458 NEW ZEALAND GAZETTE, No. 19 23 FEBRUARY 2010

Extract from New Zealand Gazette, 18 February 2010, No. 18, page 429

Economic Development

Dumping and Countervailing Duties Act 1988

2010 Reassessment of Anti-dumping Duty: “Choice” Grade Canned Peaches From South Africa

Pursuant to section 14 of the Dumping and Countervailing Duties Act 1988 (“the Act”), the Minister of Commerce, having carried out a reassessment of the anti-dumping duty applying to imports into New Zealand of “choice” grade canned peaches from Langeberg & Ashton Foods Pty Ltd, South Africa, and having determined new amounts 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 “2010 Reassessment of Anti-dumping Duty: “Choice” Grade Canned Peaches from South Africa.”

(2) This notice replaces and supersedes all previous notices in relation to the subject goods described below in the First Schedule.

(3) Pursuant to section 17 of the Act, the reassessed anti-dumping duty, set out in the Second Schedule to this notice, shall apply to imports of the goods specified in the First Schedule with effect from the day after the date of this notice.

(4) Where the anti-dumping duties imposed as a result of this notice are lower than those previously in place, in accordance with subsection 14(10) of the Act, importers may apply to Customs for a refund of the difference between the anti-dumping duties imposed by this notice and the anti-dumping duty paid from 17 October 2008.

First Schedule

Subject Goods

The subject goods that the reassessed anti-dumping duties apply to are described as:

“Choice” grade canned peaches (halves, slices or pieces) packed in various concentrations of sugar syrup and in can sizes ranging from 110 grams to 3 kilograms exported by Langeberg & Ashton Foods (Pty) Ltd, South Africa.

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 the subject goods imported, or intended to be imported, into New Zealand from South Africa, shall be the amount by which the Normal Value (Value for Duty Equivalent) (NV(VFDE)) amounts set out in the table below exceed the New Zealand Value For Duty (VFD) of the goods when entered for home consumption.

Rates of Anti-dumping Duty
(Normal Value (Value for Duty Equivalent) Reference Prices Per Kilogram)

*Where the can size is not one of the specified sizes the rate of duty shall be based on the NV(VFDE) amount for the can size which is closest to the imported can size.

Dated at Wellington this 9th day of February 2010.

HON SIMON POWER, Minister of Commerce.

Note: A non-confidential version of the Reassessment Report, which contains details of the conclusions reached, is available from the Trade Rules, Remedies and Tariffs Group, Competition, Trade and Investment Branch, Ministry of Economic Development, PO Box 1473, Wellington.

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