GACC Announcement 9, 2011: AD on U.S./EU Non-Dispersion Shifted Fibers

According to China's Anti-Dumping Regulations, the Ministry of Commerce of China (MOFCOM) has decided to conduct, from February 18, 2011, provisional anti-dumping (AD) measures on Non-Dispersion Shifted Single-Mode Optical Fibers originating in the U.S. and the EU (see the Annex 1 herein).

Hereby announced are relevant issues:

1. As from February 18, 2011, China Customs shall levy cash deposits for the antidumping and for relevant import value-added tax (VAT), in addition to import duties and import VAT regulated, on such U.S. and EU optical fiber aforesaid (HS Code 90011000) by differentiating the suppliers in accordance with the applicable levy rates listed in the Annex 2 herein and with the following calculation formulas:

Formula of totaling anti-dumping cash deposit and import VAT cash deposit:

Total Cash Deposit = (Customs' Duty-Paid Value × Anti-Dumping Cash-Deposit Levy Rate) × (1 + Import VAT Rate)

The Annex 1 herein provides descriptions of the products subject to the provisional anti-dumping measures.

2. Upon import declaration for HS Code 90011000 covered optical fiber products, the importers shall fill in HS Code 9001100001 for the Non-Dispersion Shifted Single-Mode Optical Fibers, HS Code 9001100009 for other optical fibers, and HS Code 9001100090 for fiber-optic bundles and optical fiber cables, respectively.

3. The importers of other optical fibers (HS Code 9001100009) from the U.S. and EU shall undertake product inspection with China's entry-exit inspection/quarantine organs.

4. Upon import declaration for other optical fibers (HS Code 9001100009) from the U.S. and EU, the importers shall submit to the customs the After-Inspection Certificates for Entry Goods issued by the entry-exit inspection/quarantine organs for the purpose that the customs may first conduct import inspection and release and meanwhile levy cash deposits as per the levy rates applicable to relevant U.S. or EU manufactures listed in the Annex 2 herein.

Based on the inspection certificates issued by the entry-exit inspection/quarantine organs to the importers, the customs shall determine whether the imported goods are subject to the provisional anti-dumping measures; and regarding those uncovered by the provisional anti-dumping, the customs shall timely return the cash deposits paid by the importers.

5. Upon their import declaration for the Non-Dispersion Shifted Single-Mode Optical Fibers, the importers shall submit the Certificates of Origin to the customs.

As regards the origin in the U.S. or the EU, the importers shall also submit invoices made by original manufacturers for the purpose that the customs may levy anti-dumping cash deposits as per the levy rates applicable to relevant U.S. or EU manufacturers listed in the Annex 2 herein;

Where such original invoices are not available and the original manufacturers cannot be determined through any other legally valid documents/certificates, the customs shall levy the anti-dumping cash deposits on the importers as per the levy rates applicable to other U.S. or EU companies listed in the Annex 2 herein.

6. As regards the unavailability of the Certificates of Origin aforesaid, the customs may conduct as per the following regulations:

(1) Where the goods are proved non-originating in Japan or South Korea, but cannot be proved non-originating in the U.S or the EU, the customs may levy the anti-dumping cash deposits as per the highest levy rates listed in the Annex 2 herein.

(2) Where the origins cannot be determined at all, the customs may levy anti-dumping duties at the rate of 46% stipulated by the GACC Announcements No. 47, 2004 and No. 91, 2010.

7. As regards the anti-dumping cash deposits on bonded imports through processing trade, the customs may conduct as per GACC Decree No. 111 and GACC Announcement No. 9, 2001.

8. As regards disposal of such two cash deposits levied, the GACC is to announce otherwise as per China's final rulings concerned.



Annexes:

1. Announcement No. 4, 2011 of the Ministry of Commerce of China (omitted)

2. Table of Chinese Anti-Dumping Cash-Deposit Levy Rates on Non-Dispersion Shifted Single-Mode Optical Fibers from the U.S. & the EU (omitted)


The General Administration of Customs of China (GACC)

The General Administration of Quality Supervision, Inspection and Quarantine of China (AQSIQ)

February 16, 2011