27 June 2005 by Euro- metaux on behalf of producers representing more than 45 % of the Community production of certain zinc oxides. B. PRODUCT The product concerned by the possible circumvention is zinc oxide (chemical formula ZnO) with a purity of not less than 93 % zinc oxide originating in the People’s Republic of China, normally declared under CN code 2817 00 00 (the product concerned). This code is given for information only. The product under investigation is zinc oxide (chemical formula ZnO) with a purity of not less than 93 % zinc oxide consigned from Kazakhstan (the product under investigation) normally declared under the same codes as the product concerned. (*) 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 C. EXISTING MEASURES The measures currently in force and possibly being circumvented are antidumping measures imposed by Council Regulation (EC) No 408/2002 (3, as last amended by Regulation (EC) No 1623/2003 (3). D. GROUNDS The request contains sufficient prima facie evidence, that the anti-dumping measures on imports of certain zinc oxides originating in the People’s Republic of China are being circumvented by means of transhipment via Kazakhstan of certain zinc oxides. 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 Kazakhstan 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 certain zinc oxides originating in the People’s Republic of China via Kazakhstan. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on imports of the product concerned are being undermined both in terms of quantity and price. Significant volumes of imports of certain zinc oxides from Kazakhstan appear to have replaced imports of the product concerned. Finally, the request contains sufficient prima facie evidence that the prices of certain zinc oxides are dumped in relation to the normal value previously established for certain zinc oxides. L 62, 5.3.2002, p. 7. L 232, 18.9.2003, p. 1.