14 JANUARY

CUSTOMS EDITION

119

Extract from New Zealand Gazette, 12 December 2002, No. 178, page 4481

Economic Development

Dumping and Countervailing Duties Act 1988

Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 9 (Duty Reassessment)

Pursuant to section 14 of the Dumping and Countervailing Duties Act 1988 (“the Act”), the Minister of Commerce, having carried out a reassessment of anti-dumping duty in respect of imports into New Zealand of certain plasterboard from Thailand and having determined a new anti-dumping duty applicable to those goods, gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 9 (Duty Reassessment), and shall be read together with and deemed part of:

   (a) The notice entitled “Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand” dated 21 December 1989 and published in the New Zealand Gazette, 11 January 1990, page 4 (hereinafter referred to as the first principal notice).

   (b) The notice entitled “Final Determination of Dumping Investigation: Certain Other Plasterboard from Thailand” dated 29 March 1996 and published in the New Zealand Gazette of 4 April 1996, page 968 (hereinafter referred to as the second principal notice).

   (c) The notice entitled “Final Determination of Dumping Investigation: 10mm Plasterboard from Thailand” dated 23 July 1996 and published in the New Zealand Gazette of 8 August 1996, page 2175 (hereinafter referred to as the third principal notice).

   (d) The notice entitled “Imposition of Anti-Dumping Duties” dated 19 November 2000 and published in the New Zealand Gazette of 23 November 2000, page 4047 (hereinafter referred to as the fourth principal notice).

   (2) Pursuant to section 14 (6) of the Act, the reassessed anti-dumping duty, set out in the Schedule to this notice, shall apply to imports of the goods specified in the First Schedule to the principal notices with effect from the day after the date of this notice. In accordance with section 14 (10) of the Act, Customs is required to refund the difference between the duty paid from the date of the initiation of the reassessment on 14 November 2001, and any lower duty specified in the Schedule to this notice. Where there is a difference between the duty paid and any higher duty specified in the Schedule, there will be no liability for the payment of this difference.

2. Amendment to anti-dumping duty applicable—The first principal notice (as amended) is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The second principal notice (as amended) is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The third principal notice (as amended) is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The fourth principal notice is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The previous amendments to the first, second and third principal notices are shown in Appendix 1 to this notice.

3. Consequential revocation—The notice entitled “Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment)” and published in the New Zealand Gazette, 23 November 2000, page 4046, 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 when imported by Elephant Plasterboard New Zealand Limited from SCT Co Limited, the amount per square metre by which the Non-Injurious-Free-On-Board amount[^1] exceeds the Thai Producer Value.[^2]

(b) For subject goods when imported by importers other than Elephant Plasterboard New Zealand Limited from SCT Co Limited, the amount per square metre by which the Normal Value Equivalent amount[^3] exceeds the Thai Producer Value.[^2]

(c) For subject goods from Thai Gypsum Products Public Company Limited, the amount per square metre by which the Normal Value Equivalent amount[^3] exceeds the Thai Producer Value.[^2]

(d) For all other suppliers[^4] of subject goods, the amount per square metre by which the Normal Value Equivalent amount[^3] exceeds the Thai Producer Value.[^2]

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

[^1]: The Non-Injurious-Free-On-Board amount for exports by SCT Co Limited for imports by Elephant Plasterboard New Zealand Limited is confidential. The New Zealand Customs Service holds the confidential Non-Injurious-Free-On-Board amount.