Notice

Trade remedies notice 2023/22: definitive anti-dumping duty on optical fibre cables originating in the People’s Republic of China

Updated 23 October 2023

This public notice originally published on 23 October 2023 takes effect from 24 October 2023.

This public notice is published by the Secretary of State under s.13(2) and paragraph 20 of Schedule 4 of the Taxation (Cross-border Trade) Act 2018 (“the Act”).

This public notice gives effect to the Secretary of State’s decision to accept the Trade Remedies Authority’s (“TRA”) recommendation to apply a definitive anti-dumping duty on optical fibre cables originating in the People’s Republic of China. The TRA has concluded that the goods imported into the UK from the People’s Republic of China are being dumped and have caused or are causing injury to UK industry (the goods it relates to are described under the heading “Goods description” below).

The TRA’s recommendation was:

• to apply a definitive anti-dumping measure to the specified goods originating in the People’s Republic of China
• to apply the anti-dumping duty rates on the goods specified in Table 1 of this notice

All importers of the goods from the date of the provisional measure entering into force to the date of effect of this public notice, will be able to claim a reimbursement where applicable. Conditions to meet this are in the “Provisional measure and reimbursement” section. 

For further detail on the provisional measure, please see Taxation notice 2023/12: provisional anti-dumping duty on optical fibre cables from The People’s Republic of China (Taxation notice 2023/12).

Goods description

Goods subject to the anti-dumping duty

The public notice relates to optical fibre cables originating in 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(s) (“Goods”)

Categories of the product subject to anti-dumping duty are imported into the UK under the following UK Global Tariff (“UKGT”) commodity code:

• 8544700010

Imposition date

This public notice takes effect, and the definitive anti-dumping amount applies, from 24 October 2023.

The definitive anti-dumping measure will apply to imports of the goods concerned from 11 July 2023. The definitive measure will apply for a period of 5 years from the day after publication of this public notice, plus the period from 11 July 2023 until the date of publication of this notice.

The TRA will notify interested parties of the expiry of the anti-dumping duty in sufficient time to allow an interested party to make an application for an expiry review.

Amount of definitive anti-dumping duty

A rate of anti-dumping duty ranging from 23% to 46.2% will apply to imports of the goods from Chinese companies.

The anti-dumping duty applicable to the net, free-at-the-frontier price, before other amounts of import duty, on the goods imported into the UK from the People’s Republic of China is imposed at the rates listed in table 1.

Table 1: Definitive anti-dumping duty rates for overseas exporters

Overseas exporter/producer	Duty rate	Additional code
SDG Group	23%	8A19
Shenzhen SDG Information Co. Ltd	23%	8A19
Shenzhen SDGI Optical Network Technologies Co., Ltd.	23%	8A19

Non sampled, cooperating exporters or producers	Duty rate	Additional code
Suzhou Furukawa Power Optic Cable Co.,Ltd.	23%	8A20
Shanghai Wanbao Optical Technologies Co. Ltd	23%	8A20
Ningbo Geyida Cable Technology Co.,Ltd	23%	8A20
XDK Communication Equipment Huizhou Co., Ltd.	23%	8A20
Jiangsu Fasten Optical Cable Co., Ltd.	23%	8A20
Hengtong Optic-Electric co. Ltd.	23%	8A20
ZheJiang JinYuan WanBao Optical Fiber Co. Ltd.	23%	8A20
FibreHome Telecommunication Technologies Co Ltd	23%	8A20

All other overseas exporters (residual amount)	46.2%	8A21

Declaration required to qualify for specified overseas exporter duty amount

In order to qualify for the duty rate applicable to goods produced by an overseas exporter specified in Table 1, a valid commercial invoice with an accompanying declaration must be presented to HMRC on importation of the goods.

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):”

If an invoice is not presented or the declaration is not made, the residual amount the duty rate applicable to the goods.

Provisional measure and reimbursement

The provisional measures will be collected at the definitive duty rate of 31.5 to 47.2% dependent upon the foreign exporter. Importers should read the guidance on how to apply for a repayment of import duty and VAT if you’ve overpaid (C285) to apply for a reimbursement of the difference between the provisional and definitive duty rates, where relevant.

Investigation AD0021 - single-mode optical fibre cables from China

On 26 April 2022, the TRA initiated an investigation into an allegation of dumped optical fibre cables being imported into the UK, following an application from a UK producer (notice of initiation).

Summary of the investigation

The TRA conducted the investigation in accordance with paragraph 8(1) of Schedule 4 to the Act. The TRA considered whether the goods concerned are being dumped and whether they have caused or are causing material injury to UK industry.

Further information on the investigation can be found on the TRA’s public file.  

Determination of the TRA

With reference to paragraphs 11(5), 11(6)(a) and 17(3) of Schedule 4 to the Act, the TRA determined that:

• the goods concerned imported into the UK have been or are being dumped by certain overseas exporters from the People’s Republic of China

• the importation of the dumped goods has caused material injury to UK industry during the injury period, and that the dumped goods were the cause of that injury

The TRA determined that the economic interest test is met in relation to the application of an anti-dumping remedy, in accordance with paragraph 25(2) of Schedule 4 of the Act.

Recommendation of the TRA

The TRA recommended that the definitive measure should apply to imports of the goods concerned for a period of 5 years from the day after publication of this public notice, plus the period from 11 July 2023 until the date of publication of this notice. The TRA made the recommendation in accordance with paragraphs 17, 18 and 19 of Schedule 4 to the Act.

The TRA recommended levels of anti-dumping duty as set out in Table 1, having calculated dumping margins pursuant to paragraph 2 of Schedule 4 of the Act.