In accordance with the provisions of the Regulations of the People’s Republic of China on Anti-dumping (hereinafter referred to as the “Anti-dumping Regulations”), on March 19, 2014, the Ministry of Commerce (hereinafter referred to as the “Investigation Authority”) issued Announcement No. 17 of 2014, deciding to carry out anti-dumping investigation against imports of optical fiber preform originated in Japan and the U.S.(hereinafter referred to as the “Products under Investigation”).

The Investigation Authority has investigated into the existence of dumping and dumping margin, the existence of damage to China’s domestic industry of optical fiber preform caused by the Products under Investigation and the extent of such damage, as well as the causal relationship between the dumping and the damage. According to the investigation findings and Article 24 of the Anti-dumping Regulations, the Investigation Authority released on May 18, 2015, an announcement on the preliminary ruling, affirming that there was dumping of the Products under Investigation and the domestic industry of optical fiber preform in China was substantially damaged, and there was causal relationship between the dumping and the substantive damage.
Upon the preliminary ruling, the Investigation Authority continued its investigation into the dumping and dumping margin, the damage and the extent of such damage, as well as the causal relationship between the dumping and the damage. The investigation now comes to an end. The Investigation Authority has made the final ruling (See the Annex) according to the provisions of Article 25 of the Anti-dumping Regulations. Relevant matters are hereby announced as follows:

I. Final Ruling

Upon investigation, the Investigation Authority made a final ruling that during the investigation period of this case, there was dumping of imports of optical fiber preform originated in Japan and the U.S., and China's domestic industry was substantially damaged, and there was causal relationship between the dumping and the substantive damage.

II. Levy of Anti-dumping Duties

The Investigation Authority, in accordance with Article 38 of the Anti-dumping Regulations, proposed suggestions on the levy of anti-dumping duties against imports of optical fiber preform originated in Japan and the U.S. to the Customs Tariff Commission of the State Council, which then decided, as of August 19, 2015, to impose anti-dumping duties on imports of optical fiber preform originated in Japan and the U.S.
Scope of investigation: Imports of optical fiber preform originated in Japan and the U.S.
Name of products under investigation: 光纤预制棒; or Optical Fiber Preform or Fiber Preform in English
Detailed description: Optical fiber preform is a kind of quartz glass with specific refractive index of section that is used to manufacture photoconductive fibers (optical fibers).

Main usage: It is mainly used to manufacture photoconductive fibers (optical fibers). The optical fibers manufactured are used for optical signal transmission of various optical fiber cable structures.

The product is included under tariff number of 70022010 (products with diameters of less than 60 mm under such tariff number are excluded) in the Customs Import and Export Tariff of the People’s Republic of China.

Rates of deposit imposed on companies are as follows:
Japanese companies
1. Shin-Etsu Chemical Co., Ltd. 8.0%
2. Sumitomo Electric Industries, Ltd. 9.1%
3. Fujikura Ltd. 8.5%
4. Furukawa Electric Co., Ltd. 8.5%
5. All others 9.1%
U.S. companies:
1. Corning Incorporated 41.7%
2. OFS Fitel, LLC. 17.4%
3. All others 41.7%

For Heraeus Tenevo LLC and other U.S. companies currently not listed, the rates of deposit imposed on other companies shall apply.

III. Methods of Levying Anti-dumping Duties

As of August 19, 2015, import operators shall pay relevant anti-dumping duties to the Customs of the People’s Republic of China when importing optical fiber preform originated in Japan and the U.S. 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 x 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.
Retrospective collection of anti-dumping duties will not be carried out for imports of optical fiber preform originated in Japan and the U.S. that were imported before the implementation of the interim anti-dumping measures.

IV. Return of Deposits

According to Article 43 of the Anti-dumping Regulations, deposits provided by relevant import operators to the Customs of the People’s Republic of China from May 22, 2015 to August 18, 2015 (inclusive) shall be returned by the Customs.

V. Period of Levying Anti-dumping Duties

The implementation period of levying anti-dumping duties on imports of optical fiber preform originated in Japan and the U.S. shall be 2 years starting from August 19, 2015.

VI. New Exporter Review

Any new exporter in Japan and the U.S. that does not export the Product under Investigation to the People’s Republic of China during the investigation period, if qualified, may apply in writing to the Investigating Authority for a new exporter review according to provisions of Article 47 of the Anti-dumping Regulations.

VII. Interim Review

During the period of levying anti-dumping duties, relevant interested parties may apply in writing to the Investigating Authority for an interim review in light of provisions of Article 49 of the Anti-dumping Regulations.

VIII. Administrative Reconsideration and Administrative Litigation

Any person who refuses to accept the final ruling of this case and the decision to levy anti-dumping duties may, according to provisions of Article 53 of the Anti-dumping Regulations, apply for an administrative reconsideration or initiate a litigation to the people's court according to the law.

IX. This Announcement shall come into force as of August 19, 2015.

Annex: Final Ruling of Ministry of Commerce of the People's Republic of China on Anti-dumping Investigations Against Imports of Optical Fiber Preform Originated in Japan and the U.S.pdf

Ministry of Commerce of the People’s Republic of China
August 19, 2015

Translated by Hou Zuowei