L 12212 Official Journal of the European Union 11.5.2011 COUNCIL IMPLEMENTING REGULATION (EU) No 444/2011 of 5 May 2011 extending the definitive anti-dumping duty imposed by Regulation (EC) No 599/2009 on imports of biodiesel originating in the United States of America to imports of biodiesel consigned from Canada, whether declared as originating in Canada or not, and extending the definitive anti- dumping duty imposed by Regulation (EC) No 599/2009 to imports of biodiesel in a blend containing by weight 20 % or less of biodiesel originating in the United States of America, and terminating the investigation in respect of imports consigned from Singapore THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (') (the basic Regulation), and in particular Article 13(3) thereof, Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Existing measures The Commission, by Regulation (EC) No 193/2009 (?) imposed a provisional anti-dumping duty on imports of biodiesel originating in the United States of America (USA). By Regulation (EC) No 599/2009 (°) (the definitive Regu- lation), the Council imposed a definitive anti-dumping duty ranging from EURO to EUR 198 per tonne on imports of biodiesel, as defined in Article 1(1) of the said Regulation (the product concerned) originating in the USA (the existing measures). The investigation leading to the adoption of the definitive Regulation is hereafter referred to as ‘the original investigation'. It should also be noted that by Regulation (EC) No 598/2009 (¥, the Council imposed a definitive counter- vailing duty ranging from EUR 211,2 to EUR 237 per tonne on imports of the product concerned. 1.2. Request On 30 June 2010, the Commission 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 the product 343, 22.12.2009, p. 51. 67, 12.3.2009, p. 22. () O] L () O] L () OJ L 179, 10.7.2009, p. 26. () O L 179, 10.7.2009, p. 1. (10) concerned. The request was submitted by the European Biodiesel Board (EBB) on behalf of the Union producers of biodiesel. The request alleged that the anti-dumping measures on imports of the product concerned were being circum- vented by means of transhipment via Canada and Singapore and by exports of biodiesel in a blend containing by weight 20 % or less of biodiesel. The request alleged that a significant change in pattern of trade involving exports from the USA, Canada and Singapore has taken place following the imposition of measures on the product concerned, and that there is insufficient due cause or justification other than the imposition of the duty for this change. This change in pattern of trade stemmed allegedly from the trans- hipment of the product concerned via Canada and Singapore. The request further alleged that following the imposition of the measures, exports of biodiesel in blends containing 20 % or less of biodiesel from the USA had begun to arrive in the Union, allegedly taking advantage of the biodiesel content threshold set in the description of the product concerned. Furthermore, the request alleged that the remedial effects of the existing anti-dumping measures on the product concerned were being undermined both in terms of quantity and price. It was alleged that significant volumes of imports of biodiesel in pure form or in a blend containing by weight more than 20 % of biodiesel from Canada and Singapore and of biodiesel in blends containing 20 % or less of biodiesel, appeared to have replaced imports of the product concerned. In addition, there was sufficient evidence that this increased volume of imports were made at prices well below the non- injurious price established in the investigation that led to the existing measures. Finally, the request alleged that the prices of the product concerned continued to be subsidised as previously estab- lished. 1.3. Initiation Having determined, after consulting the Advisory Committee, that sufficient prima facie evidence existed for the initiation of an investigation pursuant to Article 13 of the basic Regulation, the Commission initiated an investigation by Regulation (EU) No 720/2010 (%) (the initiation Regulation). Pursuant to () O] L 211, 12.8.2010, p. 1.