L 176/50 Official Journal of the European Union 6.7.2012 COMMISSION REGULATION (EU) No 5962012 of 5 July 2012 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Implementing Regulation (EU) No 467/2010 on imports of silicon originating in the People’s Republic of China by imports of silicon consigned from Taiwan whether declared as originating in Taiwan 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 (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 silicon originating in the People’s Republic of China and to make imports of silicon consigned from Taiwan, whether declared as originating in Taiwan or not, subject to registration. (2)  The request was lodged on 15 May 2012 by Euroalliages (Liaison Committee of the Ferro-Alloy Industry) ('the applicant’) on behalf of producers representing a major proportion, namely 100 %, of the Union production of silicon. B. PRODUCT (3)  The product concerned by the possible circumvention is silicon metal originating in the PRC, currently falling within CN code 2804 69 00 (silicon content less than 99,99 % by weight) (the product concerned). Purely by reason of the current classification set out in the Combined Nomenclature, it should read ‘silicon’. Silicon with a higher purity, that is containing by weight not less than 99,99 % of silicon, used mostly in the electronic semi-conductor industry, falls under a different CN code and is not covered by this proceeding. (4)  The product under investigation is the same as that defined in the previous recital, but consigned from Taiwan, whether declared as originating in Taiwan or not, currently falling within the same CN code as the product concerned (‘the product under investigation). () O] L 343, 22.12.2009, p. 51. (10) (11) ) ) O] 0] C. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Implementing Regulation (EU) No 467/2010 (2 imposing a definitive anti-dumping duty on imports of silicon originating in the People’s Republic of China, as extended to imports of silicon consigned from the Republic of Korea, whether declared as originating in the Republic of Korea or not, following an expiry review pursuant to Article 11(2) and a partial interim review pursuant to Article 11(3) of Regulation (EC) No 1225/20009. An anti-circumvention investigation concerning imports of silicon was also carried out in 2006-2007 which led to Council Regulation (EC) No 42/2007 () extending the definitive anti-dumping duty imposed by Regulation (EC) No 398/2004 on imports of silicon originating in the People’s Republic of China to imports of silicon consigned from the Republic of Korea whether declared as originating in the Republic of Korea or not. D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of silicon orig- inating in the People’s Republic of China are being circumvented by means of transhipment via Taiwan. 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 Taiwan to the Union which 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. This change appears to stem from the transhipment of silicon originating in the People’s Republic of China via Taiwan to the Union. 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 imports of the L 131, 29.5.2010, p. 1. L 13, 19.1.2007, p. 1.