L 194]6 Official Journal of the European Union 26.7.2011 REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 723/2011 of 18 July 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 91/2009 on imports of certain iron or steel fasteners originating in the People’s Republic of China to imports of certain iron or steel fasteners consigned from Malaysia, whether declared as originating in Malaysia or not 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 after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Existing measures (1) By Regulation (EC) No 91/2009 (3, (the original Regu- lation’), the Council imposed a definitive anti-dumping duty of 85% on imports of certain iron or steel fasteners originating in the People’s Republic of China (the PRC" or ‘China) for all companies other than the ones mentioned in Article 1(2) and in Annex 1 to that Regulation. 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’. 1.2. Ex-officio initiation (2)  Following the original investigation, evidence at the disposal of the Commission indicated that the anti-dumping measures on imports of certain iron or steel fasteners originating in the PRC (the product concerned’) are being circumvented by means of trans- hipment via Malaysia. (3)  Prima facie evidence at the Commission’s disposal showed that, following the imposition of the measures in force, a significant change in the pattern of trade 343, 22.12.2009, p. 51. (') O OJ L 29, 31.1.2009, p. 1. = involving exports from the PRC and Malaysia to the Union occurred, which seemed to be caused by the imposition of the measures in force. There was insuf- ficient due cause or justification other than the imposition of the measures in force for such a change. (4)  Furthermore, the evidence pointed to the fact that the remedial effects of the measures in force were being undermined both in terms of quantity and price. The evidence showed that these increased imports from Malaysia were made at prices below the non-injurious price established in the original investigation. (5)  Finally, there was evidence that prices of certain iron or steel fasteners consigned from Malaysia were dumped in relation to the normal value established for the like product during the original investigation. (6)  Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission, on an ex-officio basis, initiated an investigation by Regulation (EU) No0966/2010 (}) (‘the initiating Regulation). Pursuant to Articles 13(3) and 14(5) of the basic Regu- lation, the Commission, by the initiating Regulation, also directed the customs authorities to register imports of certain iron or steel fasteners consigned from Malaysia. 1.3. Investigation (7  The Commission officially advised the authorities of the PRC and Malaysia, the exporting producers and traders in those countries, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation. Questionnaires were sent to the producers| exporters in the PRC and Malaysia known to the Commission or which made themselves known within the deadlines specified in recital 19 of the initiating Regu- lation. Questionnaires were also sent to importers in the Union. 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. () OJ L 282, 28.10.2010, p. 29.