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MOFCOM announcement No 33 of 2014 on preliminary ruling of anti-dumping case of single-mode optical fibers

Updated: May 19,2014 11:48 AM     english.mofcom.gov.cn

On June 18, 2013, Jiangsu Fasten Photonics Co Ltd, FiberHome Fujikura Optic Technology Co Ltd, Futong Group, Jiangsu Hengtong Photoelectric Stock Co Ltd, Chengdu SEI Optical Fiber Co Ltd, Zhongtian Technology Fiber Optic Co Ltd and Jiangsu Tongding Optic-electronic Stock Co Ltd, on behalf of domestic single-mode optical fibers industry of China, submitted a written petition for anti-dumping investigation against imports of single-mode optical fibers originated in India (hereinafter referred to as the “Product under Investigation”) . 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 (MOFCOM Announcement No 54 of 2013), deciding to initiate anti-dumping investigations against imports of single-mode optical fibers originated in India.

The Investigation Authority has implemented investigations into the existence of dumping and dumping margin and the injuries to the single-mode optical fibers industry of China by the Product under Investigation, the extent thereof and the causality between dumping and injuries. According to findings of the investigations and Article 24 of the Anti-dumping Regulations, the Investigation Authority makes its preliminary ruling (See the Annex). Relevant matters are hereby announced as follows:

I. Preliminary ruling

It is preliminarily ruled by the Investigation Authority that, during the investigation period of this case, imports of single-mode optical fibers originated in India were involved in dumping and the single-mode optical fibers industry of China faced threat of material injury, and there was causality between the dumping and threat of material injury.

II Collection of security deposit

In accordance with Articles 28 and 29 of the Anti-dumping Regulations, the Investigation Authority decided to carry out a provisional anti-dumping measure by collection of security deposit. Since May 14, 2014, the import operators, when importing single-mode optical fibers originated in India, shall pay corresponding security deposit to the Customs of the People’s Republic of China in light of dumping margin determined by this preliminary ruling.

The product involved is included under a tariff number: 90011000 in the 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 product under investigation are not covered in the range of investigation. The specific description is as follows:

Scope of investigation: Imports of single-mode optical fibers originated in India

Name of the 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 a 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 fiber features high transmission rate, long transmission distance and large transmission capacity.

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

Rates of security deposit imposed on companies are as follows:

1. STERLITETECHNOLOGIES LIMITED 13.7%

2. Birla Furukawa Fibre Optics Limited 19.2%

3. Corning Technologies India Private Limited 47%

4. Companies that did not cooperate in the investigation

(1) AKSH OPTIFIBRE LIMITED 51%

(2) Finolex Cables Limited 51%

5. All others 47%

III. Methods of security deposit collection

As of May 14, 2014, import operators shall, according to the dumping margin of each company as determined in this preliminary ruling, pay relevant deposit to the Customs of the People’s Republic of China when importing single-mode optical fibers originated in India. The deposit shall be levied by means of ad valorem on the basis of dutiable value authorized by the Customs, and the calculation formula is: Deposit = (dutiable value authorized by the Customs x rate of deposit) x (1 + rate of import value-added tax).

IV. Comments

All interested parties may, within 20 days as of the issuance of this Announcement, submit their written comments attached with relevant evidence to the Investigation Authority which will consider the same according to the law.

Ministry of Commerce of the People’s Republic of China

May 13, 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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