12.3.2013 Official Journal of the European Union L 681 (Non-legislative acts) II REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 205/2013 of 7 March 2013 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 2/2012 on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China to imports of certain stainless steel fasteners consigned from the Philippines, whether declared as originating in the Philippines or not and terminating the investigation concerning possible circumvention of anti-dumping measures imposed by that regulation by imports of certain stainless steel fasteners and parts thereof consigned from Malaysia and Thailand, whether declared as originating in Malaysia and Thailand or not THE COUNCIL OF THE EUROPEAN UNION, 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 Article 13 thereof, Having regard to the proposal from the European Commission, Whereas: 1. PROCEDURE 1.1. Existing measures By Implementing Regulation (EU) No 2/2012 (%) the Council imposed a definitive anti-dumping duty of 24,7 % on imports of certain stainless steel fasteners and parts thereof originating in the People’s Republic of China (the PRC) for all other companies than the ones mentioned in Article 1(2) of that Regulation, following the expiry review of the measures imposed by Council Regulation (EC) No 1890/2005 (}) (the original Regulation’). These measures will hereinafter be referred to as ‘the measures in force’ or ‘original measures’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’. 1.2. Initiation Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed L 343, 22.12.2009, p. 51. L 5, 7.1.2012, p. 1. L 302, 19.11.2005, p. 1. for the initiation of an investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the European Commission (‘the Commission’) has decided, to inves- tigate on its own initiative the possible circumvention of the anti-dumping measures imposed on imports of certain stainless steel fasteners and parts thereof orig- inating in the PRC and to make imports of certain stainless steel fasteners and parts thereof consigned from Malaysia, Thailand and the Philippines, whether declared as originating in Malaysia, Thailand and the Philippines or not, subject to registration. The investigation was initiated on 15 June 2012 by Commission Regulation (EU) No 502/2012 (*) (‘the initiating Regulation’). The prima facie evidence at the Commission’s disposal was that following the imposition of the measures estab- lished in the original investigation a significant change in the pattern of trade involving exports from the PRC, Malaysia, Thailand and the Philippines to the Union occurred, for which there was no sufficient due cause or justification other than the imposition of the measures established in the original investigation. This change stemmed allegedly from the transhipment of certain stainless steel fasteners and parts thereof orig- inating in the PRC via Malaysia, Thailand and the Phil- ippines to the Union. Furthermore, the evidence pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that these increased imports from Malaysia, Thailand and the Philippines were made at prices below the non-injurious price established in the original investigation, adjusted for the increase in the costs of the raw material. (*) OJ L 153, 14.6.2012, p. 8.