28.10.2010 Official Journal of the European Union L 28229 COMMISSION REGULATION (EU) No 966/2010 of 27 October 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China by imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia 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), 14(3) and 14(5) thereof, Whereas: 1 The Commission has decided, pursuant to Article 13(3) of the basic Regulation, to investigate on its own initiative the possible circumvention of the anti- dumping measures imposed on imports of certain iron or steel fasteners originating in the People’s Republic of China. A. PRODUCT The product concerned by the possible circumvention is certain iron or steel fasteners, other than of stainless steel, ie. wood screws (excluding coach screws), self- tapping screws, other screws and bolts with heads (whether or not with their nuts or washers, but excluding screws turned from bars, rods, profiles or wire, of solid section, of a shank thickness not exceeding 6 mm and excluding screws and bolts for fixing railway track construction material), and washers, originating in the People’s Republic of China, falling within CN codes 7318 12 90, 7318 14 91, 73181499, 73181559, 73181569, 73181581, 7318 1589, ex73181590, ex73182100 and ex 7318 22 00. The product under investigation is the same as that defined in the previous recital, but consigned from Malaysia, whether originating in Malaysia or not, currently falling within the same CN codes as the product concerned. B. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 91/2009 (?). C. GROUNDS The Commission has at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of 343, 22.12.2009, p. 51. 0] L 0J L 29, 31.1.2009, p. 1. (10) (11) (12) the product concerned are being circumvented by means of the transhipment via Malaysia. The prima facie evidence at the Commission’s disposal is as follows: There is a significant change in the pattern of trade involving exports from the People’s Republic of China and Malaysia to the Union which has taken place following the imposition of measures on the product concerned, without sufficient due cause or justification other than the imposition of the duty for such a change. This change in the pattern of trade appears to stem from the transhipment of certain iron or steel fasteners orig- inating in the People’s Republic of China via Malaysia. Furthermore, the evidence points to the fact 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 this increased volume of imports is made at prices well below the non- injurious price established in the investigation that led to the existing measures. Finally, the Commission has sufficient prima facie evidence at its disposal that the prices of the product under investigation are dumped in relation to the normal value previously established for the product concerned. Should circumvention practices via Malaysia covered by Article 13 of the basic Regulation, other than trans- hipment, be identified in the course of the investigation, the investigation may also cover these practices. D. PROCEDURE In the light of the above, the Commission has concluded that sufficient evidence exists to justify the initiation of an investigation pursuant to Article 13 of the basic Regu- lation and to make imports of the product under inves- tigation, whether declared as originating in Malaysia or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.