3364

NEW ZEALAND GAZETTE

No. 166

A and B calculated in accordance with the following formula:
A = [(RSP × 1.035) + Cost Difference] — Export Price
B = Normal Value — Export Price

WHERE:
“RSP” is the Raw Sugar Price per tonne, established as follows:

(a) Where the refined sugar is purchased under a fixed price contract, then the RSP shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the contract; or

(b) Where the refined sugar is purchased under a variable price contract with the raw sugar component of the final contract price being variable according to the date the option to purchase is exercised, then the RSP shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the exercise of the purchase option.

“Cost difference” in respect of each such country is that listed beside that country as follows:

“Export Price” is the price paid or payable per tonne.

“Normal Value” in respect of each such country is that listed beside that country (or, in respect of Malaysia, that company) as follows:

where x and y are values supplied to New Zealand Customs, but are confidential to the companies concerned.

BUT WHERE either A or B yields a value 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, as are the normal values). The exchange rate applicable for converting any such unit of currency into New Zealand dollars shall be the rate as gazetted by New Zealand Customs in the appropriate Customs Exchange Rate Notice, applying at the date of importation.”

Explanatory Note:
This notice is not part of the notice, but is intended to indicate its general effect.

This notice amends the principal notice given by the Minister of Customs on 9 November 1988 (as amended by the notice given by the Minister of Customs on 22 February 1990) by:

(a) Requiring the Raw Sugar Price to be determined by reference to the New York Coffee, Sugar & Cocoa Exchange instead of the London Futures & Options Exchange;

(b) Requiring the establishment of the Raw Sugar Price on the following basis:

(i) Where the refined sugar is purchased under a fixed price contract, then the Raw Sugar Price shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the contract; or

(ii) Where the refined sugar is purchased under a variable price contract with the raw sugar component of the final contract price being variable according to the date the option to purchase is exercised, then the Raw Sugar Price shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the exercise of the purchase option;

(c) Changing the conversion factor applying to the Raw Sugar Price from 1.05 to 1.035;

(d) Changing the amount of the cost difference in the formula from NZ$145 to NZ$182 for Germany, from NZ$184 to NZ$209 for Malaysia, and from NZ$152 to NZ$205 for Thailand; and

(e) Changing the amount of the normal value in the formula from US$901 to US$865.76 for Germany, from US$460 to US$507.78 for Thailand, and from US$396 to US$436.74 (less confidential deductions held by New Zealand Customs) for Malaysia.

go9596

Notice of Reassessment of Anti-Dumping Duty on Refined Sugar From The Netherlands, Belgium and Denmark

Pursuant to subsections 14(2), 14(3A) (as inserted by subsection 10(2) of the Dumping and Countervailing Duties Amendment Act 1990) of the Dumping and Countervailing Duties Act 1988, and pursuant to paragraph (j) of section 25 of the Acts Interpretation Act 1924 (as inserted by section 2 of the Statutes Amendment Act 1936), the Minister of Commerce gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 2.

(2) This notice shall be read with and deemed part of the notice dated 7 June 1989 and entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark* (hereinafter referred to as the principal notice).

(3) Subject to clause 4 of this notice, this notice shall come into force on the day after the date on which it is published in the New Zealand Gazette.

2. Principal notice amended—(1) The principal notice is hereby amended by omitting the words “exported by August Topfer and Co GMBH from The Netherlands, Belgium and Denmark, and by Hottlet Sugar Trading NV from Belgium,” in both places where they occur and substituting the words “exported from The Netherlands, Belgium, or Denmark”.

(2) The principal notice is hereby further amended by omitting the Schedule (as substituted by the notice dated 30 January 1990 and entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 1**) and substituting the Schedule set out in the Schedule to this notice.