16 MARCH

CUSTOMS EDITION

661

Extract from New Zealand Gazette, 11 March 2004, No. 26, page 610

Economic Development

Dumping and Countervailing Duties Act 1988

Termination of Dumping Investigation: Reinforcing Steel Bar and Coil From Malaysia

Notice is hereby given that, acting pursuant to section 11 of the Dumping and Countervailing Duties Act 1988 (hereinafter referred to as “the Act”), I have terminated a dumping investigation in respect of reinforcing steel bar and coil from Malaysia (the “subject goods”).

These goods are described in the Notice of Initiation of Dumping Investigation dated the 10th day of September 2003 (New Zealand Gazette, 18 September 2003, No. 132, page 3574) as “Reinforcing steel bar and coil with a diameter equal to or greater than 5mm and less than or equal to 40mm” imported or intended to be imported into New Zealand.

I have terminated the investigation in respect of the subject goods from Malaysia because I am satisfied that, under section 11 (1) (b) of the Act, there is insufficient evidence that material injury to a New Zealand industry has been or is being caused or is threatened or the establishment of a New Zealand industry has been or is being materially retarded by means of the dumping of the goods.

Dated at Wellington this 5th day of March 2004.

MARGARET WILSON, Minister of Commerce.

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Final Determination of Dumping Investigation: Reinforcing Steel Bar and Coil From Thailand

Pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 (hereinafter referred to as “the Act”), I hereby give notice that I have 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”):

(a) the subject goods are being dumped; and

(b) by reason thereof material injury to the New Zealand industry has been caused.

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 on the subject goods to be the amount set out in the Second Schedule to this notice and detailed in the Third Schedule to this notice.

First Schedule

Goods Subject to Determination

Country of Origin

Thailand

Description of Goods

Reinforcing steel bar and coil with a diameter equal to or greater than 5mm and less than or equal to 40mm.

The goods are currently classified under Tariff Item 7213.10.90 and Statistical Keys 01E and 09L, Tariff Item 7213.91.90 and Statistical Keys 01J, 05A and 09D, Tariff Item 7213.99.90 and Statistical Keys 01E, 05H and 09L, Tariff Item 7214.20.90 and Statistical Keys 01G and 05K, Tariff Item 7214.99.90 and Statistical Keys 01C, 03K, 11L, 13G and 21H, Tariff Item 7227.90.00 and Statistical Key 19H, Tariff Item 7228.30.00 and Statistical Key 19D, Tariff Item 7228.50.00 and Statistical Key 19A and Tariff Item 7228.60.00 and Statistical Key 19E of the Tariff of New Zealand, which classifications are 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 reinforcing steel bar and coil, imported or intended to be imported into New Zealand from Thailand, shall be:

A. For subject goods from the suppliers listed in the Third Schedule to this notice, for which the Chief Executive of the Ministry of Economic Development has established Non-Injurious-Free-On-Board or Normal Value (Value For Duty Equivalent) amounts1, the amount by which the Non-Injurious-Free-On-Board amount or Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.

B. For subject goods from all other suppliers, the ad valorem percentage rate specified in the Third Schedule to this notice.

Third Schedule

List of Suppliers

SCT Co. Limited

Sanwa Pty Limited

Other exporters:2

– Ad valorem percentage

– Normal Value (Value for Duty Equivalent) cap3

Alternative Duty:***

– Sanwa Pty Limited

**

13%

*Normal Value (Value For Duty Equivalent) amount in Thai baht per tonne

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

***Note: The alternative Normal Value (Value For Duty Equivalent) duty rate takes effect when exchange rates are such that it is lower than the Non-Injurious-Free-On-Board amount

1 The New Zealand Customs Service holds a confidential list of the Non-Injurious-Free-On-Board and Normal Value (Value for Duty Equivalent) amounts for the exporters covered by the Third Schedule to this notice. SCT Co. Limited and Sanwa Pty Limited also hold the confidential duty amounts relating to those companies.

2 Exporters for whom separate rates of duty have not been established may lodge a request, backed by the necessary supporting evidence, that separate rates of duty be established.

3 The duty payable by other exporters through the application of the specified ad valorem percentage rate cannot exceed the duty payable through the application of this Normal Value (Value for Duty Equivalent) amount. The New Zealand Customs Service holds this confidential Normal Value (Value for Duty Equivalent) amount.

Dated at Wellington this 5th day of March 2004.

MARGARET WILSON, Minister of Commerce.