24 MARCH CUSTOMS EDITION 1003

Extract from New Zealand Gazette, 19 March 1998, No. 42, pages 969–971

Commerce

Dumping and Countervailing Duties Act 1988

Final Determination of Dumping Investigation: Canned Peaches From Greece

Pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 (“the Act”), I hereby give notice that I have made a determination that, in relation to the importation or intended importation of the goods specified in the First Schedule to this notice, (“the subject goods”):—

(a) The subject goods are being dumped; and

(b) By reason thereof material injury to the New Zealand canned peaches industry has been or is being caused.

Notice is also hereby given that, acting pursuant to subsections 14 (1) and 14 (4) of the Act, I have determined the amount of anti-dumping duty to be imposed on the subject goods to be the amount set out in the Second Schedule to this notice and detailed in the Third, Fourth and Fifth Schedules to this notice.

FIRST SCHEDULE

Goods Subject to Determination

Country of Origin
Greece.

Description of Goods
Peaches (halves, slices and pieces) packed in retail sized cans.

The goods are currently classified under Tariff Item and Statistical Key 2008.70.09 00L of the Tariff of New Zealand, which classification is provided for convenience and Customs purposes only, the written description being dispositive.

SECOND SCHEDULE

Amount of Anti-Dumping Duty

The amount of anti-dumping duty to be paid on demand in respect of each importation of canned peaches, imported or intended to be imported into New Zealand from Greece, shall be:

A. For subject goods from the suppliers and exporters listed in the Third Schedule to this notice, for which the Secretary of Commerce has established Normal Value (Value For Duty Equivalent) amounts, the amount by which the Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.

B. For subject goods from the suppliers and exporters listed in the Third Schedule to this notice, for which the Secretary of Commerce has not established a Normal Value (Value For Duty Equivalent) amount, the rate of duty represented by the weighted average dumping margin established from the Normal Value (Value For Duty Equivalent) amounts by the Secretary of Commerce for that supplier or exporter.

C. For subject goods from the suppliers and exporters listed in the Fourth Schedule to this notice, a rate of duty of 0 percent ad valorem.

D. For all other subject goods, a rate of duty as set out in the Fifth Schedule to this notice, being the weighted average margin of dumping established by the Secretary of Commerce for those suppliers and exporters listed in the Third Schedule to this notice.

THIRD SCHEDULE

List of Suppliers and Exporters

Suppliers and Exporters for which Normal Value (Value For Duty Equivalent) amounts, have been established for types of the subject goods, are:

Vermion Naoussa Food Processing Factory.

FOURTH SCHEDULE

List of Suppliers and Exporters

Suppliers and Exporters determined not to have been dumping:

Association of Co-operatives (A.I.M.M.E).

FIFTH SCHEDULE

Rate of duty for other suppliers

The rate of duty established for the type of goods in this category is:

17 percent ad valorem.

1 The Normal Value (Value For Duty Equivalent) is the sum of the Normal Value established in the investigation, and any relevant adjustments made in accordance with section 4 (1) (a) of the Act in order to establish the export prices.

2 The New Zealand Customs Service holds a confidential list of the Normal Value (Value For Duty Equivalent) amounts and weighted average dumping margins for importation purposes, for the suppliers and exporters listed in the Third Schedule to this notice.

Amended lists of Normal Value (Value For Duty Equivalent) amounts may be issued from time to time by the Secretary of Commerce.

3 Suppliers and exporters for which Normal Value (Value For Duty Equivalent) amounts have not been established, may lodge a request, backed by the necessary supporting evidence, that Normal Value (Value For Duty Equivalent) amounts be established.

Similarly, the exporters and suppliers listed in the Third Schedule to this notice may request the establishment of additional Normal Value (Value For Duty Equivalent) amounts.

Dated at Wellington this 9th day of March 1998.

JOHN LUXTON, Minister of Commerce.

Note:

Normal Value (Value For Duty Equivalent) amounts established by the Secretary of Commerce following the types of requests outlined in footnote 3 of the above notice, will be advised to exporters or suppliers concerned, and to the New Zealand Customs Service.

Public notice of the establishment of additional or updated Normal Value (Value For Duty Equivalent) amounts will be given as necessary by notice in the New Zealand Gazette.

A copy of the non-confidential version of the Final Report which contains details of the investigation and the conclusions reached, is available from the Manager, Trade Remedies Group, Ministry of Commerce, P.O. Box 1473, Wellington.