MINISTRY OF COMMERCE PEOPLE'S REPUBLIC OF CHINA
MINISTRY OF COMMERCEOn October 9, 2015, the Ministry of Commerce released the Announcement No. 40, announcing that the anti-dumping measures against imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea will expire on December 31, 2015. In accordance with the provisions of the Regulations of the People's Republic of China on Anti-dumping, if it is determined upon review that the termination of collection of anti-dumping duties may lead to the continuance or re-occurrence of dumping and injury, the period for collection of anti-dumping duties may be properly extended. The domestic industry or any natural person, legal person or relevant organization on behalf of the domestic industry may file a written application for expiry review to the Ministry of Commerce 60 days prior to the expiration of the anti-dumping measures since the date of the announcement.
On September 30, 2015, the Ministry of Commerce received a formal application for expiry review on anti-dumping measures from Yangtze Optical Fibre and Cable Joint Stock Limited Company, Futong Group Company Limited, Fiberhome Fujikura Optic Technology Co., Ltd., Hengtong Optic-Electric Co., Ltd., Zhongtian Technology Optical Fiber Co., Ltd., Jiangsu Fasten Photonics Co., Ltd., Chengdu Sei Optical Fiber Co., Ltd., and Tongding Interconnection Information Co., Ltd. on behalf of the industry of non-dispersion shifted single-mode optical fiber in China. The applicants claimed that, if the anti-dumping measures against imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea are terminated, the dumping behavior and injury to the industry in China might reoccur, and requested the Ministry of Commerce to decide to maintain the anti-dumping measures against imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea.
In accordance with relevant provisions of the Regulations of the People’s Republic of China on Anti-dumping, the Ministry of Commerce has reviewed the qualifications of the applicants, relevant situations of products under investigation and similar products in China, imports of products under investigation during the period of taking anti-dumping measures, the likeliness of continuance or re-occurrence of dumping or injury, and relevant evidence. The existing evidence showed that the applicants complied with the provisions of Article 11, Article 13 and Article 17 of the Regulations of the People’s Republic of China on Anti-dumping on industry and industrial representativeness, thus they were qualified to file applications on behalf of the industry of non-dispersion shifted single-mode optical fiber in China. The investigation authority holds that, the claims from the applicants and the prima facie evidence provided comply with the requirements for case-filing of an expiry review.
In accordance with Article 48 of the Regulations of the People's Republic of China on Anti-dumping, the Ministry of Commerce decides to initiate expiry review investigation against the anti-dumping measures applicable to imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea from January 1, 2016. Relevant matters are hereby announced as follows:
I. Extension of the Anti-dumping Measures
According to the proposal of the Ministry of Commerce, the Customs Tariff Commission of the State Council made a decision to continue to levy anti-dumping duties on imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea pursuant to the scope and rate of anti-dumping duty released in the announcement of the Ministry of Commerce listed in the annex hereto during the period of expiry review investigation.
II. Review Investigation Period
The period of the dumping investigation for this review is from July 1, 2014 to June 30, 2015, and the period of industry injury investigation is from January 1, 2010 to June 30, 2015.
III. Scope of Products of Review Investigation
The scope of products under the review is the product scope, to which the anti-dumping measures released in the announcement attached hereto are applicable.
IV. Content of the Review
The review is to investigate the likeness of the continuation or recurrence of the dumping and injury in case of termination of the anti-dumping measures taken against imports of non-dispersion shifted single-mode optical fiber originated in Japan and South Korea.
V. Registration for Responding
Any interested party may, within 20 days from the release of the Announcement, register with the Trade Remedy and Investigation Bureau of MOFCOM for participating in the expiry review investigation, and shall, in accordance with the Reference Format for Responding to Anti-dumping Investigation, provide the basic identity information, and illustrative materials on the volume and value of the products under investigation exported to China or importing the products under investigation of the case during the investigation period and the production and sales volume and value of the similar products, as well as other relevant information. The Reference Format for Responding to Anti-dumping Investigation is available for download from sub-web of Trade Remedy and Investigation Bureau of MOFCOM (http://trb.mofcom.gov.cn).
Interested party as referred to herein shall be any individual or organization as specified under Article 19 of the Regulations of the People’s Republic of China on Anti-dumping.
VI. Access to Public Information
Any interested party may access to relevant websites to download or go to the consultation room of trade relief public information of the Ministry of Commerce (Tel: 0086-10-65197878) to review, consult, copy and print non-confidential text of the petition submitted by the applicants of the case. In the course of investigation, any interested party may view the public information of the case on the websites mentioned above or go to the consultation room of trade relief public information of the Ministry of Commerce to review, consult, copy and print the public information of the case.
VII. Comments on Case Filing
Any interested party may submit its written comments to Trade Remedy and Investigation Bureau of MOFCOM within 20 days as of the date on which the Announcement is issued if it has any comment on the coverage and classification of the products under this round of investigation, qualification of the applicants, countries under investigation and other related issues.
VIII. Methods of Investigation
The Ministry of Commerce may adopt the methods of questionnaire, sampling, hearing, on-site verification or other methods to obtain information from interested parties and make investigation in accordance with Article 20 of the Regulations of the People’s Republic of China on Anti-dumping.
In order to obtain the information required for the investigation of the case, the Ministry of Commerce will usually distribute questionnaires to the foreign exporters or producers and domestic producers and importers that are registered for the investigation within 10 working days upon expiration of the registered response specified in the Announcement. Interested parties registered for the investigation may also download the questionnaires from relevant websites.
Any other interested party that does not register for the investigation may directly download the questionnaires from relevant websites or seek for the same from the Trade Remedy and Investigation Bureau of MOFCOM and fill and submit the questionnaires as required.
All companies shall submit their answers to any questionnaire in a complete and accurate manner within the specified period of time, which shall contain all the information as required by the questionnaire.
IX. Submission and Treatment of Confidential Information
If the information submitted by any interested party to the Ministry of Commerce is required to be treated as confidential, a request to keep such information confidential shall be made to the Ministry of Commerce and relevant reasons shall be stated. If the Ministry of Commerce approves such request, the interested party applying for confidentiality may also provide a non-confidential summary of such confidential information, which shall include sufficient and meaningful information so that other interested parties may have a reasonable understanding of such confidential information. If it fails to provide such non-confidential summary, it shall give the reasons. If confidentiality is not required for the information submitted by any interested party, the Ministry of Commerce will deem it as public information.
X. Consequences of Non-cooperation
In accordance with Article 21 of the Regulations of the People’s Republic of China on Anti-dumping, when the Ministry of Commerce is making an investigation, any interested party shall truthfully reflect the situation and provide relevant information. If any interested party fails to do so or fails to provide necessary information within a reasonable time limit or severely impedes such investigation in other ways, the Ministry of Commerce may make a ruling based on the facts acquired and the best information available.
XI. Investigation Period
The investigation shall commence on January 1, 2016 and end before December 31, 2016.
XII. Contact Information of the Ministry of Commerce
First Division of Import Investigation of Trade Remedy and Investigation Bureau of MOFCOM
Address: No. 2 Dong Chang’an Avenue, Beijing, China
Zip code: 100731
Contact persons: Ma Lin and Yu Zhiguo
Tel: 86-10-65198477 85093407
Fax: 86-10-65198172
Ministry of Commerce of the People’s Republic of China
December 30, 2015
Translated by Hou Zuowei
Proofread by Eddiea