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, whether or not connectorised, currently falling under CN code ex 8544 70 00 (TARIC codes 8544 70 00 10 and 8544 70 00 91) and originating in India.
The following products are excluded
—
cables below 500 metres in length in which all the optical fibres are individually fitted with operational connectors at one or both extremities, and
—
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 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
Birla Cable Ltd; Universal Cables Ltd; Vindhya Telelinks Ltd
5,4 %
89CF
Sterlite Technologies Limited; Sterlite Tech Cables Solutions Limited
3,7 %
89CG
HFCL Limited; HTL Limited
8,1 %
89CH
Other cooperating companies listed in the Annex
5,8 %
See Annex
All other imports originating in India
8,1 %
C999
3. 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 in unit we are using) 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 India. I declare that the information provided in this invoice is complete and correct.’ Until such invoice is presented, the duty applicable to all other imports originating in India shall apply.
4. 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.
5. Member States shall, on a monthly basis, inform the Commission of the number of cable-km imported under CN code ex 8544 70 00 (TARIC codes 8544 70 00 10 and 8544 70 00 91).
6. Unless otherwise specified, the provisions in force concerning customs duties shall apply.
7. 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.