8.4.2004 Official Journal of the European Union L 104/99 COMMISSION REGULATION (EC) No 661/2004 of 7 April 2004 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Council Regulation (EC) No 769/2002 on imports of coumarin originating in the People's Republic of China by imports of coumarin consigned from India and from Thailand, whether declared as originating in India or Thailand 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 (') (the basic Regulation), and in particular Articles 13(3) and 14(5) thereof, After having consulted the Advisory Committee, Whereas: A. REQUEST The Commission has received a request, pursuant to Article 13(3) of the basic Regulation, to investigate the possible circumvention of the anti-dumping measures imposed on imports of coumarin originating in the People's Republic of China. The request was lodged on 24 February 2004 by the European Chemical Industry Council (CEFIC) on behalf of the sole producer representing 100 % of the Com- munity production of coumarin. B. PRODUCT The product concerned by the possible circumvention is coumarin, normally declared under CN code ex 29322100 (the product concerned) originating in the People's Republic of China. This CN code is given for information only. The product under investigation is coumarin consigned from India and from Thailand (the product under inves- tigation) normally declared under the same CN code as the product concerned originating in the People's Republic of China. (") 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). C. EXISTING MEASURES The measures currently in force and possibly being circumvented are anti-dumping measures imposed by Council Regulation (EC) No 769/2002 (3). D. GROUNDS The request contains sufficient prima facie evidence that the anti-dumping measures on imports of coumarin originating in the People's Republic of China are being circumvented by means of transhipment via India and via Thailand. The evidence available is as follows: The request shows that a significant change in the pattern of trade involving exports from the People's Republic of China, India and Thailand to the Community has taken place following the imposition of measures on imports of coumarin originating in the People's Republic of China, and that there appears to be insufficient due cause or justification 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 coumarin originating in the People's Republic of China via India and via Thailand. Furthermore, the request contains sufficient prima facie evidence that the remedial effects of the existing anti- dumping measures on imports of coumarin originating in the People's Republic of China are being undermined both in terms of quantity and price. Significant volumes of imports of the product concerned from India and Thailand appear to have replaced imports of coumarin originating in the People's Republic of China. In addi- tion, there is sufficient evidence that this increase in imports is made at prices well below the non-injurious price established in the investigation that led to the existing measures. Finally, the request contains sufficient prima facie evidence that the prices of the product under investiga- tion are dumped in relation to the normal value previously established for coumarin originating in the People's Republic of China. %) OJ L 123, 9.5.2002, p. 1. Regulation as last amended by Regulation p g Yy Reg (EC) No 1854/2003 (OJ L 272, 23.10.2003, p. 1).