On August 19, 2015, the Ministry of Commerce of the People’s Republic of China (the “MOFCOM”) issued Announcement No.25 of 2015, deciding to levy anti-dumping duties on imports of optical fiber preform originating in Japan and the United States for two years.
On August 18, 2017, the MOFCOM issued Announcement No.35 of 2017 as applied by the industry of domestic optical fiber preform, deciding to conduct expiry review investigations into the anti-dumping measures on imports of optical fiber preform originating in Japan and the United States from August 19, 2017.
The investigation authority conducted investigation into the possibility of continuation or reoccurrence of dumping of the imports of optical fiber preform originating in Japan and the United States and injury to the industry of optical fiber preform in China in case of terminating the anti-dumping measures. The investigation authority made a ruling on the review (See the Annex) in accordance with Article 48 of the Anti-dumping Regulations of the People’s Republic of China (the “Anti-dumping Regulations”).Relevant matters are hereby announced as follows:
I. Ruling
The investigation authority ruled that dumping of imports of optical fiber preform originating in Japan and the United States to China may continue or reoccur, and the injury to the industry in China may continue or reoccur if the anti-dumping measures were terminated.
II. Anti-dumping Measures
Pursuant to Article 50 of the Anti-dumping Regulations, the investigation authority proposed to continue the anti-dumping measures to the Customs Tariff Commission of the State Council according to the findings of the investigation. The Customs Tariff Commission of the State Council decides according to the suggestions of the investigation authority to levy anti-dumping duty on imports of optical fiber preform originating in Japan and the United States for five years since July 11, 2018.
The description of the products subject to the anti-dumping duties and rate are the same as set out in MOFCOM Announcement No.25 of 2015.Products subject to the anti-dumping duties in this case are described as follows:
Name of product concerned in Chinese: 光纤预制棒
Names in English: Optical Fiber Preform or Fiber Preform
Description: An optical fiber preform is a quartz glass rod having a specific refractive index profile and being used to fabricate an optical fiber (abbreviated as an optical fiber).
Main purpose: It is mainly used for manufacturing optical fibers. The manufactured optical fiber is used for optical signal transmission of various optical cable structures.
The product is listed under tariff number of 70022010 in the Customs Import and Export Tariff of the People’s Republic of China, except those with a diameter less than 60 millimeters.
III. Methods of Levying Anti-dumping Duties
As of July 11, 2018, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing optical fiber preform originating in Japan and the United States. 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.
IV. Administrative Reconsideration and Administrative Litigation
Any person who refuses to accept the review may, according to Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate litigation to the people’s court according to the law.
V. MOFCOM Announcement No.57 of 2018 on the Ruling of the Expiry
Review of the Anti-dumping Measures against Imports of Optical Fiber Preform Originating in Japan and the United States takes effect as of July 11, 2018.
Regulation Source: Ministry of Commerce People’s Republic of China
