Commission Implementing Regulation (EU) 2022/72 of 18 January 2022 imposing definitive countervailing duties on imports of optical fibre cables originating in the People’s Republic of China and amending Implementing Regulation (EU) 2021/2011 imposing a definitive anti-dumping duty on imports of optical fibre cables originating in the People’s Republic of China

1 A definitive countervailing 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 definitive countervailing 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 countervailing dutyTARIC additional code FTT Group: 1. FiberHome Telecommunication Technologies Co., Ltd 2. Nanjing Wasin Fujikura Optical Communication Ltd 3. Hubei Fiberhome Boxin Electronic Co., Ltd 10,3 %C696 ZTT Group: Jiangsu Zhongtian Technology Co., Ltd Zhongtian Power Optical Cable Co., Ltd 5,1 %C697Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex I7,8 %Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation listed in Annex II10,3 %All other companies10,3 %C999

3 The application of the individual countervailing 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 .

6 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.

‘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 33,7 %C696 ZTT Group: Jiangsu Zhongtian Technology Co., Ltd Zhongtian Power Optical Cable Co., Ltd 14,6 %C697Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex I23,4 %Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation listed in Annex II20,9 %All other companies33,7 %C699’

‘7 Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2022/72 be modified or removed, the duties specified in paragraph 2 or in Annexes I or II shall be increased by the same proportion limited to the actual dumping margin found or the injury margin found as appropriate per company and from the entry into force of this Regulation.

‘8 In cases where the countervailing duty has been subtracted from the anti-dumping duty for certain exporting producers, refund requests under Article 21 of Regulation (EU) 2016/1037 shall also trigger the assessment of the dumping margin for that exporting producer prevailing during the refund investigation period.’;

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