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

Article 1

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 ex 8544 70 00 (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: Company Definitive countervailing duty TARIC 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 % C697 Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex I 7,8 %   Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation listed in Annex II 10,3 %   All other companies 10,3 % 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  ( 157 ) . 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.

Article 2

Commission Implementing Regulation (EU) 2021/2011  ( 158 ) is amended as follows: (1) Article 1(2) is replaced by the following: ‘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: Company Definitive anti-dumping duty TARIC 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 % C697 Other companies cooperating in both anti-subsidy and anti-dumping investigation listed in Annex I 23,4 %   Other companies cooperating in the anti-dumping investigation but not in the anti-subsidy investigation listed in Annex II 20,9 %   All other companies 33,7 % C699’ (2) a new Article 1(7) is inserted: ‘7.   Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2022/72  ( *1 ) 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. ( *1 )   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 ( OJ L 12, 19.1.2022, p. 34 )’;" (3) a new Article 1(8) is inserted: ‘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.’; (4) Annex I is replaced by Annexes I and II to this Regulation.

Article 3

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

Other companies cooperating in both anti-subsidy and anti-dumping investigation

ANNEX ISupplementary provisions

ANNEX I Other companies cooperating in both anti-subsidy and anti-dumping investigation Name of the company TARIC additional code Dongjie Optical Technology (Suzhou) Co., Ltd C700 Fasten Group:   Jiangsu Fasten Optical Communication Technology Co., Ltd   Jiangsu Fasten Optical Cable Co., Ltd C701 Hangzhou Futong Communication Technology Co., Ltd C702 Hangzhou Tuolima Network Technologies Co., Ltd C703 Jiangsu Etern Co., Ltd C704 Jiangsu Hengtong Group:   Hengtong Optic-Electric Co., Ltd   Guangdong Hengtong Optic-electronical Technology Co., Ltd   Jiangsu Hengtong Smart Grids Co., Ltd   Zhejiang Dongtong Optical Network and IOT Technology Co., Ltd C705 Jiangsu Tongguang Optical Fiber Cable Co., Ltd C706 LEONI Cable (China) Co., Ltd C707 Nanjing Huamai Technology Co., Ltd C708 Ningbo Geyida Cable Technology Co., Ltd C709 SDG group: — Shenzhen SDG Information Co., Ltd — Shenzhen SDGI Optical Network Technologies co., Ltd C725 Shanghai Qishen International Trade Co., Ltd C712 Shenzhen Wanbao Optical Fiber Communication Co., Ltd C713 Sichuan Huiyuan Optical Communications Co., Ltd C714 Suzhou Furukawa Power Optic Cable Co., Ltd C715 Suzhou Torres Optic-electric Technology Co., Ltd C716 Twentsche (Nanjing) Fibre Optics Ltd C717 XDK Communication Equipment (Huizhou) Ltd C718 Yangtze Optical Fibre and Cable group: — Yangtze Optical Fibre and Cable Joint Stock Limited Company — Yangtze Optical Fibre and Cable (Shanghai) Company Ltd — Yangtze Zhongli Optical Fibre and Cable (Jiangsu) Co., Ltd — Sichuan Lefei Optoelectronic Technology Company Limited — Everpro Technology Company Limited C719

Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation

ANNEX IISupplementary provisions

ANNEX II Other companies cooperating in anti-dumping investigation but not in anti-subsidy investigation Name of the company TARIC additional code Anhui Tianji Information Technology Co., Ltd C698 Prysmian Wuxi Cable Co., Ltd C710