1.12.2004 Official Journal of the European Union L 355/9 COUNCIL REGULATION (EC) No 2053/2004 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 Sri Lanka, whether declared as originating in Sri Lanka or not 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 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, the Council imposed by Regulation (EC) No 964/2003 () (the original Regu- lation), 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 93 11 99), ex 7307 93 19 (TARIC code 7307 9319 99), 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. Request On 20 January 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 tube or pipe (") 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 (O] L 275, 25.8.2004, p. 1). fittings originating in the PRC. The request was submitted by the Defence Committee of the Steel Butt-Welding Fittings Industry of the European Union on behalf of four Community producers. 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 tube or pipe fittings originating in the PRC, as shown by a significant increase in imports of the same product from Sri Lanka. This change in the pattern of trade was alleged to stem from the transhipment of tube or pipe fittings originating in the PRC via Sri Lanka. It was further alleged that there was insufficient due cause or economic justification for these practices other than the existence of the anti- dumping duties on tube or pipe fittings originating in the PRC. Finally, the applicant alleged that the remedial effects of the existing anti-dumping duties on 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. 3. Initiation The Commission, by Regulation (EC) No 395/2004 (%) (the initiating Regulation) initiated an investigation into the alleged circumvention of the anti-dumping measures imposed on imports of tube or pipe fittings originating in the PRC by imports of tube or pipe fittings consigned from Sri Lanka, whether declared as originating in Sri Lanka or not and pursuant to Articles 13(3) and 14(5) of the basic Regulation, directed the customs authorities to register imports of tube or pipe fittings consigned from Sri Lanka, whether declared as originating in Sri Lanka or not, under CN codes ex 7307 93 11 (TARIC code 7307 931194), ex7307 9319 (TARIC code 7307 93 19 94), ex 7307 99 30 (TARIC code 730799 3094) and ex 73079990 (TARIC code 7307 999094) as from 4 March 2004. The Commission advised the authorities of the PRC and Sri Lanka of the initiation of the investigation. () O] L 65, 3.3.2004, p. 7.