26.9.2012 Official Journal of the European Union L 25821 COMMISSION REGULATION (EU) No 875/2012 of 25 September 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 990/2011 on imports of bicycles originating in the People’s Republic of China by imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, 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 imports of bicycles originating in the People’s Republic of China and to make imports of bicycles consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, subject to registration. The request was lodged on 14 August 2012 by the European Bicycle Manufacturers Association (EBMA) on behalf of In Cycles — Montagem e Comercio de Bicicletas, Ldo, SC. EUROSPORT DHS S.A. and MAXCOM Ltd, three Union producers of bicycles. B. PRODUCT The product concerned by the possible circumvention is bicycles and other cycles (including delivery tricycles, but excluding unicycles), not motorised, currently falling within CN codes 87120030 and ex 87120070 (TARIC code 87120070 90) and 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 consigned from Indonesia, Malaysia, Sri Lanka and Tunisia, whether () OJ L 343, 22.12.2009, p. 51. () (10) declared as originating in Indonesia, Malaysia, Sri Lanka and Tunisia or not, currently falling within the same CN codes as the product concerned (‘the product under investigation'). C. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation (EU) No 990/2011 (%) imposing a definitive anti-dumping duty on imports of bicycles originating in the People’s Republic of China following an expiry review pursuant to Article 11(2) of Regulation (EC) No 1225/2009 of the measures imposed by Council Implementing Regulation (EU) No 1524/2000 (*) and amended by Council Regulation (EC) No 1095/2005 (4. D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of bicycles orig- inating in the People’s Republic of China are being circumvented by means of transhipment via Indonesia, Malaysia, Sri Lanka and Tunisia and by means of assembly operations of certain bicycle parts from the People’s Republic of China in accordance with Art 13.2 of the basic Regulation via Indonesia, Sri Lanka and Tunisia. 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, Indonesia, Malaysia, Sri Lanka and Tunisia to the Union has taken place following the increase of the anti-dumping duty on the product concerned imposed by Council Regulation (EC) 1095/2005, without sufficient due cause or justification for such a change other than the imposition of the duty. This change appears to stem from the transhipment of bicycles originating in the People’s Republic of China via Indonesia, Malaysia, Sri Lanka and Tunisia to the Union and from assembly operations in Indonesia, Sri Lanka and Tunisia. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on the product concerned are being 261, 6.10.2011, p. 2. oJ L () OJ L 175, 14.7.2000, p. 39 oJ L 183, 14.7.2005, p. 1.