7. 3. 91 Official Journal of the European Communities No L 60/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 541/91 “of 4 March 1991 imposing a ' definitive anti-dumping duty on imports of barium chloride originating in the People’s Republic of China THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, ’ Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsi- dized imports from countries not members of the Euro- . pean Economic Community (*), and in particular Article 12 thereof, Having regard to the proposal from the Commission, submitted after consultation within the Advisory Committee as provided for in the above Regulation, Whereas : I. PROCEDURE A. Provisional measures (1) By Regulation (EEC) No 2402/89 the Commission imposed a provisional anti-dumping duty on imports of barium chloride originating in the People’s Republic of China and the German Democratic Republic (3. This duty was extended for a period not exceeding two months by Council Regulation (EEC) No 3555/89 (%). B. Subsequent procedure (2)  Following imposition of the provisional anti- dumping duty, the exporters of the product in question requested, and were granted, an opportu- nity to present their case. They also made written submissions. () OJ No L 209, 2. 8. 1988, p. 1. () OJ No L 227, 4. 8. 1989, p. 24. ) OJ No L 349, 30. 11. 1989, p. 1. 3 @ ) (6) The parties were afforded, and made use of, every possibility of exercising the rights provided for in Article 7 (4) of Regulation (EEC) No 2423/88. The Commission took into consideration all the views put forward before arriving at its final conclu- sions, which are endorsed by the Council. C. Situation concerning the territory of the former German Democratic Republic On 3 October 1990, the territory of the German Democratic Republic formally became part of the Federal Republic of Germany and, as a result, became an integral part of the Community. Since Regulation (EEC) No 2423/88 lays down provisions for protection against dumped or subsidized imports from countries not members of the Community, it follows that the anti-dumping proceeding concerning imports of barium chloride originating in the abovementioned territory no longer has any legal basis and is therefore without object. D. Product covered by the investigation and like products In Regulation (EEC) No 2402/89 the Commission drew a distinction between the Crystallized and anhydrous forms of barium chloride but further investigation after the imposition of the provisional duty has caused this distinction to be dropped. Examination of the physical characteristics of the two forms of the product shows that the differences are negligible. Their chemical formula is the same, apart form the presence of water molecules in the crystallized form, which can be changed to the other form simply by drying. The two forms even look similar : the colour is the same, the crystals are the size of grains of sand while the anhydrous product is a powder, and the packing is almost identical.