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. 9 (Duty Reassessment), and shall be read together with and deemed part of:
(a) The notice entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand" dated
21 December 1989 and published in the New Zealand Gazette, 11 January 1990, page 4 (hereinafter referred to as the first principal notice).
(b) 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, page 968 (hereinafter referred to as the second principal notice).
(c) 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, page 2175 (hereinafter referred to as the third principal notice).
(d) The notice entitled "Imposition of Anti-Dumping Duties" dated 19 November 2000 and published in the New Zealand Gazette of 23 November 2000, page 4047 (hereinafter referred to as the fourth principal notice).
(2) Pursuant to section 14 (6) of the Act, the reassessed anti-dumping duty, set out in the Schedule to this notice, shall apply to imports of the goods specified in the First Schedule to the principal notices with effect from the day after the date of this notice. In accordance with section 14 (10) of the Act, Customs is required to refund the difference between the duty paid from the date of the initiation of the reassessment on 14 November 2001, and any lower duty specified in the Schedule to this notice. Where there is a difference between the duty paid and any higher duty specified in the 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) is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The second principal notice (as amended) is hereby amended
by omitting the Second Schedule and substituting the Schedule to this notice. The third principal notice (as amended) is hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The fourth principal notice is
hereby amended by omitting the Second Schedule and substituting the Schedule to this notice. The previous amendments to the first, second and third principal notices are shown in Appendix 1 to this notice.
3. Consequential revocation-The notice entitled "Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment)" and published in the New Zealand Gazette, 23 November 2000, page 4046, is hereby revoked.
Schedule
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 when imported by Elephant Plasterboard New Zealand Limited from SCT Co Limited, the amount per square metre by which the Non-Injurious-Free-On-Board amount1 exceeds the Thai Producer Value.2
(b) For subject goods when imported by importers other than Elephant Plasterboard New Zealand Limited from SCT Co Limited, the amount per square metre by which the Normal Value Equivalent amount3 exceeds the Thai Producer Value2.

(c) For subject goods from Thai Gypsum Products Public Company Limited, the amount per square metre by which the Normal Value Equivalent amount3 exceeds the Thai Producer Value.2
(d) For all other suppliers4 of subject goods, the amount per square metre by which the Normal Value Equivalent amount3 exceeds the Thai Producer Value2.
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
1The Non-Injurious-Free-On-Board amount for exports by SCT Co Limited for imports by Elephant Plasterboard New Zealand Limited is confidential. The New Zealand Customs Service holds the confidential Non-Injurious-Free-On-Board amount.
2The 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.
3The Normal Value Equivalent amount for exports by SCT Co Limited for imports by importers other than Elephant Plasterboard New Zealand Limited is confidential. The Normal Value Equivalent amount for exports by Thai Gypsum Products Public Company Limited and the Normal Value Equivalent amount for all other suppliers of subject goods are also confidential. The New Zealand Customs Service holds the confidential Normal Value Equivalent amounts.
4Suppliers 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 4th day of December 2002.
LIANNE DALZIEL, 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, Regulatory and Competition Policy Branch, Ministry of Economic Development, P.O. Box 1473, Wellington.
Appendix 1: Previous Amendments to the Principal Notices
Title Date of Publication in
New Zealand Gazette
First Principal Notice
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 1 8 March 1990, page 699
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 2 (Duty Reassessment) 18 April 1991, page 1259
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 3 (Duty Reassessment) 11 May 1995, page 1143
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 4 (Duty Reassessment) 7 March 1996, page 719
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment) 4 July 1996, page 1685
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment) 16 January 1997, page 98
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment) 30 September 1999, page 3290
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment) 23 November 2000, page 4046
Second Principal Notice
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 5 (Duty Reassessment) 4 July 1996, page 1685
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment) 16 January 1997, page 98
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment) 30 September 1999, page 3290
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment) 23 November 2000, page 4046
Third Principal Notice
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 6 (Duty Reassessment) 16 January 1997, page 98
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 7 (Duty Reassessment) 30 September 1999, page 3290
Final Determination: Dumping Investigation in Respect of Plasterboard from Thailand, Amendment No. 8 (Duty Reassessment) 23 November 2000, page 4046
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