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MOFCOM Announcement No. 34 of 2019 on Initiating Expiry Review Investigation into Anti-dumping Measures against Imports of Single-mode Optical Fibers Originating in India

MOFCOM released MOFCOM Announcement No. 56 of 2014 on August 13, 2014, and decided to impose anti-dumping duties on imports of single-mode optical fibers originating in India for five years starting from August 14, 2014.

The Ministry of Commerce of the People's Republic of China (MOFCOM or the Investigation Authority) received, on June 3, 2019, an application for expiry review of the anti-dumping measures formally submitted by Yangtze Optical Fibre and Cable Joint Stock Limited Company, Jiangsu Hengtong Optical Fiber Technology Co., Ltd., Fiberhome Tengcang Optical Fiber Technology Co., Ltd., Zhongtian Science and Technology Optical Fiber Co., Ltd., Hangzhou Futong Communication Technology Co., Ltd., Jiangsu Fasten Photonics Co., Ltd. and Chengdu SEI Optical Fiber Co., Ltd. (hereinafter referred to as “the Applicants") on behalf of the Chinese single-mode optical fiber industry. The Applicants believed that the dumping of imports of single-mode optical fibers originating in India would continue or occur again in the China and the dumping would continue to cause damage or would again cause damage to the single-mode optical fiber industry of the China if the anti-dumping measures were terminated. The Applicants requested MOFCOM to rule that the anti-dumping measures against imports of single-mode optical fibers originating in India shall be maintained.

In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China, MOFCOM examined the qualification of the Applicants, the relevant situations of the products under investigation, the relevant situations of the products of the same kind in China, the import situations of the products under investigation during the anti-dumping measure implementation period, the possibility that the dumping would continue or occur again in the China, the possibility that the dumping would continue to cause damage or would again cause damage to the single-mode optical fiber industry of the China, the relevant evidence, etc.. The existing evidences have shown that the Applicants conform to the provisions of Article 11, Article 13 and Article 17 of the Anti-dumping Regulations of the People's Republic of China on the industry and the industrial representatives and they are qualified for submitting the application on behalf of the Chinese single-mode optical fiber industry. The Investigation Authority thinks that the proposition of the Applicants and the prima facie evidences submitted by them meet the requirements for filing an expiry review.

In accordance with Article 48 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM has decided to carry out an expiry review investigation into the anti-dumping measures applicable to imports of single-mode optical fibers originating in India starting from August 14, 2019. The relevant matters are hereby announced as follows:

I. Continuing to carry out the anti-dumping measures

According to the suggestions of MOFCOM and the decision of the Customs Tariff Commission of the State Council, anti-dumping duties shall continue to be imposed on imports of single-mode optical fibers originating in India in accordance with the taxation scope and tariff rates specified in MOFCOM Announcement No. 56 of 2014 during the period of the expiry review investigation into the anti-dumping measures.

II. Review investigation period

The dumping investigation period for the review is from April 1, 2018 to March 31, 2019, and the industrial damage investigation period is from January 1, 2015 to March 31, 2019.

III. Scope of the investigated products to be reviewed

The products to be reviewed are all the products to which the original anti-dumping measures are applicable. The scope of the products to be reviewed is consistent with the scope of the products specified in MOFCOM Announcement No. 56 of 2014.

VI. Content to be reviewed

The content to be reviewed is to find out whether termination of the anti-dumping measures against imports of simple-mode optical fibers originating in India will cause the dumping and damage to continue or occur again or not.

V. Registration for the investigation

Any stakeholder may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for the expiry review investigation of the anti-dumping measures within 20 days after the issue date of the Announcement. The stakeholders participating in the investigation are required to provide their basic identity information based on the Reference Format of the Registration for the Investigation and the explanatory materials including the quantity and amount of the product investigated in the case of exports to China or the import case, the quantities and amounts of the products of the same kind produced and sold and the other relevant situations within the anti-dumping investigation period. The Reference Format of the Registration for the Investigation can be downloaded from the Trade Remedy and Investigation Bureau Sub-website of the Ministry of Commerce Website (http://trb.mofcom.gov.cn).

The stakeholders in the Announcement refer to the individuals and organizations defined in Article 19 of the Anti-dumping Regulations of the People's Republic of China.

VI. Public information

The stakeholders can download from the above-mentioned websites, or go to the MOFCOM Trade Remedy Public Information Office to search, read, transcribe and copy the non-confidential version of the application submitted by the Applicants. In the process of investigation, the stakeholders can refer to public information about the case through the relevant websites, or search, read, transcribe and copy the public information about the case in the MOFCOM Trade Remedy Public Information Office (Tel: 0086-10-65197878).

VII. Comments

If any stakeholder needs to comment on the product scope under investigation, the product classification, the qualification of the Applicants, the investigated countries (regions) and other related questions, the stakeholder may submit its comments in written form to the Trade Remedy and Investigation Bureau of the Ministry of Commerce within 20 days after the issue date of the Announcement.

VIII. Investigation methods

In accordance with Article 20 of the Anti-dumping Regulations of the People's Republic of China, MOFCOM may get information on the related situations from the stakeholders by conducting questionnaire surveys, sampling, hearing, on-site verification, etc. and carry out the investigation.

In order to obtain the information required for the investigation of this case, MOFCOM usually issues questionnaires to the foreign (regional) exporters or manufacturers, domestic manufacturers and domestic importers involved in the case within 10 working days from the deadline for registering for the investigation as prescribed herein. Meanwhile, MOFCOM will publish the questionnaires at the above-mentioned websites.

The other stakeholders that have registered for the investigation can directly download the questionnaires from the above-mentioned websites or ask the MOFCOM Trade Remedy and Investigation Bureau for the questionnaires and fill out and submit them according to the requirements.

All the stakeholders shall submit their complete and accurate answer sheets within the specified time period. The answer sheets shall include all the information requested in the questionnaires.

IX. Submission and processing of confidential information

If it is necessary to keep confidential some of the information submitted to the Ministry of Commerce by a stakeholder, the said stakeholder may make a request to the Ministry of Commerce for confidential treatment of relevant information and the stakeholder, give reason for it and provide a non-confidential summary of the said confidential information. The non-confidential summary shall include full and meaningful information, so that the other stakeholders can reasonably understand the confidential information.

X. Consequences of non-cooperation

According to Article 21 of the Anti-dumping Regulations of the People’s Republic of China, when the Ministry of Commerce makes investigations, the stakeholders shall faithfully reflect the situations and provide the relevant materials. If a stakeholder fails to faithfully reflect the situations or provide necessary information, or fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the Ministry of Commerce may give a ruling according to available facts and attainable best information.

XI. Investigation period

The investigation shall start from August 14, 2019 and end before August 13, 2020.

XII. Contact of the Ministry of Commerce

Import Investigation Division 5, Trade Remedy and Investigation Bureau, Ministry of Commerce
Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Tel: 010-65197589 and 010-65198062
Fax: 010-65197579

Ministry of Commerce of the People’s Republic of China
August 13, 2019

Translated by Liu Zhao



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