26.6.2012 Official Journal of the European Union L 165/37 COMMISSION REGULATION (EU) No 548/2012 of 25 June 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1458/2007 on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China by imports of gas-fuelled, non- refillable pocket flint lighters consigned from Vietnam, whether declared as originating in Vietnam or not, and making such imports subject to registration THE EUROPEAN COMMISSION, (6) A circumvention investigation concerning imports of 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 (1)  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 gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China and to make imports of gas-fuelled, non-refillable pocket flint lighters consigned from Vietnam, whether declared as originating in Vietnam or not, subject to registration. (2)  The request was lodged on 17 April 2012 by Société BIC, a Union producer of gas-fuelled, non-refillable pocket flint lighters. B. PRODUCT (3)  The product concerned by the possible circumvention is gas-fuelled, non-refillable pocket flint lighters currently falling within CN code ex 9613 10 00 originating in the People’s Republic of China ('the product concerned'). (4 The product under investigation is the same as that defined in the previous recital, but consigned from Vietnam, whether declared as originating in Vietnam or not, currently falling within the same CN code as the product concerned (‘the product under investigation'). C. EXISTING MEASURES (5)  The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1458/2007 (3. () OJ L 343, 22.12.2009, p. 51. OJ L 326, 12.12.2007, p. 1. gas-fuelled, non-refillable pocket flint lighters and of certain refillable pocket flint lighters was also carried out in 1998-1999 which led to the extension of the duty to imports of gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China to imports of certain disposable refillable pocket flint lighters originating in the People’s Republic of China or consigned from or originating in Taiwan and to imports of non-refillable lighters consigned from or orig- inating in Taiwan (3). D. GROUNDS (7)  The request contains sufficient prima facie evidence that the anti-dumping measures on imports of gas-fuelled, non-refillable pocket flint lighters originating in the People’s Republic of China are being circumvented by means of assembly operations in Vietnam. (8)  The prima facie evidence submitted is as follows. (99  The request shows a significant change in the pattern of trade involving exports from the People’s Republic of China and Vietnam to the Union has taken place following the imposition of measures on the product concerned, without sufficient due cause or justification for such a change other than the imposition of the duty. (10)  This change appears to stem from assembly operations in Vietnam of gas-fuelled, non-refillable pocket flint lighters. (11)  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 evidence that imports of the product under investigation are made at prices below the non-injurious price estab- lished in the investigation that led to the existing measures. (12)  Finally, the request contains sufficient prima facie evidence that the prices of the product under investigation are dumped in relation to the normal value previously estab- lished for the product concerned. () O] L 22, 29.1.1999, p. 1.