1. A provisional anti-dumping 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, whether or not connectorized, currently falling under CN code ex 8544 70 00 (TARIC codes 8544700010 and 8544700091) and originating in India.
The following products are excluded:
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cables below 500 meters in length in which all the optical fibres are individually fitted with operational connectors at one or both extremities; and
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cables for submarine use, plastic insulated, containing a copper or aluminium conductor, in which fibres are contained in metal module(s).
2. The rates of the provisional 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
Provisional anti-dumping duty
TARIC additional code
Birla Cable Ltd; Universal Cables Ltd; Vindhya Telelinks Ltd
6,9 %
89CF
Sterlite Technologies Limited; Sterlite Tech Cables Solutions Limited
11,4 %
89CG
Other cooperating companies listed in Annex
9,0 %
All other imports originating in India
11,4 %
C999
3. Anti-dumping duties are not applicable to the Indian exporting producers of the HFCL Group, consisting of HFCL Limited and HTL Limited (TARIC additional code 89CH).
4. The application of the individual 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 [country concerned]. I declare that the information provided in this invoice is complete and correct .’ Until such invoice is presented, the duty applicable to all other companies shall apply.
5. In accordance with Article 7(3) of the basic Regulation, the release for free circulation in the Union of the product referred to in paragraph 1 shall be subject to the provision of a security deposit equivalent to the amount of the provisional duty.
6. Where a declaration for release for free circulation is presented in respect of the product referred to in paragraph 1, irrespective of its origin, the cable-km of the products imported shall be entered in the relevant field of that declaration, provided this indication is compatible with Annex I to Regulation (EEC) No 2658/87.
Member States shall, on a monthly basis, inform the Commission of the number of cable-km imported under TARIC codes 8544700010 and 8544700091.
7. Unless otherwise specified, the provisions in force concerning customs duties shall apply.