6.4.2004 Official Journal of the European Union L 100/45 COMMISSION DECISION of 5 April 2004 terminating the investigation into the alleged circumvention of anti-dumping measures imposed by Council Regulation (EC) No 2320/97, as last amended by Council Regulation (EC) No 235/2004, on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and of anti-dumping measures imposed by Council Regulation (EC) No 348/2000, as last amended by Council Regulation (EC) No 1515/2002 on imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Ukraine by wrong declaration of imports of the same product and by imports of certain seamless pipes and tubes of alloy steel, other than stainless steel, originating in Russia and Ukraine and terminating the registration of such imports imposed by Commission Regulation (EC) No 1264/2003 (2004/316/EC) 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 (!), as last amended by Regulation (EC) No 461/2004 (3, and in particular Article 9 thereof, After consulting the Advisory Committee, Whereas: A. PROCEDURE 1. Existing measures (1) By Council Regulation (EC) No 2320/97 (), as last ( ( ( ( ( ( 1 2 3 4 5 6 ) O ) O] ) O] ) O] ) O] ) O] amended by Council Regulation (EC) No 235/2004( (), and by Regulation (EC) No 348/2000 (), as last amended by Regulation (EC) No 1515/2002 (%), (the original Regulations), the Council imposed definitive anti-dumping duties of 26,8 % on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Russia and of 38,5% on imports of certain seamless pipes and tubes of iron or non-alloy steel originating, inter alia, in Ukraine. 56, 6.3.1996, p. 1. 77,13.3.2004, p. 12. 322, 25.11.1997, p. 1. 40, 12.2.2004, p. 11. L 45, 17.2.2000, p. 1. L 228, 24.8.2002, p. 8. L L L L ) ( ( ( ) ) ) On 23 November 2002, the Commission initiated an interim and expiry review of the abovementioned measures concerning imports from Russia () pursuant to Articles 11(2) and 11(3) of Regulation (EC) No 384/96 (the basic Regulation) and an interim review of the abovementioned measures concerning imports from Ukraine () pursuant to Article 11(3) of the basic Regu- lation. These investigations are still ongoing. 2. Request On 2 June 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 seam- less pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine. The request was submitted by the Defence Committee of the Seamless Steel Tube Industry of the European Union (the Applicant) on behalf of producers representing a major proportion, ie. over 50 % of the Community production of certain seamless pipes and tubes of iron or non-alloy steel. The request contained sufficient prima facie evidence that there had been a significant change in the pattern of trade, as imports of certain seamless pipes and tubes of iron or non-alloy steel originating in Russia and Ukraine have decreased substantially following the imposition of measures on the products concerned, while certain seamless pipes and tubes of alloy steel, other than stain- less steel, declared under Combined Nomenclature (°) (CN) codes 7304 59 91 and 7304 59 93 and originating in Russia and Ukraine had increased during the same time span. 88,23.11.2002, p. 2. 0jC2 0] C 288, 23.11.2002, p. 11. OJL2 90, 28.10.2002, p. 1.