Notice Type
Departmental
Notice of Reassessment of Anti-Dumping Duty on Refined Sugar From The Netherlands, Belgium and Denmark Pursuant to subsections 14 (2), 14 (3A) (as inserted by subsection 10 (2) of the Dumping and Countervailing Duties Amendment Act 1990) of the Dumping and Countervailing Duties Act 1988, and pursuant to paragraph (j) of section 25 of the Acts Interpretation Act 1924 (as inserted by section 2 of the Statutes Amendment Act 1936), the Minister of Commerce gives the following notice. N o t i c e 1. Title and commencement (1) This notice may be cited as the Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 2. (2) This notice shall be read with and deemed part of the notice dated 7 June 1989 and entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark* (hereinafter referred to as the principal notice). (3) Subject to clause 4 of this notice, this notice shall come into force on the day after the date on which it is published in the New Zealand Gazette. 2. Principal notice amended (1) The principal notice is hereby amended by omitting the words ``exported by August Topfer and Co GMBH from The Netherlands, Belgium and Denmark, and by Hottlet Sugar Trading NV from Belgium,'' in both places where they occur and substituting the words ``exported from The Netherlands, Belgium, or Denmark''. (2) The principal notice is hereby further amended by omitting the Schedule (as substituted by the notice dated 30 January 1990 and entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 1**) and substituting the Schedule set out in the Schedule to this notice. 3. Consequential revocation The notice entitled Final Determination and Imposition of Anti-Dumping Duty and Retrospective Measures: Refined Sugar From The Netherlands, Belgium and Denmark, Amendment No. 1**, is hereby revoked. 4. Savings In respect of the goods subject to the principal notice that are imported under contracts entered into prior to the date of this notice, for a period of one year from the day after the date on which this notice is published in the New Zealand Gazette, the principal notice shall apply as if this notice had not been made. * Published in the New Zealand Gazette of 15 June 1989 at page 2596. ** Amendment No. 1 published in the New Zealand Gazette of 8 February 1990 at pages 384/385. Dated at Wellington this 3rd day of November 1993. PHILIP BURDON, Minister for Commerce. Schedule New Schedule to Principal Notice Substituted ``Schedule Formula for the Calculation of Amount of Anti-Dumping Duty Anti-dumping duty to be charged, collected and paid pursuant to this notice shall, in respect of each importation of the goods, be an amount being the lesser of A and B calculated in accordance with the following formula: A (RSP 1.035) NZ$182 Export Price B Normal Value Export Price WHERE: ``RSP'' is the Raw Sugar Price per tonne, established as follows: (a) Where the refined sugar is purchased under a fixed price contract, then the RSP shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the contract; or (b) Where the refined sugar is purchased under a variable price contract with the raw sugar component of the final contract price being variable according to the date the option to purchase is exercised, then the RSP shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the exercise of the purchase option. ``Export price'' is the price paid or payable per tonne. ``Normal value'', in respect of each such country is that listed beside that country as follows: Country of Origin Normal Value Belgium US$868.42 per tonne Denmark US$857.76 per tonne The Netherlands US$867.10 per tonne BUT WHERE either A or B yields a value of zero or less then no anti-dumping duty is payable. Note: All amounts expressed in units of currency other than New Zealand dollars shall be converted to New Zealand dollars for the purposes of applying this formula (for example, the raw sugar price is quoted in US dollars per tonne, as are the normal values). The exchange rate applicable for converting any such unit of currency into New Zealand dollars shall be the rate as gazetted by New Zealand Customs in the appropriate Customs Exchange Rate Notice, applying at the date of importation.'' Explanatory Note: This notice is not part of the notice, but is intended to indicate its general effect. This notice amends the principal notice given by the Minister of Commerce dated 7 June 1989 (as amended by the notice given by the Minister of Commerce dated 30 January 1990) by: (a) Requiring the Raw Sugar Price to be determined by reference to the New York Coffee, Sugar & Cocoa Exchange instead of the London Futures & Options Exchange; (b) Requiring the establishment of the Raw Sugar Price on the following basis: (i) Where the refined sugar is purchased under a fixed price contract, then the Raw Sugar Price shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the contract; or (ii) Where the refined sugar is purchased under a variable price contract with the raw sugar component of the final contract price being variable according to the date the option to purchase is exercised, then the Raw Sugar Price shall be that published by the New York Coffee, Sugar & Cocoa Exchange for its No. 11 contract spot price on the day preceding the date of the exercise of the purchase option; (c) Changing the conversion factor applying to the Raw Sugar Price from 1.05 to 1.035; (d) Changing the amount of the cost difference in the formula from NZ$145 to NZ$182; (e) Changing the amount of the normal value in the formula from US$741 to US$867.10 for The Netherlands, from US$747 to US$868.42 for Belgium, and from US$824 to US$857.76 for Denmark; and (f) Amending the principal notice under section 25 (j) of the Acts Interpretation Act 1924 to correct the omission of goods exported from companies other than August Topfer and Co GMBH and Hottlet Sugar Trading NV.
Publication Date
11 Nov 1993

Notice Number

1993-go9601

Page Number

3364