in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment)
Pursuant to section 14 of the Dumping and Countervailing Duties Act 1988 ("the Act"), the Minister of Commerce, having carried out a reassessment of anti-dumping duty in respect of imports into New Zealand of certain plasterboard from Thailand and having determined a new anti-dumping duty applicable to those goods, gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be
cited as the "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment
No. 8 (Duty Reassessment)", and shall be read together with and deemed part of the notice entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand" dated 21 December 1989 and published in the
New Zealand Gazette of 11 January 1990 (hereinafter referred to as the first principal notice), and of the notice entitled "Final Determination of Dumping Investigation: Certain Other Plasterboard from Thailand" dated 29 March 1996 and published in the New Zealand Gazette of 4 April 1996 (hereinafter referred to as the second principal notice), and of the notice entitled "Final Determination of Dumping Investigation: 10mm Plasterboard from Thailand" dated
23 July 1996 and published in the New Zealand Gazette
of 8 August 1996 (hereinafter referred to as the third principal notice).
(2) Pursuant to section 14 (6) 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 to the principal notice with effect from
30 September 1999, being the date of initiation of the review that preceded the duty reassessment. In accordance with section 14 (10) of the Act, Customs is required to refund the difference between the duty paid and any lower duty specified in the Second Schedule to this notice. Where there is a difference between the duty paid and any higher duty specified in the Second Schedule, there will be no liability for the payment of this difference.
2. Amendment to anti-dumping duty applicable-The first principal notice (as amended by the notice in the
New Zealand Gazette of 8 March 1990 entitled "Final Determination: Dumping Investigation in respect of Plasterboard from Thailand, Amendment No. 1" and by the notice in the New Zealand Gazette of 18 April 1991 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 2 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 11 May 1995 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 3 (Duty Reassessment)", and
by the notice in the New Zealand Gazette of 7 March 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 4 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 4 July 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)") is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The second principal notice (as amended by the notice in the New Zealand Gazette of 4 July 1996 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment)", and by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)") is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The third principal notice (as amended by the notice in the New Zealand Gazette of 16 January 1997 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment)", and by notice in the New Zealand Gazette of 30 September 1999 entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)") is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice.
3. Consequential revocation-The notice entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment)", and published in the New Zealand Gazette
of 30 September 1999, is hereby revoked.
S c h e d u l e
New Schedules to Principal Notices
Second Schedule
Amount of Anti-dumping Duty
The amount of anti-dumping duty to be paid on demand in respect of each importation of plasterboard, imported or intended to be imported into New Zealand from Thailand, shall be:
(a) For subject goods from the suppliers and exporters listed in the Third Schedule to this notice, the amount per square metre by which the Non-Injurious-Free-On-Board amount or Normal Value Equivalent amount1 exceeds the Thai Producer Value.2
(b) For all other suppliers of subject goods, the rate of duty set out in the Fourth Schedule to this notice.3
Third Schedule
List of Thai Producers
Thai producers, being suppliers and exporters, for which Non-Injurious-Free-On-Board and Normal Value Equivalent amounts have been established for the subject goods, are:
SCT Co Limited.
Thai Gypsum Products Public Company Limited.
Fourth Schedule
Rate of Duty for Other Suppliers
The rate of duty for the subject goods established for this category is:
58 percent ad valorem of the Thai Producer Value.
1 The Non-Injurious-Free-On-Board amount for exports by SCT Co Limited is NZ$1.71 per square metre for imports by Sigma Agencies Limited.
The Normal Value Equivalent amount for imports from SCT Co Limited by importers other than Sigma Agencies Limited is confidential. The New Zealand Customs Service holds the Normal Value Equivalent amount established for imports from SCT Co Limited by importers other than Sigma Agencies Limited.
The Non-Injurious-Free-On-Board amount for exports by Thai Gypsum Products Limited is NZ$2.84 per square metre.
2 The Thai Producer Value of the goods is the price when sold at arm's length by the Thai producer on an FOB basis, exclusive of any agent's or reseller's fees, margins or commissions or other similar charges.
3 Suppliers and exporters for which a specific duty amount has not been established, may lodge a request for a reassessment, backed by the necessary supporting evidence, that either
Non-Injurious-Free-On-Board or Normal Value Equivalent amounts be established.
Dated at Wellington this 19th day of November 2000.
HON PAUL SWAIN, Minister of Commerce.
Note:
Where an interested party considers that there has been a change in relevant values of the factors used in calculating either Non-Injurious-Free-On-Board or Normal Value Equivalent amounts, an application may be made for a reassessment. If the reassessment establishes that the anti-dumping duties paid exceeded the margin of dumping, then refunds of the additional amount of duty paid may be made.
Public notice of the establishment of additional or updated Non-Injurious-Free-On-Board and Normal Value Equivalent amounts will be given as necessary by notice in the New Zealand Gazette.
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 Trade Remedies Group, Competition and Enterprise Branch, Ministry of Economic Development, P.O. Box 1473, Wellington.