MOFCOM Announcement No.53 of 2018 on Mid-term Review Ruling on the Dumping and Dumping Margin of Imports of Dispersion-unshifted Single Mode Fiber Originating in the United States

Date: 2018-07-17 00:43:42, Source: MOFCOM, Today/Total Visits : 0/107

On April 21, 2011, the Ministry of Commerce of the People's Republic of China (the "MOFCOM") issued Announcement No.17, deciding to levy anti-dumping duty on imports of dispersion-unshifted single mode fiber originating in the United States and the EU for five years from April 22, 2011.

On April 21, 2017, after expiry review, the MOFCOM issued Announcement No.20, deciding to continue levying anti-dumping duty on imports of dispersion-unshifted single mode fiber originating in the United States and the EU for five years from April 22, 2017.

On August 22, 2017, as applied by the domestic industry of dispersion-unshifted single mode fiber, the MOFCOM issued Announcement No.41, deciding to review the dumping and dumping margin of the anti-dumping measures applicable to imports of dispersion-unshifted single mode fiber originating in the United States.

Products subject to review are imports of dispersion-unshifted single mode fiber originating in the United States. Specific descriptions are consistent with product descriptions set out in the MOFCOM Announcement No.17 of 2011.

Pursuant to the investigation results, the MOFCOM proposed to carry out anti-dumping measures to the Customs Tariff Commission of the State Council and in accordance with Article 50 of the Anti-dumping Regulations of the People's Republic of China and the decision of the Customs Tariff Commission of the State Council, related matters are announced as follows:

I. Review Ruling

The MOFCOM ruled that, within the review period, the imports of dispersion-unshifted single mode fiber originating in the United States are involved in dumping.

II. Anti-dumping Measures

According to the Anti-dumping Regulations of the People's Republic of China, the Customs Tariff Commission of the State Council decides to levy anti-dumping duties at the following rates on the imports of dispersion-unshifted single mode fiber originating in the United States as of July 11, 2018:

1. Corning Incorporated 37.9%
2. OFS Fitel, LLC 33.3%
3. Draka Communications Americas, Inc. 78.2%
4. All others 78.2%

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 dispersion-unshifted single mode fiber originating in 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 * 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 of the People's Republic of China, apply for an administrative reconsideration or initiate litigation to the people's court according to the law.

V. MOFCOM Announcement No.53 of 2018 on Mid-term Review Ruling on the Dumping and Dumping Margin of Imports of Dispersion-unshifted Single Mode Fiber Originating in the United States takes effect as of July 11, 2018.

Ministry of Commerce of the People's Republic of China
July 10, 2018


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