Revocation of Notice Imposing Anti-Dumping Duty in Respect of Refined Sugar From Malaysia In accordance with sections 14 (4) and 14 (9) of the Dumping and Countervailing Duties Act 1988 (``the Act''), the Minister for Enterprise and Commerce gives the following notice. N o t i c e 1. Title and commencement (1) This notice may be cited as the Revocation of Notice Imposing Anti-Dumping Duty in Respect of Refined Sugar From Malaysia. (2) This notice shall be read with and deemed part of the notice dated 9 November 1988 and entitled ``Final Determination: Dumping Investigation Refined Sugar (Refined From Sugar Cane or Sugar Beets)* (hereinafter referred to as the principal notice). (3) This notice will come into force on 4 November 1998. 2. Anti-dumping duty amended The principal notice is hereby amended by omitting the Schedule (as by the notice dated 3 November 1993 and entitled ``Final Determination: Dumping Investigation Refined Sugar (Refined From Sugar Cane or Sugar Beets), Amendment No. 2'')** and substituting the Schedule set out in the Schedule to this notice. 3. Consequential amendments The notice entitled ``Final Determination: Dumping Investigation Refined Sugar (Refined From Sugar Cane or Sugar Beets), Amendment No. 2'')**, is hereby amended by revoking the Schedule to that notice. * Published in the New Zealand Gazette of 10 November 1988 at page 4508. ** Amendment No. 2 published in the New Zealand Gazette of 11 November 1993 at pages 3363/3364. Dated at Wellington this 24th day of November 1998. Hon. MAX BRADFORD, Minister for Enterprise and Commerce. Schedule 1 New Schedule to Principal Notice Substituted ``Schedule Formula for the Calculation of Amount of Anti-Dumping Duty Anti-dumping duty on the goods subject to this notice imported or intended to be imported from Germany or Thailand shall be an amount being the lesser of A and B calculated in accordance with the following formula: A (RSP 1.035) Cost Difference 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. ``Cost Difference'' in respect of each country is that listed beside that country as follows: Country of Origin Cost Difference Federal Republic of Germany NZ$182 Thailand NZ$205 ``Export Price'' is the price paid or payable per tonne. ``Normal Value'' in respect of each country is that listed beside that country as follows: Country of Origin Normal Value Federal Republic of Germany US$865.76 per tonne Thailand US$507.78 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 the New Zealand Customs Service 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 Customs on 9 November 1988 (as amended by the notice given by the Minister of Commerce on 3 November 1993) by removing reference to the applicability of anti-dumping duty on refined sugar (refined from sugar cane or sugar beets) exported to New Zealand from Malaysia. This revocation is due to the cessation of duties on those goods in terms of section 14 (9) of the Act, with effect from 3 November 1998, which is the date that is 5 years after the date of the notice of the reassessment in relation to those goods. The anti-dumping duties applicable to Refined Sugar (refined from Sugar Cane or Sugar Beets), exported to New Zealand from Germany and Thailand are currently subject to a review under section 14 (8) of the Act, notice of which was given by the Secretary of Commerce in the New Zealand Gazette of 29 October 1998.