Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No.9, 2013
Date of Issuance: March 1, 2013

 

 

The Ministry of Commerce released Announcement No.96 of 2004 on January 1, 2005, deciding to impose anti-dumping duties on imports of dispersion unshifted single-mode optical fiber originated in the USA, Japan and South Korea from January 1, 2005. On December 31, 2010, the Ministry of Commerce gave its final review ruling, deciding to continuously enforce anti-dumping measures against imports ofdispersion unshifted single-mode optical fiber originated in Japan and South Korea for 5 years as of January 1, 2011.

On behalf of the dispersion unshifted single-mode optical fiber industry of China, Yangtze Optical Fibre and Cable Company Ltd., Futong Group, Fujikura Fiber-Home Opto-Electronics Material Technology Co, Ltd., Hengtong Optic-electric Technology Co., Ltd., Zhongtian Technologies Fibre Optics Co., Ltd., Fasten Photonics Co., Ltd. and Chengdu SEI Optical Fiber Co., Ltd. submitted an application to the relevant investigation organ on January 5, 2012, indicating that LS Cable & System Ltd. and OPTOMAGIC increased their dumping margin of exports of dispersion unshifted single-mode optical fiber to China to an extent of exceeding the anti-dumping duty rate currently applicable to these two companies, and thereby requesting to conduct midterm review of dumping and dumping margin on anti-dumping measures of the aforesaid Korean companies involved.

The Ministry of Commerce reviewed the application according to law and considered that it matched the conditions to initiate an investigation. In accordance with the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, the Ministry of Commerce released on March 5, 2012, a case-filing announcement, deciding to conduct midterm review of dumping and dumping margin on anti-dumping measures applicable to imports of dispersion unshifted single-mode optical fiber produced by LS Cable & System Ltd. and OPTOMAGIC. The scope of such review investigation includes normal value, export price and dumping margin of dispersion imports of unshifted single-mode optical fiber produced by the aforesaid Korean companies involved. The product under investigation during such review investigation is same as that during the original anti-dumping investigation, namely dispersion unshifted single-mode optical fiber. The product is listed under HS code of 90011000 in the Customs Import and Export Tariff of the People’s Republic of China, excluding optical fibers, optical fiber bundles and cables of other models under such HS code.

Within the specified time, the aforesaid Korean companies involved filed with the Ministry of Commerce for response, submitted their answer sheets and supplementary answer sheets as required, and cooperated with on-site inspection.

During the review investigation period, upon the application of TAIHAN Fiberoptics Co., Ltd., the Ministry of Commerce released Announcement No.37 of 2012 through examination, deciding that TAIHAN Fiberoptics Co., Ltd. shall inherit the rights and obligations of OPTOMAGIC in anti-dumping measures against dispersion unshifted single-mode optical fiber.

Based on the results of review investigation of dumping and dumping margin of LS Cable & System Ltd. and TAIHAN Fiberoptics Co., Ltd., and in accordance with Article 50 of the Regulations of the People’s Republic of China on Anti-dumping and the Provisional Rules on Midterm Review of Dumping and Dumping Margin of the Ministry of Commerce, it is hereby to announced the relevant matters as follows:

I. Ruling

Through investigation, the Ministry of Commerce ruled that during the review investigation period, there is dumping of imports of dispersion unshifted single-mode optical fiber produced by LS Cable & System Ltd. and TAIHAN Fiberoptics Co., Ltd., and the dumping margin of LS Cable & System Ltd. was 9.1% and that of TAIHAN Fiberoptics Co., Ltd. was 7.9%.

II. Levy of Anti-dumping Duties

In accordance with the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce suggested to Customs Tariff Commission of the State Council to adjust anti-dumping duties. Customs Tariff Commission of the State Council decided to adjust anti-dumping duty rate applicable to imports of dispersion unshifted single-mode optical fiber produced by LS Cable & System Ltd. to be 9.1%, and adjust the same applicable to imports of dispersion unshifted single-mode optical fiber produced by TAIHAN Fiberoptics Co., Ltd. to be 7.9% as of March 5, 2013.

III. Method of Levying Anti-dumping Duties

As of March 5, 2013, importers shall pay corresponding anti-dumping duties to the Customs of the People’s Republic of China when importing dispersion unshifted single-mode optical fiber produced by LS Cable & System Ltd. and TAIHAN Fiberoptics Co., Ltd.. Anti-dumping duties shall be levied by means of ad valorem based on the dutiable value authorized by the Customs and the calculation formula is: anti-dumping duties = dutiable value (to be authorized by the Customs) × anti-dumping duty rate. Moreover, import VAT shall be levied by means of ad valorem based on the taxable value of dutiable value authorized by the Customs plus tariff and anti-dumping duties.

IV. Administrative Review and Administrative Litigation

In accordance with Article 53 of the Regulations of the People’s Republic of China on Anti-dumping, the interested parties may either apply for administrative review according to law, or lodge a lawsuit with a people’s court according to law.

V. This Announcement shall come into force as of March 5, 2013.

 

Ministry of Commerce of the People’s Republic of China
March 1, 2013