1.7.2004 Official Journal of the European Union L 2321 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 1208/2004 of 28 June 2004 extending the definitive anti-dumping measures imposed by Regulation (EC) No 119/97 on imports of certain ring-binder mechanisms originating in the People’s Republic of China to imports of the same product consigned from the Socialist Republic of Vietnam THE COUNCIL OF THE EUROPEAN UNION, 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 (the basic regulation) (), and in particular Articles 9 and 13 thereof, Having regard to the proposal submitted by the Commission after consulting the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Existing measures (1)  Pursuant to Regulation (EC) No 119/97 (3, (the original Regulation), the Council imposed definitive anti-dumping duties ranging from 32,5% to 39,4% on imports of certain ring-binder mechanisms (RBMs) originating in the People’s Republic of China. (2)  Following an investigation pursuant to Article 12 of Regulation (EC) No 384/96, the Council amended and increased the above duties through Regulation (EC) No 2100/2000 (the anti-absorption investigation). The amended definitive anti-dumping duties ranged from 51,2% to 78,8 %. (3)  In January 2002, pursuant to Article 11(2) of the basic Regulation, the Commission initiated a review of the () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 22, 24.1.1997, p. 1. Regulation as amended by Regulation (EC) No 2100/2000 (OJ L 250, 5.10.2000, p. 1). above anti-dumping measures (%) (the expiry review). This review is still ongoing. 1.2. Request (49 On 18 August 2003, the Commission received a request pursuant to Article 13(3) of the basic Regulation to investigate the alleged circumvention of the anti- dumping measures imposed on imports of certain RBMs originating in the People’s Republic of China. The request was submitted by SX Biirowaren and Ring- buchtechnik Handelsgesellschaft GmbH on behalf of producers representing a major proportion of the Community production of certain RBMs (the applicants). The request alleged that the anti-dumping measures in force on imports of certain RBMs originating in the People’s Republic of China were being circumvented by means of transhipment via Vietnam. (5)  The request further alleged that there was insufficient due cause or justification other than the imposition of anti- dumping measures for such change in the pattern of trade and that the remedial effects of the existing anti- dumping measures on imports of certain RBMs origi- nating in the People’s Republic of China were being undermined both in terms of quantity and price. Significant volumes of imports of certain RBMs from Vietnam appeared to have replaced imports of certain RBMs from the People’s Republic of China. In addition, there was sufficient evidence that this increase in imports was made at prices below the non-injurious price estab- lished in the investigation that led to the existing measures. (6)  Finally, the applicants alleged that the prices of certain RBMs consigned from Vietnam were dumped in relation to the normal value previously established for the product concerned. () O] C 21, 24.1.2002, p. 25.