20.8.2010 Official Journal of the European Union L 219/1 II (Non-legislative acts) REGULATIONS COMMISSION REGULATION (EU) No 748/2010 of 19 August 2010 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1425/2006 on imports of certain plastic sacks and bags originating in the People’s Republic of China by imports of certain plastic sacks and bags channelled via a Chinese company subject to a lower duty rate, 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, After having consulted the Advisory Committee, 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 plastic sacks and bags originating in the People’s Republic of China. A. PRODUCT (2)  The product concerned by the possible circumvention is plastic sacks and bags, containing at least 20 % by weight of polyethylene and of sheeting of a thickness not exceeding 100 micrometers (um), originating in the People’s Republic of China, currently falling within CN codes ex 3923 21 00, ex 3923 29 10 and ex 3923 29 90 (TARIC codes 3923210020, 3923291020, and 3923 29 90 20) (the product concerned). (3)  The product under investigation is plastic sacks and bags, containing at least 20 % by weight of polyethylene and of sheeting a thickness not exceeding 100 micrometers (um), currently falling within the same codes as the () OJ L 343, 22.12.2009, p. 51. ) ) O] O] product concerned declared as being manufactured by the company XIAMEN XINGXIA POLYMERS CO., LTD. B. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 1425/2006 (%), as last amended by Council Regulation (EC) No 189/2009 (). C. GROUNDS The Commission has at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of the product concerned produced by certain producers currently subject to the residual duty rate of 28,8 % (TARIC additional code A999) are being circumvented by means of reorganisation of patterns and channels of sales of the product concerned. These producers and exporters have eventually their products exported to the Union through a Chinese exporting producer bene- fiting from a duty rate for cooperating exporters not selected to be part of the sample of 8,4 % (XIAMEN XINGXIA POLYMERS CO., LTD), listed together with other non-sampled companies in Annex I to Regulation (EC) No 1425/2006), which is lower than the residual duty rate of 28,8 %. The prima facie evidence at the Commission’s disposal is as follows: There is a change in the pattern of trade involving exports from the People’s Republic of China which has taken place following the imposition of measures on the product concerned, without sufficient due cause or justifi- cation other than the imposition of the duty for such a change. L 270, 29.9.2006, p. 4. L 67, 12.3.2009, p. 5.