NEW ZEALAND GAZETTE

No. 102

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Government Notices

Commerce

Dumping and Countervailing Duties Act 1988

Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures:

Refined Sugar From the Netherlands, Belgium and Denmark

I, Margaret Kerslake Shields, Acting Minister of Commerce, hereby give notice that pursuant to section 13 (1) of the Dumping and Countervailing Duties Act 1988 (hereinafter referred to as “the Act”), I have made a final determination that refined sugar (refined from sugar cane or sugar beets) exported by August Topfer and Co GMBH from The Netherlands, Belgium and Denmark, and by Hottlet Sugar Trading NV from Belgium, and imported or intended to be imported into New Zealand, is a good in respect of which I may impose an anti-dumping duty in accordance with section 14 of the Act.

I hereby give notice that I am satisfied in relation to the importation into New Zealand of the goods described above that—

(a) The goods are being dumped; and

(b) By reason thereof material injury to the New Zealand sugar industry is threatened,

and state that section 14 of the Act applies to those goods, and that there shall be charged, collected and paid on demand of the Collector an anti-dumping duty on those goods. The anti-dumping duty so imposed shall be an amount calculated in accordance with the formula specified in the Schedule to this notice.

Pursuant to section 17 (3) of the Act, I hereby determine in respect of refined sugar (refined from sugar cane or sugar beets)—

(a) That there is a history of dumping causing material injury, and that the importers of such dumped refined sugar were or should have been aware that the goods were dumped and that such dumping would cause injury; and

(b) That the material injury has been caused by substantial dumped imports of refined sugar in a relatively short period to such an extent that in order to preclude it recurring I am of the opinion that it is necessary to levy an anti-dumping duty retrospectively,

and I hereby levy an anti-dumping duty on refined sugar (refined from sugar cane or sugar beets) exported by August Topfer and Co GMBH from The Netherlands, Belgium and Denmark, and by Hottlet Sugar Trading NV from Belgium, which were entered for home consumption on or after 14 December 1988. The anti-dumping duty so levied shall, in respect of each importation of the goods, be an amount calculated in accordance with the formula specified in the Schedule to this notice.

Schedule

Formula for Calculation of Amount of Anti-Dumping Duty

The anti-dumping duty to be charged, collected and paid pursuant to this notice shall, in respect of each importation of the goods, be an amount calculated in accordance with the following formula:

(RSP × 1.05) + NZ$152) – Export Price = Anti-dumping duty where—

“RSP” is the Raw Sugar Price per tonne, to be established at date of sale of the imported refined sugar, and being—

(a) The London Daily Price for raw sugar established on a cost/insurance/freight (CIF) basis each London market day as published by the London Futures and Options Exchange; and

(b) Converted to an Free on Board and Stowed (FOBS) basis by deducting the Caribbean/UK freight rate set for that day as published by the London Futures and Options Exchange;

“Export Price” is the price paid or payable per tonne of the imported refined sugar; and

“Anti-dumping duty” is the anti-dumping duty payable per tonne of refined sugar in respect of the importation.

Where the formula yields an amount of anti-dumping duty of zero or less then no anti-dumping duty is payable.

Note: All amounts expressed in units of currency other than New Zealand dollars shall be converted to New Zealand dollars for the purposes of applying this formula (for example, the Raw Sugar Price is quoted in US dollars per tonne). The exchange rate applicable for converting any such unit of currency into New Zealand dollars shall be the rate applying on the date of sale as gazetted by the New Zealand Customs Department in the appropriate Customs Exchange Rate Notice.

Dated at Wellington this 7th day of June 1989.

MARGARET SHIELDS, Acting Minister of Commerce.

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