23 NOVEMBER
NEW ZEALAND GAZETTE
4047

Determination: Dumping Investigation in respect of Plasterboard from Thailand, Amendment No. 1" and by the notice in the New Zealand Gazette of 18 April 1991 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 2 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 11 May 1995 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 3 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 7 March 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 4 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 4 July 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)" is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The second principal notice (as amended by the notice in the New Zealand Gazette of 4 July 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)") is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The third principal notice (as amended by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)") is hereby revoked.

3. Consequential revocation—The notice entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)", and published in the New Zealand Gazette of 30 September 1999, is hereby revoked.

Schedule

New Schedules to Principal Notices

Second Schedule

Amount of Anti-dumping Duty

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

(a) For subject goods from the suppliers and exporters listed in the Third Schedule to this notice, the amount per square metre by which the Non-Injurious-Free-On-Board amount or Normal Value Equivalent amount¹ exceeds the Thai Producer Value.²

(b) For all other suppliers of subject goods, the rate of duty set out in the Fourth Schedule to this notice.³

Third Schedule

List of Thai Producers

Thai producers, being suppliers and exporters, for which Non-Injurious-Free-On-Board and Normal Value Equivalent amounts have been established for the subject goods, are:

SCT Co Limited.

Thai Gypsum Products Public Company Limited.

Fourth Schedule

Rate of Duty for Other Suppliers

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

58 percent ad valorem of the Thai Producer Value.

¹ The Non-Injurious-Free-On-Board amount for exports by SCT Co Limited is NZ$1.71 per square metre for imports by Sigma Agencies Limited. The New Zealand Customs Service holds the Normal Value Equivalent amount established for imports from SCT Co Limited by importers other than Sigma Agencies Limited.

² The Non-Injurious-Free-On-Board amount for imports from SCT Co Limited by importers other than Sigma Agencies Limited is confidential. The New Zealand Customs Service holds the Normal Value Equivalent amount established for imports from SCT Co Limited by importers other than Sigma Agencies Limited.

³ The Thai Producer Value of the goods is the price when sold at arm’s length by the Thai producer on an FOB basis, exclusive of any agent’s or reseller’s fees, margins or commissions or other similar charges.

Suppliers and exporters for which a specific duty amount has not been established, may lodge a request for a reassessment, backed by the necessary supporting evidence, that either Non-Injurious-Free-On-Board or Normal Value Equivalent amounts be established.

Dated at Wellington this 19th day of November 2000.

HON PAUL SWAIN, Minister of Commerce.

Note:

Where an interested party considers that there has been a change in relevant values of the factors used in calculating either Non-Injurious-Free-On-Board or Normal Value Equivalent amounts, an application may be made for a reassessment. If the reassessment establishes that the anti-dumping duties paid exceeded the margin of dumping, then refunds of the additional amount of duty paid may be made.

Public notice of the establishment of additional or updated Non-Injurious-Free-On-Board and Normal Value 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 reassessment and the conclusions reached, is available from the Trade Remedies Group, Competition and Enterprise Branch, Ministry of Economic Development, P.O. Box 1473, Wellington.

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Imposition of Anti-Dumping Duties

On 27 September 2000, pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 (“the Act”), I made a final determination that in relation to the importation or intended importation of the goods specified in the First Schedule to this notice (the “subject goods”), the subject goods were dumped and by reason thereof material injury to the New Zealand industry was being threatened.

Notice is 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, with effect from 28 September 2000, on the subject goods to be the amount set