ADD on Dispersion Unshifted Single Mode Optical Fiber From China, Indonesia, Korea

CBIC impose ADD on Dispersion Unshifted Single Mode Optical Fiber (SMOF) originating in or exported from China PR, Indonesia and Korea RP vide Notifications No. 07/2023-Customs (ADD), Dated: 3rd August, 2023.

The Ministry of Finance (Department of Revenue) in India recently issued Notifications No. 07/2023-Customs (ADD), Dated: 3rd August, 2023 to impose an Anti-Dumping Duty (ADD) on Dispersion Unshifted Single Mode Optical Fiber (SMOF) originating from or exported from China, Indonesia, and Korea. The move aims to protect the domestic industry from the dumped imports of the subject goods from the mentioned countries.

Analysis: As per the findings of the designated authority published in the Gazette of India, it’s determined that the subject goods have been exported to India from the subject countries below normal values. This has led to material injury to the domestic industry due to dumped imports. The imposed ADD would be effective for five years and would be payable in Indian currency. It aims to remove the injury caused to the domestic industry. The anti-dumping duty varies based on the country of origin, country of export, and the producer.

Conclusion: This significant move by the Ministry of Finance aims to protect the domestic industry and promote fair trade practices. The imposition of an Anti-Dumping Duty serves to counteract the negative impact of the import of SMOF at less than normal values. By doing this, India reinforces its commitment to safeguarding its domestic industries from unfair international trade practices.

MINISTRY OF FINANCE
(Department of Revenue)

Notifications No. 07/2023-Customs (ADD) | Dated: 3rd August, 2023

G.S.R. 586(E).— Whereas in the matter of ‘Dispersion Unshifted Single – Mode Optical Fiber’ (hereinafter referred to as the subject goods) falling under chapter heading 9001 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) (hereinafter referred to as the Customs Tariff Act), originating in, or exported from China PR, Indonesia and Korea RP (hereinafter referred to as the subject countries), and imported into India, the designated authority in its final findings, vide notification No. 6/1/2022-DGTR dated the 5^th May, 2023, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 5^th May, 2023 read with corrigendum notification Case No. AD(OI) – 01/2022 under F. No. 6/1/2022-DGTR dated 30^th June, 2023, has come to the conclusion that—

(i) the subject goods have been exported to India from the subject countries below normal values;

(ii) the domestic industry has suffered material injury on account of subject imports from subject countries;

(iii) the material injury has been caused by the dumped imports of subject goods from the subject countries,

and has recommended imposition of an anti-dumping duty on the imports of subject goods, originating in, or exported from the subject countries and imported into India, in order to remove injury to the domestic industry.

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti- dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, after considering the aforesaid final findings of the designated authority, hereby imposes on the subject goods, the description of which is specified in column (3) of the Table below, falling under heading of the First Schedule to the Customs Tariff Act as specified in the corresponding entries in column (2), originating in the countries as specified in the corresponding entries in column (4), exported from the countries as specified in the corresponding entries in column (5), produced by the producers as specified in the corresponding entries in column (6), and imported into India, an anti-dumping duty at the rate equal to the amount as specified in the corresponding entries in column (7), of the said Table, namely:-

TABLE

** The product under consideration is “Dispersion Unshifted Single – Mode Optical Fiber” (“SMOF”). The product scope covers Dispersion Unshifted Fiber (G.652) and Bend insensitive single mode Fiber (G.657). Dispersion Shifted Fiber (G.653), Cut-off shifted single mode optical Fiber (G.654), and Non-Zero Dispersion Shifted Fiber (G.655 & G.656) are specifically excluded from the scope of the PUC.

*** The trading of this commodity occurs in FKM (fibre kilometre)/KFKM (1KFKM = 1000 FKM). The recommended ADD should be collected in this unit. Accordingly, steps may be taken to ensure the same.

2. The anti-dumping duty imposed under this notification shall be effective for a period of five years (unless
revoked, superseded or amended earlier) from the date of publication of this notification in the Official Gazette, and shall be payable in Indian currency.

Explanation. – For the purposes of this notification, rate of exchange applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Act.

[F. No. CBIC-190354/127/2023-TRU Section-CBEC]
RAJEEV RANJAN, Under Secy.