17.7.2003 Official Journal of the European Union L 178/9 COMMISSION REGULATION (EC) No 1264/2003 of 16 July 2003 initiating an investigation concerning the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine, and making such imports subject to registration THE COMMISSION OF THE EUROPEAN UNION, 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 (!), as last amended by Regulation (EC) No 1972/2002 (3, and in parti- cular Article 13(3), Article 14(3) and Article 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 Regulation (EC) No 384/96 (the basic Regulation) to investigate the alleged circumvention of the anti-dumping measures imposed on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine. (2)  The request has been lodged on 2 June 2003 by the Defence Committee of the Seamless Steel Tube Industry of the European Union on behalf of producers repre- senting a major proportion, ie. over 50% of the Community production of certain seamless pipes and tubes of iron or non-alloy steel. B. PRODUCT (3)  The products concerned by the allegation of circumven- tion are: — seamless pipes, of iron or non-alloy steel, of a kind used for oil and gas pipelines, of an external diameter not exceeding 406,4 mm, — seamless tubes of circular cross-section, of iron or non-alloy steel, cold-drawn or cold-rolled, other than precision tubes, () OJL 56, 6.3.1996, p. 1. () OJ L 305,7.11.2002, p. 1. ( ( ( ( 3) 4 5 6 ) ) ) ) L 322,25.11.1997, ) 0J ) 0J — other tubes of circular cross-section, of iron or non- alloy steel, other than threaded or threadable, of an external diameter not exceeding 406,4 mm, currently classifiable within CN codes ex 7304 10 10, ex 730410 30, 7304 31 99, 7304 3991 and 7304 39 93, The products under investigation are the product concerned and certain seamless pipes and tubes of alloy steel other than stainless steel, originating in Russia and Ukraine and declared under CN codes 7304 59 91 and 7304 59 93. The CN codes are given for information only. C. EXISTING MEASURES The measures currently in force and allegedly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 2320/97 (), as last amended by Council Regulation (EC) No 190/2000 (%), and by Council Regulation (EC) No 348/2000 (), as last amended by Council Regulation (EC) No 1515/2002 (°). D. GROUNDS The request contains sufficient evidence, that the anti- dumping measures on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine are being circumvented by means of adding minimal quantities of other substances to the product concerned, thus allowing these products to be classifiable under other CN codes not subject to anti-dumping measures, in particular CN codes 7304 59 91 and 7304 59 93, or by importing under these CN codes the product concerned. Hereinafter, the products which are being imported via these practices are referred to as ‘products under investigation’. p- 1. L 23, 28.1.2000, p. 1. L 45,17.2.2000, p. 1. L 228, 24.8.2002, p. 8.