China: MOFCOM Issues Ruling on China’s First Anti-Circumvention Investigation
Published 9 September 2025
Xia Yu
On 3 September 2025, the Ministry of Commerce of the People’s Republic of China (MOFCOM) rendered a ruling in China’s first anti-circumvention investigation. This investigation was initiated on 4 March 2025, pursuant to an application filed by Yangtze Optical Fiber and Cable Joint Stock Limited Company (“YOFC”) concerning Certain Cut-off Shifted Single-mode Optical Fiber (G.654.C Optical Fiber) originating in the United States (“Products Subject to Anti-Circumvention Measures”), which allegedly circumvented the anti-dumping measures imposed on Dispersion Unshifted Single-Mode Optical Fiber originating in the United States (“Products Subject to Anti-Dumping Measures”). Based on the findings of the investigation, MOFCOM ruled that U.S. optical fiber producers and exporters, by altering their trade patterns to export the Products Subject to Anti-Circumvention Measures to China, lacked sufficient commercial justification, undermined the effectiveness of the existing anti-dumping measures, and thereby constituted circumvention of the anti-dumping measures applicable to the Products Subject to Anti-Dumping Measures.
The anti-dumping measures at issue originated from Announcement No. 17 issued by MOFCOM on 21 April 2011, which imposed anti-dumping duties on the Products Subject to Anti-Dumping Measures effective 22 April 2011, for a period of five years. Upon expiry, the measures were extended for an additional five years, with adjusted duty rates ranging from 33.3% to 78.2% in 2018. On 21 April 2023, MOFCOM decided to further extend the measures until 21 April 2028, maintaining the duty rates as follows: Corning Incorporated at 37.9%, OFS Fitel, LLC at 33.3%, Drake Communications Americans, Inc. at 78.2%, and all other U.S. companies at 78.2%.
The Products Subject to Anti-Dumping Measures, namely G.652 optical fiber or G.652 single-mode optical fiber, feature both 1550nm and 1310nm wavelength windows. The attenuation ranges from 0.3–0.4 dB/km in the 1310nm window and 0.19–0.25 dB/km in the 1550nm window. The Products Subject to Anti-Circumvention Measures constitute a subclass of G.654 optical fiber or G.654 single-mode optical fiber, with typical attenuation values of 0.14–0.20 dB/km in the 1550nm window and a dispersion coefficient not exceeding 20 ps/(nm×km). Both product types fall the Tariff Code 90011000 under the Customs Import and Export Tariffs of the People’s Republic of China (“Customs IE Tariffs”), yet belong to distinct subcategories. Evidence submitted by YOFC in support of its application demonstrated a significant decline in the volume of products declared under the tariff code corresponding to the Products Subject to Anti-Dumping Measures, while volumes under the code for the Products Subject to Anti-Circumvention Measures increased substantially. Following investigation, MOFCOM determined that U.S. optical fiber producers and exporters leveraged the high degree of compatibility, similarity, and substitutability between the two product types. By altering the customs tariff codes used for declaration, they shifted exports from products that would have been classified as Products Subject to Anti-Dumping Measures to those classified as Products Subject to Anti-Circumvention Measures, thereby circumventing the higher anti-dumping duties.
Based on the findings of the investigation, MOFCOM proposed to the Customs Tariff Commission of the State Council an adjustment to the scope of the applicable duties. Pursuant to the relevant provisions of Article 49 of the Foreign Trade Law of the People’s Republic of China, Article 54 of the Tariff Law of the People’s Republic of China, and Article 55 of the Anti-Dumping Regulation of the People’s Republic of China, the Customs Tariff Commission decided to extend the current anti-dumping duty rates applicable to the Products Subject to Anti-Dumping Measures to the Products Subject to Anti-Circumvention Measures, effective from 4 September 2025 to 21 April 2028. The Products Subject to Anti-Circumvention Measures fall under Tariff Code 90011000 of the Customs IE Tariffs. Other products under this tariff code are not subject to these anti-circumvention measures.
The applicant in China’s first anti-circumvention investigation, YOFC, is a global leader in the optical fiber and cable industry. Its major products include both the Products Subject to Anti-Dumping Measures and the Products Subject to Anti-Circumvention Measures. The announcement of this ruling is conducive to protecting the domestic industry, including YOFC, and further consolidating YOFC’s position and influence in the sector. Additionally, the public comment period for the MOFCOM’s Draft Rules on Anti-Circumvention Investigations in Trade Remedy Measures has recently concluded on 29 August 2025. The closely timed release of this anti-circumvention ruling signals an increase in such investigations in China in the near future.
The anti-dumping measures at issue originated from Announcement No. 17 issued by MOFCOM on 21 April 2011, which imposed anti-dumping duties on the Products Subject to Anti-Dumping Measures effective 22 April 2011, for a period of five years. Upon expiry, the measures were extended for an additional five years, with adjusted duty rates ranging from 33.3% to 78.2% in 2018. On 21 April 2023, MOFCOM decided to further extend the measures until 21 April 2028, maintaining the duty rates as follows: Corning Incorporated at 37.9%, OFS Fitel, LLC at 33.3%, Drake Communications Americans, Inc. at 78.2%, and all other U.S. companies at 78.2%.
The Products Subject to Anti-Dumping Measures, namely G.652 optical fiber or G.652 single-mode optical fiber, feature both 1550nm and 1310nm wavelength windows. The attenuation ranges from 0.3–0.4 dB/km in the 1310nm window and 0.19–0.25 dB/km in the 1550nm window. The Products Subject to Anti-Circumvention Measures constitute a subclass of G.654 optical fiber or G.654 single-mode optical fiber, with typical attenuation values of 0.14–0.20 dB/km in the 1550nm window and a dispersion coefficient not exceeding 20 ps/(nm×km). Both product types fall the Tariff Code 90011000 under the Customs Import and Export Tariffs of the People’s Republic of China (“Customs IE Tariffs”), yet belong to distinct subcategories. Evidence submitted by YOFC in support of its application demonstrated a significant decline in the volume of products declared under the tariff code corresponding to the Products Subject to Anti-Dumping Measures, while volumes under the code for the Products Subject to Anti-Circumvention Measures increased substantially. Following investigation, MOFCOM determined that U.S. optical fiber producers and exporters leveraged the high degree of compatibility, similarity, and substitutability between the two product types. By altering the customs tariff codes used for declaration, they shifted exports from products that would have been classified as Products Subject to Anti-Dumping Measures to those classified as Products Subject to Anti-Circumvention Measures, thereby circumventing the higher anti-dumping duties.
Based on the findings of the investigation, MOFCOM proposed to the Customs Tariff Commission of the State Council an adjustment to the scope of the applicable duties. Pursuant to the relevant provisions of Article 49 of the Foreign Trade Law of the People’s Republic of China, Article 54 of the Tariff Law of the People’s Republic of China, and Article 55 of the Anti-Dumping Regulation of the People’s Republic of China, the Customs Tariff Commission decided to extend the current anti-dumping duty rates applicable to the Products Subject to Anti-Dumping Measures to the Products Subject to Anti-Circumvention Measures, effective from 4 September 2025 to 21 April 2028. The Products Subject to Anti-Circumvention Measures fall under Tariff Code 90011000 of the Customs IE Tariffs. Other products under this tariff code are not subject to these anti-circumvention measures.
The applicant in China’s first anti-circumvention investigation, YOFC, is a global leader in the optical fiber and cable industry. Its major products include both the Products Subject to Anti-Dumping Measures and the Products Subject to Anti-Circumvention Measures. The announcement of this ruling is conducive to protecting the domestic industry, including YOFC, and further consolidating YOFC’s position and influence in the sector. Additionally, the public comment period for the MOFCOM’s Draft Rules on Anti-Circumvention Investigations in Trade Remedy Measures has recently concluded on 29 August 2025. The closely timed release of this anti-circumvention ruling signals an increase in such investigations in China in the near future.