MOFCOM Announcement No.41 of 2017 on Mid-term Review of the Anti-dumping Measures against Imports of Dispersion-unshifted Single Mode Fiber Originating in the United States

Date: 2017-08-29 21:44:21, Source: MOFCOM, Today/Total Visits : 0/1093

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 May 11, 2017, Yangtze Optical Fibre and Cable Joint Stock Limited Company, Hangzhou Futong Communication Technology Co., Ltd., Fenghuo Tengcang Optical Technology Co., Ltd., Jiangsu Hengtong Optic-Electric Co., Ltd., Zhongtian Technology Optical Co., Ltd., Jiangsu Fasten Photonics Co., Ltd and Chengdu SEI Optical Fiber Co., Ltd. (hereinafter referred to as the "Applicants") applied to the MOFCOM, claiming that during the implementation of anti-dumping measures, imports of dispersion-unshifted single mode fiber originating in the United States were more seriously dumped to China, exceeding the anti-dumping duty rate in effect, and requiring the midterm review of the anti-dumping measures applicable to the imports of dispersion-unshifted single mode fiber originating in the United States in terms of dumping and dumping margin.

In accordance with Article 49 of the Anti-dumping Regulations of the People's Republic of China and the Provisional Rules on Midterm Review of Dumping and Dumping Margin, the MOFCOM examined the qualifications of the Applicants, the export prices and normal value of the underlying products, the necessity of continuance of the anti-dumping measures at the original rate and other relevant conditions. On July 10, 2017, the MOFCOM asked the Applicants to supplement the relevant supporting materials, and the Applicants did so within the prescribed time limit.

On August 1, 2017, the MOFCOM informed the embassies of the United States in China of the application for the midterm review in terms of dumping and dumping margin, and forwarded to them the public text of the application for mid-term review and the unclassified summary of confidential materials.

Upon examination, the MOFCOM believed that the application meets legal conditions set out in the Anti-dumping Regulations of the People's Republic of China and the Provisional Rules on Midterm Review of Dumping and Dumping Margin. The MOFCOM decided to, as of the date of release hereof, begin to conduct midterm review of the anti-dumping measures applicable to imports of dispersion-unshifted single mode fiber originating in the United States in terms of dumping and dumping margin. Relevant review matters are hereby announced as below:
  
I. Product Scope Covered by the Review

Products subject to mid-term review in terms of dumping and dumping margin 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.

II. Review Investigation Period

The dumping investigation period of this mid-term review in terms of dumping and dumping margin is from January 1, 2016 to December 31, 2016.

III. Review Procedures

(I) Comments of interested parties.

Any interested party may give opinions on this review in writing and provide corresponding evidence within 20 days after the date of release hereof.

(II) Registration for Participating in the Investigation.

Any interested party may register with the Trade Remedy and Investigation Bureau of the Ministry of Commerce for participating in this round of investigation into anti-dumping mid-term review within 20 days after the date of release hereof. Interested parties participating in the investigation are required to provide essential information, quantity and amount of the products under investigation exported to or importing from China, quantity and amount of similar products produced and sold and relationship and other illustrative materials based on the Reference Format of the Registration to Participate in the Investigation, which can be downloaded from the Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn).

(III) Distribution of questionnaire.

In order to obtain the information necessary for the investigation as deemed by it, the MOFCOM will, as needed, distribute questionnaires to relevant interested parties which can be downloaded from the Trade Remedy and Investigation Bureau sub-website of the MOFCOM website (http://trb.mofcom.gov.cn). Answer sheets of the questionnaires shall be submitted according to questionnaire requirements within 37 days after the questionnaires are distributed.

(IV) Hearings.

An interested party may make a written request for holding a hearing in accordance with the Anti-dumping Regulations of the People's Republic of China and the Interim Rules on the Hearing of Anti-dumping Investigations of the MOFCOM. When necessary, the MOFCOM may actively hold a hearing.
 
(V) On-site inspections.

When necessary, the MOFCOM will assign workers to conduct on-site inspections at relevant enterprises; any materials submitted by an interested party shall include the statement on agreement about inspections; and, before inspections, the MOFCOM will inform the governments and enterprises of the relevant countries in advance.

IV. Consequences of Non-cooperation

In accordance with Article 21 of the Anti-dumping Regulations of the People's Republic of China, when the MOFCOM makes an investigation, an interested party shall faithfully reflect situations and provide relevant materials. If an interested party fails to do so, fails to provide necessary information within a reasonable time, or seriously impedes an investigation in any other way, the MOFCOM may give a ruling according to facts already obtained and the best information available.

V. Contact Information

Address: No. 2 Dong Chang'an Avenue, Beijing
Postal code: 100731
No.1 Import Investigation Office, Trade Remedy and Investigation Bureau of the Ministry of Commerce
Ma Lin and Zhang Jinding
Tel.: 86-10-65198477, 65198053
Fax: 86-10-65198172

Ministry of Commerce of the People's Republic of China
August 22, 2017

Approved by: Department of Commerce of Shandong Province Tel: +86-531-89013333

Supported by:Jinan Maocheng Information Technology Co., Ltd.

Shandong ICP Registered No. 12013505