15

As regards the change in the pattern of trade between third countries and the EU, recitals 16 to 21 in the preamble to the regulation at issue read as follows: ‘(16) Due to the non-cooperation of any Thai company, the volume and value of Thai exports of the product concerned to the Community were determined on the basis of the information available, which in this case was statistical data collected by Member States and compiled by the Commission pursuant to Article 14(6) of the basic Regulation, and Eurostat data. … (17) Following the imposition of the anti-dumping measures imports of [hand pallet trucks and their essential parts] from Thailand increased from 7458 trucks in 2005 to 64 706 trucks in 2007 and decreased to 42 056 trucks during the [investigation period]. (18) With respect to China imports of [hand pallet trucks and their essential parts] to the EC increased from 240639 trucks in 2005 to 538 271 in 2007 and 584 786 during the [investigation period]. According to the available information, this increase is mainly attributed to increased exports of the sole Chinese exporting producer, which has the lowest anti-dumping duty rate. Indeed, Chinese exports from this particular party represent the overwhelming percentage of the increase of imports into the EC of [hand pallet trucks and their essential parts] from the PRC between 2005 and the end of the [investigation period]. (19) Account taken of the above situation, it is concluded that there was a change in the pattern of trade between the EC, the PRC and Thailand. Imports from the PRC continued to increase but this is directly attributed to the export performance of one of the Chinese exporting producers which cooperated with the original investigation and was attributed the lowest anti-dumping duty. On the other hand, imports from Thailand increased by 868% from 2005 to 2007 and stabilised during the [investigation period] to an increase of 564% with respect to 2005. (20) In sum, the trade pattern found, although showing persistence in exports from the PRC also shows a significant increase of exports from Thailand. The persistence or continued increase, albeit much smaller between 2007 and the [investigation period] than that found in the original investigation, of exports from the PRC, can be explained by noting that the overwhelming majority of the exports come from the Chinese company with the lowest anti-dumping duty rate. The pattern relating to Thailand, on the other hand, could only be explained as the result of actions aiming at the circumvention of measures. (21) The imports into the Community from Thailand started to rise during the period in which the Community conducted its original investigation. It is recalled that the authorities in Thailand as well as potential Thai producers/exporters were informed of the current investigation. However no evidence was received that could explain this significant increase nor in fact did any Thai company cooperate with the investigation by submitting the necessary questionnaire replies. In this respect it should be highlighted that, as mentioned in recital 7, information at the Commission’s disposal at the time of initiation seemed to suggest that there is a significant amount of assembly operations of [hand pallet trucks and their essential parts] in Thailand. On the other hand, no evidence was received to indicate that there was a genuine production of [hand pallet trucks and their essential parts] in Thailand. On the basis of the available information, it is therefore concluded that, in the absence of any other sufficient due cause or economic justification within the meaning of Article 13(1) of the basic Regulation, the change in the pattern of trade stemmed from the imposition of the anti-dumping duty on [hand pallet trucks and their essential parts] originating in the PRC.’