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MOFCOM Announcement No. 40 of 2019 on Initiating Interim Review Investigation into Imports of Optical Fiber Preforms Originating in Japan

MOFCOM released MOFCOM Announcement No. 25 of 2015 on August 19, 2015, and decided to implement final anti-dumping measures against imports of optical fiber preforms originating in Japan and the United States for two years starting from August 19, 2015. After MOFCOM completed an expiry review investigation, MOFCOM released MOFCOM Announcement No. 57 of 2018 on July 10, 2018 and decided to continue imposing anti-dumping duties on imports of optical fiber preforms originating in Japan and the United States for five years starting from July 11, 2018.

On August 9, 2019, Yangtze Optical Fibre and Cable Joint Stock Limited Company, Jiangsu Hengtong Optical Fiber Technology Co., Ltd., Futong Group Co., Ltd., Fiberhome Communication Science and Technology Co., Ltd. and Zhongtian Science and Technology Precision Material Co., Ltd. (hereinafter referred to as “the Applicants") submitted an application to MOFCOM on behalf of the Chinese optical fiber preform industry. The Applicants believed that the dumping margin of imports of optical fiber preforms originating in Japan had further increased during the anti-dumping measure implementation period and it had exceeded the current applicable anti-dumping duty rate. The Applicants requested MOFCOM to carry out interim dumping and dumping margin review on the anti-dumping measures applicable to imports of optical fiber preforms originating in Japan.

In accordance with the relevant provisions of the Anti-dumping Regulations of the People's Republic of China and the Rules on Interim Review of Dumping and Dumping Margin, MOFCOM examined the qualification of the Applicants, the export prices of the product to be investigated, the normal values, the dumping margin changes, and the other relevant situations.

On August 20, 2019, MOFCOM informed Japanese Embassy in China of that MOFCOM had received an application requesting MOFCOM to carry out interim dumping and dumping margin review, and MOFCOM delivered the public version of the application and the unclassified outline of the confidential material to Japanese Embassy in China. MOFCOM did not receive any comments and opinions from any stakeholders within the required time period.

MOFCOM has examined the application and believed that the application conformed to the conditions for filing an interim review case specified in the Anti-dumping Regulations of the People's Republic of China and the Rules on Interim Review of Dumping and Dumping Margin. MOFCOM has decided to initiate an interim dumping and dumping margin review on the anti-dumping measures applicable to imports of optical fiber preforms originating in Japan on the announcement release date. The matters related to the review are hereby announced as follows:

I. Products to be investigated in the review

The products to be investigated in the interim dumping and dumping margin review are imports of optical fiber preforms originating in Japan. The specific product description is consistent with the product description specified in MOFCOM Announcement No. 25 of 2015. The products to be investigated are described as follows:

The name of the product to be investigated: Optical Fiber Preform or Fiber Preform. The Chinese name of the product: 光纖預制棒.

Specific description: An optical fiber preform is a quartz glass rod with a specific refractivity distribution on the cross section of the rod used to manufacture optical fiber.

Main applications: The optical fiber preform is mainly used to manufacture optical fiber and the made optical fiber is used in various optical cable structures to transmit light signals.

The said product is listed under the tariff code of 70022010 in the Customs Import and Export Tariff of the People’s Republic of China. The imports under the tariff code with a diameter less than 60 mm are excluded.

II. Review investigation period and review scope

(I) Review investigation period

The dumping investigation period of the review is from April 1, 2018 to March 31, 2019.

(II) Review scope

The examination scope of the review includes the export prices, normal values and dumping margin of imports of optical fiber preforms originating in Japan.

III. Review procedure

(I) Comments from stakeholders

Any stakeholders can give their comments in written form within 20 days after the issue date of the Announcement and provide the corresponding evidence.

(II) Questionnaire distribution

MOFCOM will provide the stakeholders with the questionnaires to obtain the information that it deems necessary to the investigation. The questionnaires for the case can be downloaded from the Trade Remedy and Investigation Bureau Sub-website of the Official Website of the Ministry of Commerce. The answer sheets for the questionnaires shall be submitted according to the questionnaire requirements within 37 days after the questionnaires are sent.

(III) Hearing

The stakeholders can submit a written request to MOFCOM and ask it to hold hearings according to the Rules on Anti-dumping and Anti-subsidy Investigation Hearings. MOFCOM can also actively hold hearings when MOFCOM deems it necessary.

(IV) On-site verification

MOFCOM will send its workers to relevant countries to carry out on-site verification when MOFCOM deems it necessary. Each material submitted by a stakeholder shall include a statement in which the stakeholder expresses his or her willingness to accept the verification. MOFCOM will notify the relevant country and enterprise before it carries out any verification.

IV. Consequences of non-cooperation

According to Article 21 of the Anti-dumping Regulations of the People’s Republic of China, when MOFCOM 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, MOFCOM may give a ruling according to available facts and attainable best information.

V. Contact

Import Investigation Division 1, Trade Remedy and Investigation Bureau, Ministry of Commerce

Address: No. 2 Dong Chang'an Avenue, Beijing, China
Postcode: 100731
Tel: 86-10-65198176 and 86-10-65198053
Fax: 86-10-65198172

Ministry of Commerce of the People’s Republic of China

September 27, 2019

Translated by Liu Zhao



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