L 355/4 Official Journal of the European Union 1.12.2004 COUNCIL REGULATION (EC) No 2052/2004 of 22 November 2004 extending the definitive anti-dumping duty imposed by Regulation (EC) No 964/2003 on imports of tube or pipe fittings, of iron or steel, originating in the People’s Republic of China to imports of tube or pipe fittings, of iron or steel, consigned from Indonesia, whether declared as originating in Indonesia 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 964/2003 (3 (the original Regulation), the Council imposed, inter alia, definitive anti-dumping duties of 58,6 % on imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, falling within CN codes ex 7307 93 11 (TARIC code 7307 9311 99), ex 7307 9319 (TARIC code 7307 9319 99), () 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 139, 6.6.2003, p. 1. Regulation as last amended by Regulation (EC) No 1496/2004(0] L 275, 25.8.2004, p. 3). ex 7307 99 30 (TARIC code 730799 3098) and ex 7307 99 90 (TARIC code 7307 99 90 98) and origi- nating in the People’s Republic of China (PRC). 2. Initiation The Commission had at its disposal sufficient prima facie evidence that the anti-dumping measures on imports of certain tube or pipe fittings originating in the PRC were being circumvented by means of transhipment and incorrect declaration of origin via Indonesia. Sufficient evidence for the opening of the proceeding concerning Indonesia could only be obtained by the Commission, by an inquiry with the customs authorities of a Member State, which showed that the goods were not originating in Indonesia. Therefore, the Commission decided to initiate on its own initiative an investigation according to Article 13 of the basic Regulation. Pursuant to some investigations carried out during 2003 by the customs authorities of one Member State, prima facie evidence was obtained, which showed in particular that regarding imports into that Member State, practices had been detected of shipments declared as originating in Indonesia, which had in fact been shipped and origi- nating from the PRC. According to Eurostat data, imports declared as originating from Indonesia into this Member State represented two thirds of imports declared as originating in Indonesia into the Community during 2003. The significant increase of imports, following the imposition of the anti-dumping measures on imports of tube or pipe fittings originating in the PRC appeared to constitute a change in the pattern of trade, for which there was insufficient due cause or economic justification other than the existence of the anti-dumping duties on tube or pipe fittings originating in the PRC. Finally, it appeared that the remedial effects of the existing anti-dumping duties on imports of tube or pipe fittings originating in the PRC were being undermined both in terms of quantities and prices and that dumping was taking place in relation to the normal values previously established for the tube or pipe fittings originating in the PRC.