L 49/28 Official Journal of the European Union 19.2.2004 COMMISSION REGULATION (EC) No 284/2004 of 18 February 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 1676/2001 on imports of polyethylene terephthalate (PET) film originating, inter alia, in India by imports of polyethylene terephthalate (PET) film consigned from Brazil and from Israel, whether declared as originating in Brazil or Israel or not and making such imports subject to registration THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community ('), as last amended by Regulation (EC) No 1972/2002 (3, (the basic Regulation), and in particular Article 13(3) and Article 14(3) and (5) thereof, After having consulted the Advisory Committee, Whereas: A. REQUEST (1)  The Commission has received a request pursuant to Article13(3) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on imports of polyethylene terephthalate (PET) film (PET film) originating, inter alia, in India. (2)  The request was lodged on 6 January 2004 by the following Community producers: DuPont Teijin Films, Mitsubishi Polyester Film GmbH and Nuroll SpA. B. PRODUCT (3)  The product concerned by the possible circumvention is PET film originating in India, normally declared under CN codes ex 39206219 and ex 39206290 (the product concerned). These codes are given for informa- tion only. (4)  The product under investigation is PET film consigned from Brazil and from Israel (the product under investiga- tion) normally declared under the same codes as the product concerned. C. EXISTING MEASURES (5)  The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 16762001 (). OJ L 56, 6.3.1996, p. 1. () OJ L 305,7.11.2002, p. 1. 0] L 227, 23.8.2001, p. 1 (11) D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of PET film originating in India are being circumvented by means of transhipment via Brazil and via Israel. The evidence submitted is as follows: The request shows that a significant change in the pattern of trade involving exports from India, Brazil and Israel to the Community has taken place following the imposition of measures on the product concerned, and that there appears to be insufficient due cause or justifi- cation 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 polyethylene terephtha- late (PET) film originating in India via Brazil and via Israel. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on the product concerned are being undermined in terms of quantities and prices. Significant volumes of imports of PET film from Brazil and Israel appear to have replaced imports of the product concerned originating in India. Finally, the request contains sufficient prima facie evidence that the prices of PET film are dumped in rela- tion to the normal value previously established for the product concerned. Should circumvention practices covered by Article 13 of the basic Regulation, other than transhipment, be identi- fied in the course of the investigation, the investigation may cover these practices also. E. 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 Regulation and to make imports of PET film consigned from Brazil and from Israel, whether declared as origin- ating in Brazil or Israel or not, subject to registration, in accordance with Article 14(5) of the basic Regulation.