11.5.2011 Official Journal of the European Union L 1221 II (Non-legislative acts) REGULATIONS COUNCIL IMPLEMENTING REGULATION (EU) No 443/2011 of 5 May 2011 extending the definitive countervailing duty imposed by Regulation (EC) No 598/2009 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 countervailing duty imposed by Regulation (EC) No 598/2009 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 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (') (‘the basic Regulation’), and in particular Article 23(4) thereof, Having regard to the proposal submitted by the European Commission after having consulted the Advisory Committee, Whereas: 1. PROCEDURE 1.1. Existing measures (1)  The Commission, by Regulation (EC) No 194/2009 (?) imposed a provisional countervailing duty on imports of biodiesel originating in the United States of America(USA’). (2) By Regulation (EC) No 598/2009 (%) (the ‘definitive Regu- lation’), the Council imposed a definitive countervailing duty ranging from EUR 211,2 to EUR 237 per tonne on imports of biodiesel, as defined in Article 1(1) of the said 0] L 188, 18.7.2009, p. 93. () O] L 67, 12.3.2009, p. 50. () OJ L 179, 10.7.2009, p. 1. 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'. (3) It should also be noted that by Regulation (EC) No 599/2009 (#), the Council imposed a definitive anti- dumping duty ranging from EUR 0 to EUR 198 per tonne on imports of the product concerned. 1.2. Request 4 On 30 June 2010, the Commission received a request pursuant to Article 23(4) of the basic Regulation to investigate the possible circumvention of the counter- vailing measures imposed on imports of the product concerned. The request was submitted by the European Biodiesel Board (‘EBB’) on behalf of the Union producers of biodiesel. (5)  The request alleged that the countervailing 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. (6)  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. () OJ L 179, 10.7.2009, p. 26.