MOFCOM Announcement No. 56 of 2014 on Final Ruling on the Anti-dumping Investigation against Imports of Single-mode Optical Fibers Originated in India

September 10, 2014 - 09:59 BJT (16:59 GMT)   MOFCOM

In accordance with the provisions of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as the “Anti-dumping Regulations”), on August 14, 2013, the Ministry of Commerce (hereinafter referred to as the "Investigation Authority") issued a case-filing announcement (Announcement No. 54 of 2013), deciding to carry out anti-dumping investigation against imports of single-mode optical fibers originated in India (hereinafter referred to as the "Product under Investigation"), which is listed under tariff code: 90011000 in the Customs Import and Export Tariff of the People’s Republic of China. Other types of optical fibers, fiber-optic bundles and optical cables that do not comply with the description of the products under investigation are not covered in the investigation.

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic industry of single-mode optical fibers caused by the Product under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on May 13, 2014, an announcement on the preliminary ruling, preliminarily affirming that there was dumping of the Product under Investigation and the domestic industry of single-mode optical fiber of China was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (See the Annex) according to the provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigation Authority made a final ruling that during the investigation period of this case, there was dumping of imports of single-mode optical fibers originated in India, and China's domestic industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Scope of Product under Investigation and Measures

Details of the Product under Investigation and measures of the case are as follows:
Scope of investigation and measures: Imports of single-mode optical fibers originated in India
Name of Product under Investigation: Single-mode Optical Fiber.
Detailed description: Single-mode optical fiber is a kind of optical fiber that only transmits a single mode of light signal within certain range of band. The core diameter of single-mode optical fiber is within the range of 4 to 12μm; the cladding diameter is about 125μm and the diameter of the coating layer is about 245μm. Single-mode optical fibers feature high transmission rate, long transmission distance and large transmission capacity.

Main usage: Single-mode optical fibers are mainly applicable for various optical cable structures including optical fiber ribbon cables, loose jacket layer stranding optical cables, slotted core optical cable, central loose tube armored optical cables, tightly cladded optical cables, rubber covered optical cables and disc optical cables. Single-mode optical fibers are mainly used for transmission of high speed, long distance and access networks, and are mainly used in long distance artery lines, metropolitan area networks, cable TV, optical fiber access networks (e.g. FTTH) etc..

III. Levy of Anti-dumping Duties

The Investigation Authority, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties against imports of single-mode optical fibers originated in India to the Customs Tariff Commission of the State Council, which then decided, as of August 14, 2014, to impose anti-dumping duties on imports of single-mode optical fibers originated in India.

Rates of anti-dumping duties against companies are as follows: 
1. For companies that cooperated with investigations:
(1) Sterlite Technologies Limited 7.4%
(2) Birla Furukawa Fibre Optics Limited 11.4%
(3) Corning Technologies India Private Limited 24.5%
2. For companies that go contrary:
(1) Aksh Optifibre Limited 30.6%
(2) Finolex Cables Limited 30.6%
3. All others 
24.5%
IV. Methods of Levying Anti-dumping Duties

As of August 14, 2014, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing single-mode optical fibers originated in India. The anti-dumping duties shall be levied by means of ad valorem on the basis of dutiable value authorized by China Customs, and the formula is: Anti-dumping duties = dutiable value authorized by China Customs x rate of anti-dumping duties. The import value-added tax shall be levied by means of ad valorem with the dutiable value authorized by China Customs plus the tariff and anti-dumping duties as the taxable value.

V. Retrospective Collection of Anti-dumping Duties

Deposits provided by relevant importers to Customs of the People’s Republic of China from May 14, 2014 to August 13, 2014 according to the announcement on the preliminary ruling, shall be transferred on the basis of the scope of commodities taxable and the rate of anti-dumping duties determined by the final ruling to anti-dumping duties, and the import value-added tax shall also be levied according to relevant rate of value-added tax. Any excess of the deposits provided by importers during this period over the anti-dumping duties and the corresponding import value-added tax will be refunded by the Customs, and the short-levied duties will not be levied.

VI. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of single-mode optical fibers originated in India shall be 5 years starting from August 14, 2014.

VII. New Exporter Review

Any new exporter in India that does not export the Product under Investigation to the People’s Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to provisions of Article 47 of the Anti-dumping Regulations.

VIII. Interim Review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigating Authority for an interim review in light of provisions of Article 49 of the Anti-dumping Regulations.

IX. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to provisions of Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people's court according to law.

X. This Announcement shall come into force as of August 14, 2014.

Annex: Final Ruling of the Ministry of Commerce of the People's Republic of China on Anti-dumping Investigations Against Imports of Single-mode Optical Fibers Originated in India.docx

Ministry of Commerce of the People’s Republic of China

August 13, 2014

Translated by Hou Zuowei

(All information published in this website is authentic in Chinese. English is provided for reference only. )