3400 NEW ZEALAND GAZETTE No. 167

Extract from New Zealand Gazette, 11 November 1993, No. 166, pages 3363–3364

This notice amends the principal notice given by the Minister of Customs on 9 November 1988 (as amended 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$890.1 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,” 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.

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.\n
“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: