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 hog bristle paintbrushes from China and having determined a new amount of 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 Hog Bristle Paintbrushes from China, Amendment No. 3", and shall be read together with and deemed part
of the notice entitled "Final Determination", dated on the 31st day of May 1988 and published in the New Zealand Gazette, 2 June 1988, page 2228 (hereinafter referred to as the principal notice).
(2) Pursuant to section 14 (6) of the Act, the reassessed
anti-dumping duty applicable to complete paintbrushes, set out in the Second Schedule to this notice, shall apply
to imports of the goods (except for paintbrush heads) specified in the First Schedule to this notice with effect from 25 October 2002, being the date of the 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.
(3) Pursuant to section 14 (6) of the Act, the rates of
anti-dumping duty established for paintbrush heads, set out in the Second Schedule to this notice, shall apply to imports of the goods (except for complete paintbrushes) specified in the First Schedule to this notice with effect from the day after the date of this notice.
2. Amendment to anti-dumping duty applicable-The principal notice (as amended by the notices in New Zealand Gazette, 9 April 1992, page 1055, entitled "Final Dumping Determination (Paintbrushes), Amendment No. 1" and in New Zealand Gazette, 6 November 1997, page 3714, entitled "Final Determination: Dumping Investigation in Respect of Hog Bristle Paintbrushes From China, Amendment No. 2 (Duty Reassessment)") is hereby amended by omitting the Schedule and substituting the Schedule to this notice.
"Schedule
New Schedule to Principal Notice
First Schedule
Goods Subject to Determination
Country of Origin
The People's Republic of China
Description of Goods
Hog bristle paintbrushes for household or industrial use*
*Note: This description includes hog bristle paintbrush heads.
The goods are currently classified under Tariff Item and Statistical Keys 9603.40.00.02D and 9603.40.00.11C 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 shall be the amount by which the Non-Injurious Free on Board
or Normal Value (Value for Duty Equivalent) amounts in respect of the listed sizes by group1 as set out below exceed the New Zealand Value for Duty of the goods when entered for home consumption.
Normal Value (Value for Duty Equivalent) and
Non-Injurious Free on Board Amounts per
Complete Paintbrush
Size (mm) Industrial Handyman Tradesman
25 4.40** 4.40** 4.49**
38 6.19** 6.28** 6.37**
50 9.25** 9.52** 9.52**
63 2.89* 11.85** 11.94**
75 13.65** 13.91** 14.18**
100 4.88* 18.76** 19.39**
Alternative Duty***
63 11.49**
100 18.58**
Normal Value (Value for Duty Equivalent) and
Non-Injurious Free on Board Amounts per
Paintbrush Head
Size (mm) Industrial Handyman Tradesman
25 3.12** 3.12** 3.19**
38 4.39** 4.46** 4.52**
50 6.57** 6.76** 6.76**
63 2.05* 8.41** 8.48**
75 9.69** 9.88** 10.07**
100 3.46* 13.32** 13.77**
Alternative Duty***
63 8.16**
100 13.19**
*Non-Injurious-Free-On-Board amount in New Zealand dollars.
**Normal Value (Value for Duty Equivalent) amount in Chinese renminbi.
***Note: An alternative duty rate has been set at the NV(VFDE) rate which should be applied instead of the NIFOB rate where the NIFOB duty amount calculated exceeds the NV(VFDE) amount due to exchange rate fluctuations.
Normal Value (Value for Duty Equivalent) amounts of complete paintbrushes of less than 25mm shall be an amount which bears the same proportion to Chinese renminbi 4.40 as the size bears to 25mm. Normal Value (Value for Duty Equivalent) amounts of paintbrush heads of less than 25mm shall be an amount which bears the same proportion to Chinese renminbi 2.48 as the size bears to 25mm.
Normal Value (Value for Duty Equivalent) and Non-Injurious Free on Board amounts of complete paintbrushes and paintbrush heads of sizes larger than 25mm and of a size other than those listed in the table above, shall be an amount which bears the same proportion to the Normal Value (Value for Duty Equivalent) or Non-Injurious Free on Board amount of the nearest size in the tables above. The relevant category of paintbrush or paintbrush head for such other sizes shall be determined in accordance with the instructions set out below under "Description of Groups".
1 Description of Groups
Paintbrushes are categorised in groups according to their volume of bristle calculated by multiplying the width of the bristle at the top of the ferrule by the depth of the bristle at the top of the ferrule by the length of the bristle from the top of the ferrule to the tip of the brush, the measurements being made in millimetres.
Range of Cubic Volume of Bristle (mm3)
Size (mm) Group 1Industrial Group 2Handyman Group 3Tradesman
25 0 - 11,500 11,501 - 15,000 >15,000
38 0 - 20,000 20,001 - 25,000 >25,000
50 0 - 33,500 33,501 - 36,000 >36,000
63 0 - 38,000 38,001 - 44,000 >44,000
75 0 - 45,000 45,001 - 55,000 >55,000
100 0 - 65,000 65,001 - 90,000 >90,000
For complete paintbrushes and paintbrush heads of sizes larger than 25mm and of a size other than those listed in the table above, the cubic volume of bristle for each of the three groups for that size shall be calculated in accordance with the proportion that such a size represents of the nearest size listed in the table above."
Dated at Wellington this 22nd day of July 2003.
JOHN TAMIHERE, Associate Minister of Commerce.
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 Manager, Trade Remedies Group, Ministry of Economic Development, P.O. Box 1473, Wellington.