MINISTRY OF COMMERCE PEOPLE'S REPUBLIC OF CHINA
MINISTRY OF COMMERCEMOFCOM Announcement No. 37 of 2012 on Name Alteration of a Korean Enterprise in the Imported Non-Dispersion-Shifted Single-Mode Fiber Anti-dumping Case
Issued by: Ministry of Commerce of the People’s Republic of China
Announcement No. 37, 2012
Date of Issuance: July 16, 2012
The Ministry of Commerce of the People’s Republic of China, on December 31, 2010, released its Announcement No. 92 of 2010, which decided to maintain the original anti-dumping measures taken against the imported non-dispersion-shifted single-mode fiber originated in Japan and South Korea. Among the measures, 2.3% of anti-dumping duty rate is applicable to Korean OPTOMAGIC Co., Ltd.
On April 17, 2012, TAIHAN Fiberopitcs Co., Ltd. submitted its application to the Ministry of Commerce of the People’s Republic of China for inheritance of the rights and obligations performed by Korean OPTOMAGIC Co., Ltd. in the original anti-dumping case on imported non-dispersion-shifted single-mode fiber, and it also submitted relevant documents such as the corporation’s business license, the articles of association, the shareholders list, the list of directors, the list of suppliers of raw materials, the production equipment list, the customers list and the relevant notarized documents, as well as certified documents by the Embassy of the People’s Republic of China in South Korea.
On May 17, 2012 and June 14, 2012, TAIHAN Fiberoptics Co., LTD. submitted the associated parties list, the production capacity and output as well as the sales channels of the product in question before and after the corporation changed its name, and some other evidence that can be used to prove the name alteration.
The Ministry of Commerce notified the original applicant for the anti-dumping investigation of the above-mentioned issue. Within the specified time period, the domestic non-dispersion-shifted single-mode fiber industry as the original applicant expressed the view that it had no objection to the aforesaid renaming application, as long as no change had occurred in such respects as the operation and management, production equipment, raw materials supply, sales channels and customers of non-dispersion-shifted single-mode fiber in TAIHAN Fiberoptics Co., LTD. after the corporation changed its name.
After investigation, the Ministry of Commerce believes that the existing evidence shows that Korea OPTOMAGIC Co., Ltd. has changed its name, but no change had occurred in such respects as the operation and management, production equipment, raw materials supply, sales channels and customers of the product in question after the corporation changed its name.
Accordingly, the Ministry of Commerce decided:
I. TAIHAN Fiberoptics Co., LTD. inherits the original rights and obligations performed by Korea OPTOMAGIC CO., LTD in the anti-dumping measures against the non-dispersion-shifted single-mode fiber, and its export of the product in question to China shall be applied the 2.3% anti-dumping duty rate.
II. The anti-dumping duty rate of 46% applicable to “other Korean companies” in the anti-dumping measures against the non-dispersion-shifted single-mode fiber is applicable to the product in question exported to China under the name of Korea OPTOMAGIC CO., LTD.
This announcement shall be effective as of July 16, 2012
(All information published in this website is authentic in Chinese. English is provided for reference only. )
Announcement No. 37, 2012
Date of Issuance: July 16, 2012
The Ministry of Commerce of the People’s Republic of China, on December 31, 2010, released its Announcement No. 92 of 2010, which decided to maintain the original anti-dumping measures taken against the imported non-dispersion-shifted single-mode fiber originated in Japan and South Korea. Among the measures, 2.3% of anti-dumping duty rate is applicable to Korean OPTOMAGIC Co., Ltd.
On April 17, 2012, TAIHAN Fiberopitcs Co., Ltd. submitted its application to the Ministry of Commerce of the People’s Republic of China for inheritance of the rights and obligations performed by Korean OPTOMAGIC Co., Ltd. in the original anti-dumping case on imported non-dispersion-shifted single-mode fiber, and it also submitted relevant documents such as the corporation’s business license, the articles of association, the shareholders list, the list of directors, the list of suppliers of raw materials, the production equipment list, the customers list and the relevant notarized documents, as well as certified documents by the Embassy of the People’s Republic of China in South Korea.
On May 17, 2012 and June 14, 2012, TAIHAN Fiberoptics Co., LTD. submitted the associated parties list, the production capacity and output as well as the sales channels of the product in question before and after the corporation changed its name, and some other evidence that can be used to prove the name alteration.
The Ministry of Commerce notified the original applicant for the anti-dumping investigation of the above-mentioned issue. Within the specified time period, the domestic non-dispersion-shifted single-mode fiber industry as the original applicant expressed the view that it had no objection to the aforesaid renaming application, as long as no change had occurred in such respects as the operation and management, production equipment, raw materials supply, sales channels and customers of non-dispersion-shifted single-mode fiber in TAIHAN Fiberoptics Co., LTD. after the corporation changed its name.
After investigation, the Ministry of Commerce believes that the existing evidence shows that Korea OPTOMAGIC Co., Ltd. has changed its name, but no change had occurred in such respects as the operation and management, production equipment, raw materials supply, sales channels and customers of the product in question after the corporation changed its name.
Accordingly, the Ministry of Commerce decided:
I. TAIHAN Fiberoptics Co., LTD. inherits the original rights and obligations performed by Korea OPTOMAGIC CO., LTD in the anti-dumping measures against the non-dispersion-shifted single-mode fiber, and its export of the product in question to China shall be applied the 2.3% anti-dumping duty rate.
II. The anti-dumping duty rate of 46% applicable to “other Korean companies” in the anti-dumping measures against the non-dispersion-shifted single-mode fiber is applicable to the product in question exported to China under the name of Korea OPTOMAGIC CO., LTD.
This announcement shall be effective as of July 16, 2012
Ministry of Commerce of the People’s Republic of China
July 16, 2012