L 396/18 Official Journal of the European Union 31.12.2004 COUNCIL REGULATION (EC) No 2272/2004 of 22 December 2004 extending the definitive anti-dumping duty imposed by Regulation (EC) No 769/2002 on imports of coumarin originating in the People’s Republic of China to imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 38496 of 22 December 1995 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 Commission after consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures Following an expiry review, by Regulation (EC) No 769/2002 (3) (the original Regulation’) the Council imposed a definitive anti-dumping duty of EUR 3 479 per tonne on imports of coumarin, falling within CN code €x29322100 originating in the People’s Republic of China (PRC). 2. Request On 24 February 2004, 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 coumarin originating in the PRC (the request). The request was submitted by the European Chemical Industry Council (CEFIC) (the applicant’) on behalf of the sole producer in the Community. () OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (O] L 77, 13.3.2004, p. 12). () OJ L 123, 9.5.2002, p. 1. Regulation as last amended by Regulation (EC) No 1854/2003 (O] L 272, 23.10.2003, p. 1). () The request alleged that there had been a change in the pattern of trade following the imposition of the anti- dumping measures on imports of coumarin originating in the PRC, as shown by a significant increase in imports of the same product from India and Thailand. This change in the pattern of trade was alleged to stem from the transhipment of coumarin originating in the PRC via India and Thailand. It was further alleged that there was insufficient due cause or economic justification for these practices other than the existence of the anti- dumping measures on imports of coumarin originating in the PRC. Finally, the applicant alleged that the remedial effects of the existing anti-dumping measures on coumarin origi- nating in the PRC were being undermined both in terms of quantities and prices. Significant volumes of imports of coumarin from India and Thailand appeared to have replaced imports of coumarin from the PRC. In addition, there was sufficient evidence that the increase in imports was made at prices well below the non-injurious price established in the investigation that led to the existing measures, and that dumping was taking place in relation to the normal values previously established for coumarin originating in the PRC. 3. Initiation The Commission initiated an investigation by Regulation (EC) No 661/2004 (°) (the initiating Regulation’) into the alleged circumvention of the anti-dumping measures imposed on imports of coumarin originating in the PRC by imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not and, pursuant to Articles 13(3) and 14(5) of the basic Regulation, directed the customs authorities to register imports of coumarin consigned from India or Thailand, whether declared as originating in India or Thailand or not, falling within CN code ex 293221 00 (TARIC codes 2932210011 and 29322100 15), as from 9 April 2004. The Commission advised the authorities of the PRC, India and Thailand of the initiation of the investigation. () O] L 104, 8.4.2004, p. 99.