11 NOVEMBER
NEW ZEALAND GAZETTE
3365

3. Consequential revocation—The notice entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 1**, is hereby revoked.

4. Savings—In respect of the goods subject to the principal notice that are imported under contracts entered into prior to the date of this notice, for a period of one year from the day after the date on which this notice is published in the New Zealand Gazette, the principal notice shall apply as if this notice had not been made.

• Published in the New Zealand Gazette of 15 June 1989 at page 2596.

** Amendment No. 1 published in the New Zealand Gazette of 8 February 1990 at pages 384/385.

Dated at Wellington this 3rd day of November 1993.

PHILIP BURDON, Minister for Commerce.

Schedule

New Schedule to Principal Notice Substituted

"Schedule

Formula for the Calculation of Amount of Anti-Dumping Duty

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 being the lesser of A and B calculated in accordance with the following formula:

A = [(RSP × 1.035) + NZ$182] – 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.

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

“Normal value”, in respect of each such country is that listed beside that country as follows:

Country of Origin Normal Value
Belgium US$868.42 per tonne
Denmark US$857.76 per tonne
The Netherlands US$867.10 per tonne

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 Commerce dated 7 June 1989 (as amended by the notice given by the Minister of Commerce dated 30 January 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;

(e) Changing the amount of the normal value in the formula from US$741 to US$867.10 for The Netherlands, from US$747 to US$868.42 for Belgium, and from US$824 to US$857.76 for Denmark; and

(f) Amending the principal notice under section 25 (j) of the Acts Interpretation Act 1924 to correct the omission of goods exported from companies other than August Topfer and Co GMBH and Hottlet Sugar Trading NV.

go9601

Mining Act 1971

Forfeiture of Mining Privilege

Pursuant to section 118 of the Mining Act 1971, and in accordance with a delegation from the Minister of Energy dated the 2nd day of May 1992, I hereby declare the mining privilege described in the Schedule hereto to be forfeited.

Schedule

Type of Privilege: Mining licence 32 3039.

Registered Number: 088195.

Registered Office: Westland.

Name of Holders: J. T. and S. J. Thorp.

Dated at Wellington this 26th day of October 1993.

M. J. BELGRAVE, Secretary of Commerce.

go9461
15/1CL