Notice

Taxation notice 2023/12: provisional anti-dumping duty on optical fibre cables from The People’s Republic of China

Updated 23 October 2023

This notice was originally published on 10 July 2023 with effect from 11 July 2023. See Trade remedies notice 2023/22 for the definitive anti-dumping duties.

Secretary of State’s decision on provisional measures

This public notice is published by the Secretary of State under paragraph 15(5) of Schedule 4 to the Trade Remedies (Dumping and Subsidisation) (EU Exit) Regulations 2019 Act.

This public notice gives effect to the Secretary of State’s decision to accept the Trade Remedies Authority’s (TRA) recommendation within their provisional affirmative determination, which found that the goods imported into UK from The People’s Republic of China are being dumped and have caused or are causing injury to UK industry and recommended applying provisional measures (“the provisional measures”).

Goods description

The public notice relates to optical fibre cables originating from The People’s Republic of China and exported to the UK, which are:

• single mode optical fibre cables, made up of one or more individually sheathed fibres, with protective casing, whether or not containing electric conductors; excluding cables in which all the optical fibres are individually fitted with operational connectors at one or both extremities and plastic insulated cables for submarine use containing a copper or aluminium conductor in which fibres are contained in metal module

TRA’s recommendation

The TRA’s recommendation is:

• to require all importers of the goods to give a guarantee in respect of the estimated anti-dumping duty applicable to their imports, for a period of 6 months, or until a definitive remedy is implemented, whichever is sooner
• to apply anti-dumping duty rates to goods subject to the measure, from the companies specified in Annex 1 of this notice
• for the guarantee, which the TRA has found meets the economic interest of the UK, to take the form of a bank guarantee, bond or cash

All importers of the goods are therefore required to give a guarantee in accordance with this recommendation and the notice made under paragraph 15(5) of Schedule 4 to the Act.

The guarantee will be required during the period of the provisional remedy. The provisional remedy will end in 6 months; or when a definitive remedy is implemented, whichever is sooner. The guaranteed amount will only become payable if definitive measures are imposed.

For those who:

• provide a bank guarantee - HMRC will return guarantee documents through the usual channels if a definitive measure is not imposed.  In cases where the definitive duty rate is equal to or less than the provisional duty, bank guarantee documents will be returned when HMRC are satisfied that any outstanding duty has been collected.
• secure a bond - HMRC will offer a reimbursement through usual channels, if a definitive measure is not imposed or if the definitive duty rate is less than the provisional duty rate
• pay a cash deposit - HMRC will offer a reimbursement through usual channels, if a definitive measure is not imposed or if the definitive duty rate is less than the provisional duty rate

The public file section of the TRA’s website is regularly updated with information relating to the single-mode optical fibre cables from China case. Interested parties can use this to increase their understanding of the investigation. The TRA published the Statement of Essential Facts (SEF) on the case on 12 June 2023. The TRA will submit a final decision to the Secretary of State before the end of the investigation.

Alternatively, email AD0021@traderemedies.gov.uk to ask questions.

Amount of provisional anti-dumping duty

The provisional anti-dumping duty applicable to the goods is specified in Annex 1.

Goods subject to the provisional anti-dumping duty

The rates of provisional anti-dumping duty specified in Annex 1 apply to the goods as described or imported under a commodity code specified below titled “UK Global Tariff commodity code subject to the anti-dumping duty”.

UK Global Tariff (UKGT) commodity code subject to the anti-dumping duty

8544700010

Imposition date

This public notice takes effect, and the provisional anti-dumping duty applies, from 11 July 2023.

Annex 1: Duty amount for overseas exporters

A rate of anti-dumping duty ranging from 31.5% to 47.2% will apply to imports of the goods from Chinese companies.

Provisional anti-dumping duty rates for overseas exporters

Overseas exporter/producer	Duty rate	Additional code
SDG Group	31.5%	8A19
Shenzhen SDG Information Co. Ltd	31.5%	8A19
Shenzhen SDGI Optical Network Technologies Co., Ltd.	31.5%	8A19

Non sampled, cooperating exporters/producers	Duty rate	Additional code
Suzhou Furukawa Power Optic Cable Co.,Ltd.	31.5%	8A20
Shanghai Wanbao Optical Technologies Co. Ltd	31.5%	8A20
Ningbo Geyida Cable Technology Co.,Ltd	31.5%	8A20
XDK Communication Equipment Huizhou Co., Ltd.	31.5%	8A20
Jiangsu Fasten Optical Cable Co., Ltd.	31.5%	8A20
Hengtong Optic-Electric co. Ltd.	31.5%	8A20
ZheJiang JinYuan WanBao Optical Fiber Co. Ltd.	31.5%	8A20
FibreHome Telecommunication Technologies Co Ltd	31.5%	8A20

Other exporters	Duty rate	Additional code
All other overseas exporters (residual amount)	47.2%	8A21

Annex 2: Declaration required to qualify for specified overseas exporter duty amount

The following declaration must be completed, dated and signed by an official of the entity issuing the valid commercial invoice who is identifiable by name and function:

“I, the undersigned, certify that the [volume] of [goods] sold for export to the United Kingdom included in this invoice was produced by [company name and address] ([TAP additional code]) in [country]. I declare that the information provided in this invoice is complete and correct.

Date:

Signature:

Name (printed):”