5 AUGUST

CUSTOMS EDITION

2355

Extract from New Zealand Gazette, 31 July 2003, No. 89, page 2280

Economic Development

Dumping and Countervailing Duties Act 1988

Final Determination: Dumping Investigation in Respect of Hog Bristle Paintbrushes From China, Amendment No. 3 (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 hog bristle paintbrushes from China and having determined a new amount of 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 Hog Bristle Paintbrushes from China, Amendment No. 3”, and shall be read together with and deemed part of the notice entitled “Final Determination”, dated on the 31st day of May 1988 and published in the New Zealand Gazette, 2 June 1988, page 2228 (hereinafter referred to as the principal notice).

(2) Pursuant to section 14 (6) of the Act, the reassessed anti-dumping duty applicable to complete paintbrushes, set out in the Second Schedule to this notice, shall apply to imports of the goods (except for paintbrush heads) specified in the First Schedule to this notice with effect from 25 October 2002, being the date of the initiation of the review that preceded the duty reassessment. In accordance with section 14 (10) of the Act, Customs is required to refund the difference between the duty paid and any lower duty specified in the Second Schedule to this notice. Where there is a difference between the duty paid and any higher duty specified in the Second Schedule, there will be no liability for the payment of this difference.

(3) Pursuant to section 14 (6) of the Act, the rates of anti-dumping duty established for paintbrush heads, set out in the Second Schedule to this notice, shall apply to imports of the goods (except for complete paintbrushes) specified in the First Schedule to this notice with effect from the day after the date of this notice.

2. Amendment to anti-dumping duty applicable—The principal notice (as amended by the notices in New Zealand Gazette, 9 April 1992, page 1055, entitled “Final Dumping Determination (Paintbrushes), Amendment No. 1” and in New Zealand Gazette, 6 November 1997, page 3714, entitled “Final Determination: Dumping Investigation in Respect of Hog Bristle Paintbrushes From China, Amendment No. 2 (Duty Reassessment)”) is hereby amended by omitting the Schedule and substituting the Schedule to this notice.

Schedule

New Schedule to Principal Notice

First Schedule

Goods Subject to Determination

Country of Origin

The People’s Republic of China

Description of Goods

Hog bristle paintbrushes for household or industrial use*

*Note: This description includes hog bristle paintbrush heads. The goods are currently classified under Tariff Item and Statistical Keys 9603.40.00.02D and 9603.40.00.11C 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 the subject goods shall be the amount by which the Non-Injurious Free on Board or Normal Value (Value for Duty Equivalent) amounts in respect of the listed sizes by group1 as set out below exceed the New Zealand Value for Duty of the goods when entered for home consumption.

Normal Value (Value for Duty Equivalent) and Non-Injurious Free on Board Amounts per Complete Paintbrush

**Alternative Duty***

Normal Value (Value for Duty Equivalent) and Non-Injurious Free on Board Amounts per Paintbrush Head

**Alternative Duty***

*Non-Injurious-Free-On-Board amount in New Zealand dollars.

**Normal Value (Value for Duty Equivalent) amount in Chinese renminbi.

***Note: An alternative duty rate has been set at the NV(VFDE) rate which should be applied instead of the NIFOB rate where the NIFOB duty amount calculated exceeds the NV(VFDE) amount due to exchange rate fluctuations.