L 29328 Official Journal of the European Union 23.10.2012 REGULATIONS COMMISSION REGULATION (EU) No 973/2012 of 22 October 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 925/2009 on imports of certain aluminium foil originating in the People’s Republic of China by imports of certain aluminium foil in rolls which are not annealed and of a width exceeding 650 mm originating in the People’s Republic of China, and making such imports subject to registration THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation) and in particular Articles 13(3) and 14(5) thereof, After having consulted the Advisory Committee in accordance with Articles 13(3) and 14(5) of the basic Regulation, Whereas: A. REQUEST The European Commission (the Commission) has received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circum- vention of the anti-dumping measures imposed on certain  aluminium foil originating in the People’s Republic of China and to make imports of certain aluminium foil in rolls which are not annealed and of a width exceeding 650 mm originating in the People’s Republic of China subject to registration. The request was lodged on 24 September 2012 by Symetal SA, Eurofoil Luxembourg SA, Alcomet and Hydro Aluminium Rolled Products GmbH, four Union producers of aluminium foil. B. PRODUCT The product concerned by the possible circumvention is aluminium foil of a thickness of not less than 0,008 mm and not more than 0,018 mm, not backed, not further worked than rolled, in rolls of a width not exceeding 650 mm and of a weight exceeding 10kg and currently falling within CN code 7607 11 19 (TARIC code 7607 1119 10), originating in the People’s Republic of China (the product concerned). The product under investigation is the same as that defined in the previous recital, but presented at import in rolls which are not annealed and of a width exceeding 650 mm, currently falling within the same CN code as () O] L 343, 22.12.2009, p. 51. ) ®) (10) the product concerned but falling within a different TARIC code (ie. 7607 1119 90 until the entry into force of this Regulation) and originating in the People’s Republic of China (the product under investigation). C. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 925/2009 (3 imposing a definitive anti-dumping duty on imports of certain aluminium foil originating, inter alia, in the People’s Republic of China. D. GROUNDS The request contains sufficient prima facie evidence that the existing measures described in recital 5 are being circumvented by means of imports of the product under investigation and its subsequent conversion into the product concerned. The prima facie 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 to the Union has taken place following the imposition of the definitive anti-dumping duty on the product concerned imposed by Regulation (EC) No 925/2009, without sufficient due cause or justification for such a change other than the imposition of the duty. This change appears to stem from the importation of the slightly modified product concerned which is then converted in the Union into the product concerned. 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 the product under investigation appear to have replaced imports of the product concerned. In addition, there is sufficient () O] L 262, 6.10.2009, p. 1.