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MOFCOM announcement No 17 of 2014 on case-filing for anti-dumping investigation against imports of optical fiber preform originated in Japan and US

Updated: Mar 21,2014 11:44 AM     english.mofcom.gov.cn

Issued by: Ministry of Commerce of the People’s Republic of China

Announcement No 17, 2014

Date of Issuance: March 19, 2014

The Ministry of Commerce of the People’s Republic of China (hereinafter referred to as “the Ministry of Commerce”) received, on January 22, 2014, the written petition for anti-dumping investigation formally submitted by Yangtze Optical Fibre and Cable Company Ltd, Jiangsu Hengtong Photoelectric Stock Ltd and Futong Group Co Ltd (hereinafter referred to as “the Petitioners”) on behalf of domestic optical fiber preform, in which the Petitioners requested an anti-dumping investigation to be carried out against imports of optical fiber preform originated in Japan and the US.

In accordance with relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce conducted an examination on qualification of the Petitioners, relevant conditions of imported products, similar products in China, impact on the domestic industry of the imported products and countries involved. The Ministry of Commerce also reviewed the evidence of dumping, injury and the causal link between dumping and injury provided in the petition. The evidence initially provided by the Petitioners suggests that, the total output of optical fiber preform of the Petitioners and Jiangsu Fasten Photonics Co Ltd, Fiberhome Telecommunication Technologies Co Ltd, Zhongtian Technology Precision Materials Co Ltd, which support the petition, in 2010, 2011, 2012 and 2013 accounted for more than 50% of the total output of similar products in China, which complies with the requirements of Articles 11, 13 and 17 of the Regulations of the People’s Republic of China on Anti-dumping on petitioning for anti-dumping investigation by domestic industry. Meanwhile, the petition contains the contents and related evidence required for anti-dumping investigation as stipulated in Articles 14 and 15 of the Regulations of the People’s Republic of China on Anti-dumping.

In accordance with the examination results above and the provisions of Article 16 of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce decided to initiate an anti-dumping investigation against imports of optical fiber preform originated in Japan and the US as of March 19, 2014. Relevant matters are now hereby announced as follows:

I. Filing for Investigation and Period of Investigation

As of the date of issuance of this Announcement, the Ministry of Commerce performs anti-dumping investigations against imports of optical fiber preform originated in Japan and the US, the period of which determined for this investigation is from January 1, 2013 to December 31, 2013, and that of industry injury investigation is from January 1, 2010 to December 31, 2013.   

II. Products under Investigation and Scope of Investigation

Scope of investigation: Imports of optical fiber preform originated in Japan and the US

Name of products under investigation: 光纤预制棒; or Optical Fiber Preform or Fiber Preform in English

Detailed description: Optical fiber preform is a kind of quartz glass with specific refractive index of section that is used to manufacture photoconductive fibers (optical fibers).

Main usage: It is mainly used to manufacture photoconductive fibers (optical fibers). The optical fibers manufactured are used for optical signal transmission of various optical fiber cable structures.

The product is included under tariff number of 70022010 in the Customs Import and Export Tariff of the People’s Republic of China.

III. Registration for Responding

For the purpose of anti-dumping investigation, any interested party may, within 20 days from the release of this Announcement, register with the Bureau of Fair Trade for Imports and Exports of MOFCOM for responding, and exporters or manufacturers registered for responding shall provide to the Ministry of Commerce the volume and value of products under investigation exported to China from January 1, 2013 to December 31, 2013. The Reference Format for Responding to Anti-dumping Investigation is available for downloading from the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports, the sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn).

For the purpose of industry injury investigation, any interested party may, within 20 days from the release of this Announcement, register with the Bureau of Industry Injury Investigation of MOFCOM for responding, and shall provide the Ministry of Commerce with its production capacity, output, inventory, plans for construction and expansion as well as the volume and value of the products under investigation exported to China. The Application Form for Participation in Industry Injury Investigation Against Anti-dumping of Optical Fiber Preform is available for downloading from the Column Cases and Measures — Import Investigation — Work Information — Registration for Responding on the website of China Trade Remedy Information (http://www.cacs.gov.cn).

IV. Rights of Interested Parties

Any interested party may access to non-confidential text of the petition submitted by the Petitioners from the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports of MOFCOM, the sub web of the Ministry of Commerce, or in the reading room of Anti-dumping Public Information Office (Tel: 86-10-65197878).

Any interested party may submit its written comments to the Ministry of Commerce within the registration period if it has objections to the coverage of this investigation, qualification of the Petitioners, countries under investigation and other related issues.

V. Methods of Investigation

Investigation authorities may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain and investigate information from interested parties.

Relevant information to the investigation of industry injury concerning this case is available on the website of China Trade Remedy Information

VI. Questionnaire

(i) Questionnaire on Dumping of Optical Fiber Preform in the Anti-dumping Case

Within 10 business days upon expiration of the registered response specified in this Announcement, the Ministry of Commerce will distribute the Questionnaire to the registered responding companies and other companies listed in the petition. The Questionnaire consists of such matters as organization and operation of the company, products under investigation, export sales to China (Mainland), domestic (regional) sales, export sales to other countries (regions) other than China (Mainland), production cost and relevant expenses, estimated dumping margin, the checklist and other contents. The Questionnaire on Dumping of Optical Fiber Preform in the Anti-dumping Case will then be available in the Column “Trend of Case” on the website of the Bureau of Fair Trade for Imports and Exports, the sub web of the Ministry of Commerce (http://gpj.mofcom.gov.cn). Other companies that are not registered for the response may directly download or ask the Ministry of Commerce for the Questionnaire and then complete and submit it as required.

All the above mentioned companies shall submit their answers to the Questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information required by the Questionnaire and shall be returned to the Ministry of Commerce within 37 days as of distribution of the Questionnaire. Responding companies showing that they cannot complete the Questionnaire by the expiry date with just causes shall, seven days prior to the deadline of submitting the answers, submit a written application to the Ministry of Commerce for an extension stating the request of extension and reasons therefor.

For responding companies that fail to submit their answers or fail to submit complete and accurate answers as required within the specified period of time, or refuse the Ministry of Commerce to verify the information provided by them, or seriously impede the investigation in other ways, the Ministry of Commerce may make a decision based on obtained facts and best available information in accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping.  

(ii) Questionnaire on Industry Injuries in the Anti-dumping Case Against Optical Fiber Preform.

Relevant notices on the Questionnaire on industry injuries are available on the website of China Trade Remedy Information.

VII. Starting from March 19, 2014, the investigation shall be completed by March 19, 2015 in normal circumstances, and may be extended to September 19, 2015 in special circumstances.

VIII. Address of the Ministry of Commerce

No. 2 Dong Chang’an Avenue, Beijing Zip code: 100731

Bureau of Fair Trade for Imports and Exports of MOFCOM

Tel: 86-10-65198196, 65198747

Fax: 86-10-65198164

Bureau of Industry Injury Investigation of MOFCOM

Tel: 86-10-65198184, 65198070

Fax: 86-10-65197583

Annexes: Form for Responding to Anti-dumping Investigation Against Optical Fiber Preform.doc

Application Form for Participation in Industry Injury Investigation Against Anti-dumping of Optical Fiber Preform (Open Text).pdf

Attachments to Application Form for Participation in Industry Investigation Against Anti-dumping of Optical Fiber Preform (Open Text).pdf

Ministry of Commerce of the People’s Republic of China

March 19, 2014

Translated by Hou Zuowei

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

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