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Core Purpose

Corrigendum notification correcting typographical errors in paragraphs 185, 266(v), 266(x) and Table G9 of the Final Findings in the anti-dumping investigation concerning imports of Dispersion Unshifted Single-mode Optical Fiber from China, Indonesia and Korea RP.

Detailed Summary

The Ministry of Commerce and Industry (Department of Commerce, Directorate General of Trade Remedies) issued a Corrigendum Notification dated 30 June 2023 (Case No. AD(OI)-01/2022, F. No. 6/1/2022-DGTR) under the Customs Tariff Act, 1975 and the Customs Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Dumped Articles and for Determination of Injury) Rules, 1995, concerning the anti-dumping investigation into imports of 'Dispersion Unshifted Single-mode Optical Fiber' (SMOF) originating in or exported from China, Indonesia and Korea RP. The Designated Authority had issued Final Findings Notification No. 6/1/2022 dated 5 May 2023, in which minor typographical errors were noticed in paragraphs 185, 266(v) and 266(x) and Table G9. The corrigendum substitutes Paragraph 185 and Table G9 with a revised table of financial parameters (cost of sales, selling price, profit/loss, PBIT, cash profits and ROCE, indexed for 2018-19 to the Period of Investigation) for the domestic industry (Applicant) and Supporter. It substitutes sub-paragraph (v) of Paragraph 266 on dumping margin, confirming that three producers from China PR -- Futong, Fasten Group and Sterlite China -- participated and were found to have positive dumping margins, while no producers from Korea RP or Indonesia participated, with dumped prices found under Rule 6(8) of the AD Rules, 1995. It also substitutes sub-paragraph (x) of Paragraph 266 on injury margin, confirming positive injury margins for participating Chinese exporters (per Annexure-III and Rule 17(3)(b) of the AD Rules) and for non-participating producers from Korea RP and Indonesia under Rule 6(8). The notification was signed by Anant Swarup, Designated Authority.

Full Text

EXTRAORDINARY PART I —Section 1 PUBLISHED BY AUTHORITY No. 162] NEW DELHI, FRIDAY, JUNE 30, 2023/ASHADHA 9, 194 5 CG-DL-E-01072023-246921 19 2019 - 20 2020 - म *** *** *** *** म *** *** *** *** म *** *** *** *** म *** *** *** *** म *** *** *** *** म *** *** *** *** म *** (***) (***) (***) म *** (***) (***) (***) म *** (***) (***) (***) (***) (***) (***) MINISTRY OF COMMERCE AND INDUSTRY (Department of Commerce ) (DIRECTORATE GENERAL OF TRADE REMEDIES ) CORRIGENDUM NOTIFICATION New Delhi , the 30th June, 2023 Case No. AD(OI) - 01/2022 Subject : Anti -dumping investigation concerning imports of "Dispersion Unshifted Single -mode Optical Fiber" (SMOF") originating in or exported from China, Indonesia and Korea RP F. No. 6/1/2022 -DGTR .–1. Having regard to the Customs Tariff Act,1975 as amended fro m time t o time (hereinafter referred to as the "Act") and the Customs Tariff (Identification, Assessment and Collection of Duty or Additional Duty on Dumped Articles and for Determination of Injury) Rules, 1995, as amended from time to time, thereof, the D esignate d Authority has issued the Final Findings Notification No. 6/1/2022 dated 5th May 2023 in respect of the Anti -dumping investigation concerning imports of "Dispersion Unshifted Single -mode Optical Fiber" (SMOF") originating in or exported from China , Indone sia and Korea RP. 2. Few minor typographical errors were noticed in the aforementioned Final Findings. Thus, in supersession the previous notification, insofar as paragraphs 185, 266(v) and 266(x) of the final findings are concerned, Paragraphs 185, 2 66(v) , 266(x) and Table G9 of the final findings stand substituted as mentioned below. 3. In place of Paragraph 185 and Table G9 of the Final Findings Notification No. 6/1/2022 dated 5th May 2023, the following stands substituted: ‘185. The following table la ys down the figures pertaining to the financial parameters of the domestic industry and the supporter: SN Particulars Unit 2018 -19 2019 -20 2020 -21 POI A COST OF SALES 1 Cost of sales – Applicant Rs./FKM *** *** *** *** Trend Index 100 105 68 60 2 Cost of Sales – Supporter Rs./FKM *** *** *** *** Trend Index 100 80 65 65 3 Cost of sales - Applicant + Supporter Rs./FKM *** *** *** *** Trend Index 100 87 65 63 B SELLING PRICE 1 Selling Price – Applicant Rs./FKM *** *** *** *** Trend Index 100 65 56 54 2 Selling Price - Supporter Rs./FKM *** *** *** *** Trend Index 100 72 56 55 3 Selling Price - Applicant + Supporter Rs./FKM *** *** *** *** Trend Index 100 69 55 56 C PROFIT/(LOSS) 1 Profit/(Loss) – Applicant Rs./FKM *** (***) (***) (***) Trend Index 100 (407) (88) (5) 2 Profit/(Loss) – Supporter Rs./FKM *** (***) (***) (***) Trend Index 100 (25) (69) (85) 3 Profit/(Loss) - Applicant + Supporter Rs./FKM *** (***) (***) (***) Trend Index 100 (160) (71) (34) 4 Profit/(Loss) – Applicant Rs. Lacs *** (***) (***) (***) Trend Index 100 (167) (50) (13) 5 Profit/(Loss) – Supporter Rs. Lacs *** (***) (***) (***) Trend Index 100 (19) (79) (32) 6 Profit/(Loss) - Applicant + Supporter Rs. Lacs *** (***) (***) (***) Trend Index 100 (95) (64) (22) D PBIT 1 PBIT – Applicant Rs. Lacs *** (***) (***) *** Trend Index 100 (118) (26) 16 2 PBIT – Supporter Rs. Lacs *** (***) (***) (***) Trend Index 100 (18) (77) (32) 3 PBIT - Applicant + Supporter Rs. Lacs *** *** *** *** Trend Index 100 (73) (49) (5) E Cash Profits 1 Cash Profits – Applicant Rs. Lacs *** (***) *** *** Trend Index 100 (63) 0 29 2 Cash Profits – Supporter Rs. Lacs *** *** (***) (***) Trend Index 100 0 (42) (11) 3 Cash Profits - Applicant + Supporter Rs. Lacs *** (***) (***) *** Trend Index 100 (40) (15) 10 F ROCE 1 ROCE – Applicant % *** (***) (***) *** Trend Index 100 (134) (32) 4 2 ROCE – Supporter % *** (***) (***) (***) Trend Index 100 (20) (68) (60) 3 ROCE - Applicant + Supporter % *** (***) (***) (***) Trend Index 100 (83) (49) (8) Table G9 ’ 4. In place of sub-paragraph (v) of Paragraph 266 of the Final Findings Notification No. 6/1/2022 dated 5th May 2023, the following stands substituted: ‘(v). Dumping margin: Three producers from China PR namely Futong, Fa sten Group and Sterlite China had participated in the investigation. Based on the information provided by such exporters and the constructed normal value, the dumping margins for the above three exporters were determined to be positive. None of the produce rs from Korea RP and Indonesia participated in the investigation and after con sidering the facts available on record in terms of Rule 6(8) of the AD Rules, 1995, imports from these subject countries were also found to be at dumped prices.’ 5. In place of sub-paragraph (x) of Paragraph 266 of the Final Findings Notification No. 6/1/2022 dated 5th May 2023, the following stands substituted: ‘(x). Injury Margin: Upon comparison of the non – injurious price determined as per Annexure – III to the AD Rules, 1995 and the landed value of subject imports from the subject countries as required under Rule 17 (3) (b) to the AD Rules, the injury margins for all participating exporters from China PR were determined to be positive. Apart from the above three producers, no other producer from China PR participated. None of the producers from Korea RP and Indonesia participated in the investigation and after considering the facts available on record in terms of Rule 6(8) of the AD Rules, 1995, the injury margin for imports fr om these subject countries was also determined to be positive.’ ANANT SWARUP , Designated Authority Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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