No L 227/24 Official Journal of the European Communities 4. 8. 89 COMMISSION REGULATION (EEC) No 2402/89 of 31 July 1989 imposing a provisional anti-dumping duty on imports of barium chloride originating in the People’s Republic of China or the German Democratic Republic THE COMMISSION OF THE EUROPEAN COMMUNITIES, European  Communities(®) the Commission Having regard to the Treaty establishing the European. Economic Community, Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1986 on protection against or subsidized imports from: countries not members. of the European Economic Community ('), and -in particular Article 11 thereof, After consultation with the Advisory Committee as provided for in the above Regulation, Whereas : @ @ @) ) A. PROCEDURE In November 1988 the Commission received a complaint from the European Council of Chemical Manufacturers’ Federations (ECCMF), on behalf of European producers representing almost all Community production of barium chloride. The complaint concerned - imports of that product originating in the People’s Republic of China and the German Democratic Republic. An earlier complaint concerning the same product was received in 1982 and resulted in the imposition of definitive anti-dumping measures (see Council Regulation (EEC) No 2370/83 (3). Although this case does formally constitute a new" complaint, the situation is essentially comparable to that covered by Article 15 of Regulation (EEC) No 2423/88. The measures imposed in 1983 remained in force until 21 August 1988, ie. dumping almost eight months of the period of investigation, which ran from 1 January to 30 November 1988. The complaint received in 1988 contained evidence sufficient to justify the initiation of an investi- gation. The evidence concerned the persistence of dumping and the resultins injury, despite the measures imposed under Regulation (EEC) No 2370/83 mentioned above, and the existence of a real threat of injury once the measures expire. In a notice published in the Official Journal of the () OJ No L 209, 2. 8. 1988, p. 1. () O No L 228, 20. 8. 1983, p. 28. ) (6) ® ®) (10) accordingly announced . the initiation of an anti-dumping . proceeding - concerning barium chloride in crystallized and/or anhydrous form, CN code 2827 38 00 (Nimexe 28.30-20). The  Commission gave official - notice of - the initiation of the proceeding to the exporters and importers known to be concerned and to the complainant, and - gave the - parties directly concerned an opportunity to make known their views in. writing. All the exporters and a large number of the known importers made their views known in writing. No comments were received either from consumers or processors, or from associations representing their interests. The Commission sought and verified all the information it deemed necessary for the purposes of a preliminary determination of dumping and- injury resulting therefrom. It carried out inspections at the premises of all the. Community producers behind the complaint. While the company with sole marketing rights to- the production of the main European producer was involved in gathering the material contained in the complaint, it subsequently refused to cooperate in the Commission’s” investigation. The Commission therefore worked from the information at its disposal to calculate the missing-elements, such as Community producers’ selling prices and weighted average costs. B.. NORMAL VALUE Since the countries referred to in the complaint are not market economy countries, the Commission used the price at which a like product is sold in a third country to:determine the normal value, in- accordance with Article 3 (5) of Regulation (EEC) No 2423/88.-The chosen country was the United- States, which was also chosen in the first investi- gation in 1983. The choice is also in line with the complainants’ suggestion. () OJ No C 308, 3. 12. 1988, p. 7.