Commission Implementing Regulation (EU) 2021/2011 of 17 November 2021 imposing a definitive anti-dumping duty on imports of optical fibre cables originating in the People’s Republic of China

1 A definitive anti-dumping duty is imposed on imports of single mode optical fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether or not containing electric conductors, currently falling under CN code ex85447000 (TARIC code 8544700010) and originating in the People’s Republic of China. The following products are excluded: (i) cables in which all the optical fibres are individually fitted with operational connectors at one or both extremities; and (ii) cables for submarine use. Cables for submarine use are plastic insulated optical fibre cables, containing a copper or aluminium conductor, in which fibres are contained in metal module(s).

2 The rates of the definitive anti-dumping duty applicable to the net, free-at-Union-frontier price, before duty, of the product described in paragraph 1 and produced by the companies listed below, shall be as follows: CompanyDefinitive anti-dumping dutyTARIC additional code FTT group: FiberHome Telecommunication Technologies Co., Ltd Nanjing Wasin Fujikura Optical Communication Ltd Hubei Fiberhome Boxin Electronic Co., Ltd 44,0 %C696 ZTT group: Jiangsu Zhongtian Technology Co., Ltd Zhongtian Power Optical Cable Co., Ltd 19,7 %C697Other cooperating companies listed in Annex I31,2 %All other companies44,0 %C999

3 The application of the individual duty rates specified for the companies mentioned in paragraph 2 shall be conditional upon presentation to the Member States’ customs authorities of a valid commercial invoice, on which shall appear a declaration dated and signed by an official of the entity issuing such invoice, identified by his/her name and function, drafted as follows: ‘I, the undersigned, certify that the (volume) of (product concerned) sold for export to the European Union covered by this invoice was manufactured by (company name and address) (TARIC additional code) in the People’s Republic of China. I declare that the information provided in this invoice is complete and correct.’ If no such invoice is presented, the duty applicable to all other companies shall apply.

4 Unless otherwise specified, the provisions in force concerning customs duties shall apply.

5 The customs declaration shall indicate the length in kilometres of the product described in Article 1(1), provided this indication is compatible with Annex I to Council Regulation (EEC) No 2658/87 .

Where a new exporting producer from the People’s Republic of China provides sufficient evidence to the Commission, the Annex may be amended by adding that new exporting producer to the list of cooperating companies not included in the sample and thus subject to the appropriate weighted average anti-dumping duty rate, namely 31,2 %. A new exporting producer shall provide evidence that: (a) it did not export the goods described in Article 1(1) originating in the People’s Republic of China during the period of investigation (1 July 2019–30 June 2020); (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation; and (c) it has either actually exported the goods described in Article 1(1) originating in the People’s Republic of China or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.

Customs authorities are hereby directed to discontinue the registration of imports established in accordance with Article 1 of Commission Implementing Regulation (EU) 2021/548 of 29 March 2021 making imports of optical fibre cables originating in the People’s Republic of China subject to registration.

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.