LegalizeCommission Implementing Regulation (EU) 2024/3014 of 13 December 2024 imposing a definitive anti-dumping duty and definitively collecting the provisional duty imposed on imports of optical fibre cables originating in India
Article 1
A definitive 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 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).
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 |
|---|---|---|
| Birla Cable Ltd; Universal Cables Ltd; Vindhya Telelinks Ltd | 2,9 % | 89CF |
| Sterlite Technologies Limited; Sterlite Tech Cables Solutions Limited | 8,8 % | 89CG |
| Other cooperating companies listed in Annex | 4,4 % | See Annex |
| All other imports originating in India | 4,5 % | C999 |
Anti-dumping duties are not applicable to the Indian exporting producer the HFCL Group, consisting of HFCL Limited and HTL Limited (TARIC additional code 89CH).
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 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 [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 imports originating in India shall apply.
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 CN code ex 8544 70 00 (TARIC codes 8544 70 00 10 and 8544 70 00 91 ).
Unless otherwise specified, the provisions in force concerning customs duties shall apply.
Should the definitive countervailing duties imposed by Article 1 of Commission Implementing Regulation (EU) 2025/1135 ([^E0001]) be modified or removed, the duties specified in paragraph 2 or in the Annexes 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.
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
The amounts secured by way of the provisional anti-dumping duty under Implementing Regulation (EU) 2024/1943 shall be definitively collected. The amounts secured in excess of the definitive rates of the anti-dumping duty shall be released.
Article 3
Article 1 (2) may be amended to add new exporting producers from India and make them subject to the appropriate weighted average anti-dumping duty rate for cooperating companies not included in the sample. A new exporting producer shall provide evidence that:
- (a) it did not export the goods described in Article 1(1) during the period of investigation (1 October 2022 to 30 September 2023);
- (b) it is not related to an exporter or producer subject to the measures imposed by this Regulation, and which could have cooperated in the original investigation; and
- (c) it has either actually exported the product concerned or has entered into an irrevocable contractual obligation to export a significant quantity to the Union after the end of the period of investigation.
Article 4
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Non-sampled Indian exporting producers that cooperated in the anti-subsidy investigation and also cooperated in the anti-dumping investigation
| Country | Name | TARIC additional code |
|---|---|---|
| India | Aberdare Technologies Private Limited | 89CI |
| India | Apar Industries Limited | 89CK |
| India | UM Cables Limited | 89CM |
| India | ZTT India Private Limited | 89CN |
[^E0001]: Commission Implementing Regulation (EU) 2025/1135 of 10 June 2025 imposing definitive countervailing duties on imports of optical fibre cables originating in the India and amending Implementing Regulation (EU) 2024/3014 imposing a definitive anti-dumping duty on imports of optical fibre cables originating in India (OJ L, 2025/1135, 11.6.2025, ELI: http://data.europa.eu/eli/reg_impl/2025/1135/oj).
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