Notice

Trade remedies notice 2023/23: definitive anti-subsidy duty on optical fibre cables originating in the People’s Republic of China

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

Goods description

Goods subject to the anti-subsidy 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-subsidy 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-subsidy duty applies, from the day after 23 October 2023, for a period of 5 years until 23 October 2028.

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

Amount of definitive anti-subsidy duty

A rate of anti-subsidy duty ranging from 10.62% to 11.79% will apply to imports of the Goods from Chinese companies.

The anti-subsidy 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-subsidy duty rates for overseas exporters

Overseas exporter/producer	Duty rate	Additional code
SDG Group	10.62%	8B06
Shenzhen SDG Information Co. Ltd	10.62%	8B06
Shenzhen SDGI Optical Network Technologies Co., Ltd.	10.62%	8B06

Non sampled, cooperating exporters or producers	Duty rate	Additional code
Suzhou Furukawa Power Optic Cable Co.,Ltd.	10.62%	8B07
Shanghai Wanbao Optical Technologies Co. Ltd	10.62%	8B07
Ningbo Geyida Cable Technology Co.,Ltd	10.62%	8B07
XDK Communication Equipment Huizhou Co., Ltd.	10.62%	8B07
Jiangsu Fasten Optical Cable Co., Ltd.	10.62%	8B07
Hengtong Optic-Electric co. Ltd.	10.62%	8B07
ZheJiang JinYuan WanBao Optical Fiber Co. Ltd.	10.62%	8B07
FibreHome Telecommunication Technologies Co Ltd	10.62%	8B07

All other overseas exporters (residual amount)	11.79%	8B08

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 rate is the duty rate applicable to the goods.

Investigation AS0022 - single-mode optical fibre cables from China

On 26 April 2022, the TRA initiated an investigation into an allegation of subsidised 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(3) of Schedule 4 to the Act. The TRA considered whether the goods concerned are being subsidised and whether they have caused or are causing 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(4) of Schedule 4 to the Act, the TRA determined that:

• the goods concerned imported by overseas exporters from the People’s Republic of China into the UK have been or are being subsidised
• the importation of the subsidy goods has caused material injury to UK industry during the injury period, and that the subsidised 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-subsidy 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.

The TRA made the recommendation in accordance with paragraphs 17 and 18 of Schedule 4 to the Act. 

The TRA recommended levels of anti-subsidy duty as set out in Table 1.