13 JANUARY CUSTOMS EDITION 65

Extract from New Zealand Gazette, 18 December 2003, No. 173, pages 4762, 4763

Economic Development

Dumping and Countervailing Duties Act 1988

Dumping Investigation in Respect of Canned Peaches From Greece, 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 canned peaches from Greece and having determined a new amount of anti-dumping duty applicable to those goods, gives the following notice.

Notice

Title and commencement—(1) This notice may be cited as the “Dumping Investigation in Respect of Canned Peaches from Greece, Duty Reassessment” and shall be read together with the notices entitled “Final Determination of Dumping Investigation: Canned Peaches From Greece” dated the 9th day of March 1998 and published in the New Zealand Gazette, 19 March 1998, page 969, and “Final Determination of Dumping Investigation: Canned Peaches From Greece, Amendment No. 1 Duty Reassessment”, dated the 16th day of April 2000 and published in the New Zealand Gazette, 20 April 2000, page 935.

(2) Pursuant to section 14 (6) of the Act, the reassessed anti-dumping duty applicable to canned peaches, set out in the Second Schedule to this notice, shall apply to imports of the goods specified in the First Schedule to this notice with effect from the date of this notice. In accordance with section 14 (10) of the Act, I require the Collector of Customs to refund the difference between the duty paid and any lower duty specified in the Second Schedule to this notice, with effect from 8 January 2003, being the date of the initiation of the review that preceded the duty reassessment.

(3) The existing rate or amount of anti-dumping duty applying to imports of canned peaches into New Zealand from Greece shall cease to have effect from the date of this notice.

Schedules

New Schedule to Principal 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 for subject goods from the exporter listed in the Third Schedule to this notice, for which the Chief Executive of the Ministry of Economic Development has established Reference Price amounts(^1), the amount by which the Reference Price amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.

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 for subject goods from all other suppliers shall be the ad valorem percentage rate specified in the Third Schedule to this notice.

Third Schedule
List of Suppliers and Ad Valorem Percentage Rates

**Alternative Duty(^{*}):

Venus Growers Co-operative
| * | * | * |

*Reference price in euros per kilogram
**Reference price in NZ$ per kilogram

***Note: The alternative duty rate takes effect when exchange rates are such that the alternative duty is lower than the normal duty, and only where the normal duty is a lesser duty.

(^1) The New Zealand Customs Service holds a confidential list of the Reference Price amounts for the exporter covered by the Third Schedule to this notice. Venus Growers Co-operative also holds the confidential Reference Price amounts relating to that firm.

(^2) Exporters for whom separate Reference Price amounts have not been established may lodge a request, backed by the necessary supporting evidence, that Reference Price amounts be established.

(^3) The duty payable by other exporters through the application of the specified ad valorem percentage rates cannot exceed the duty payable through the application of these Reference Price amounts. The New Zealand Customs Service holds a confidential list of such Reference Price amounts.

Dated at Wellington this 15th day of December 2003.

LIANNE DALZIEL, Minister of Commerce.

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 Manager, Trade Remedies Group, Ministry of Economic Development, P.O. Box 1473, Wellington.

go8451

Subsidy Investigation in Respect of Canned Peaches From the European Union, 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 countervailing duty in respect of imports into New Zealand of canned peaches from the European Union and having determined a new amount of countervailing duty applicable to those goods, gives the following notice.