66 NEW ZEALAND GAZETTE No. 2

Notice

Title and commencement—(1) This notice may be cited as the “Subsidy Investigation in Respect of Canned Peaches from the European Union, Duty Reassessment” and shall be read together with the notices entitled “Final Determination of Subsidy Investigation: Canned Peaches From the European Union” dated the 9th day of January 1998 and published in the New Zealand Gazette, 22 January 1998, page 131, and “Final Determination of Subsidy Investigation: Canned Peaches From the European Union, 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 countervailing 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 1998, being the date of the initiation of the review that preceded the duty reassessment.

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

Schedules

New Schedule to Principal Notice

First Schedule

Goods Subject to Determination

Countries of Origin
Member states of the European Union

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 Countervailing Duty

The amount of countervailing duty to be paid on demand in respect of each importation of canned peaches, imported or intended to be imported into New Zealand from the European Union, shall be for subject goods from the exporters 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 countervailing duty to be paid on demand in respect of each importation of canned peaches, imported or intended to be imported into New Zealand from the European Union for subject goods from all other suppliers shall be the ad valorem percentage rates specified in the Third Schedule to this notice.

Third Schedule

List of Suppliers

**Alternative Duty***

| | Greece |
| Venus Growers Co-operative | | |
| | Spain |
| Manuel Garcia Campoy SA | | |

*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 exporters covered by the Third Schedule to this notice. Venus Growers Co-operative and Manuel Garcia Campoy SA also hold the confidential Reference Price amounts relating to those firms.

(^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.

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