L 8/22 Official Journal of the European Union 12.1.2012 COUNCIL IMPLEMENTING REGULATION (EU) No 14/2012 of 9 January 2012 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) No 511/2010 on imports of certain molybdenum wires originating in the People’s Republic of China to imports of certain molybdenum wires consigned from Malaysia, whether declared as originating in Malaysia or not and terminating the investigation in respect of imports consigned from Switzerland 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 submitted by the European Commission (‘the Commission’) after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures By Implementing Regulation (EU) No 511/2010 (?) (‘the original Regulation’), the Council imposed a definitive anti-dumping duty of 64,3 % on imports of certain molybdenum wires as defined in Article 1(1) of the said Regulation (the product concerned’) originating in the People’s Republic of China (PRC' or ‘country concerned’). These measures will hereinafter be referred to as ‘the measures in force’ and the investigation that led to the measures imposed by the original Regulation will be hereinafter referred to as ‘the original investigation’. 2. Request On 4 April 2011, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the measures in force. The request was submitted by the European Association of Metals (Eurometaux) on behalf of a Union producer of certain molybdenum wires (the applicant’). The request alleged that following the imposition of the measures in force, there had been a significant change in the pattern of trade between PRC, Malaysia and Swit- zerland on the one hand and the Union on the other. The applicant claimed that this change was due to trans- hipment of molybdenum wires via Malaysia or Swit- zerland. The request concluded that there was insufficient due cause or economic justification for the transhipment other than the existence of the measures in force. L 343, 22.12.2009, p. 51. L 150, 16.6.2010, p. 17. ©) (10) (11) Finally, the applicant alleged that the remedial effects of the measures in force were being undermined both in terms of quantities and prices and that the prices of molybdenum wires from Malaysia and Switzerland were dumped when related to the normal value established in the original investigation. 3. Initiation Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation by Regulation (EU) No 477/2011 (%) (the initiating Regulation’). Pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of the product concerned consigned from Malaysia or Switzerland, whether declared as originating in Malaysia or Switzerland or not, as of 19 May 2011. 4. Investigation The Commission officially advised the authorities of the PRC, Malaysia and Switzerland, the exporting producers and traders in those countries, the importers in the Union known to be concerned as well as the Union producers of the initiation of the investigation. Questionnaires were sent to the producers/exporters in Malaysia, Switzerland and the PRC as well as to Union importers known to be concerned and/or mentioned in the request. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the initiating Regu- lation. All parties were informed that non-cooperation might lead to the application of Article 18 of the basic Regulation and to findings being based on the facts available. One Union importer contacted the Commission, declaring that it had never purchased any molybdenum wires from outside the Union. Two Malaysian companies submitted that during the IP referred to in recital (14) they neither manufactured nor exported to the Union any molybdenum wires. One Swiss company declared that they were not involved in producing or selling the molybdenum wires over the past three years. () OJ L 131, 18.5.2011, p. 14.