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 countervailing duty in respect of imports into New Zealand of canned peaches from the European Union and having determined a new amount of countervailing duty applicable to those goods, gives the following notice.
N o t i c e
Title and commencement-(1) This notice may be cited as the "Subsidy Investigation in Respect of Canned Peaches from the European Union, Duty Reassessment" and shall be read together with the notices entitled "Final Determination of Subsidy Investigation: Canned Peaches From the European Union" dated the 9th day of January 1998 and published in the New Zealand Gazette, 22 January 1998, page 131, and "Final Determination of Subsidy Investigation: Canned Peaches From the European Union, Amendment No. 1 Duty Reassessment", dated the 16th day of April 2000 and published in the New Zealand Gazette, 20 April
2000, page 935.
(2) Pursuant to section 14 (6) of the Act, the reassessed countervailing duty applicable to canned peaches, set out in the Second Schedule to this notice, shall apply to imports of the goods specified in the First Schedule to this notice
with effect from the date of this notice. In accordance with section 14 (10) of the Act, I require the Collector of Customs to refund the difference between the duty paid and any lower duty specified in the Second Schedule to this notice, with effect from 8 January 1998, being the date of the initiation of the review that preceded the duty reassessment.
(3) The existing rate or amount of countervailing duty applying to imports of canned peaches into New Zealand from the European Union shall cease to have effect from the date of this notice.
Schedules
New Schedule to Principal Notice
First Schedule
Goods Subject to Determination
Countries of Origin
Member states of the European Union
Description of Goods
"Peaches (halves, slices and pieces) packed in retail sized cans".
The goods are currently classified under Tariff Item
and Statistical Key 2008.70.09 00L 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 Countervailing Duty
The amount of countervailing duty to be paid on demand in respect of each importation of canned peaches, imported or intended to be imported into New Zealand from the European Union, shall be for subject goods from
the exporters listed in the Third Schedule to this notice, for which the Chief Executive of the Ministry of Economic Development has established Reference Price amounts1, the amount by which the Reference Price amount exceeds
the New Zealand Value For Duty of the goods when entered for home consumption.
The amount of countervailing duty to be paid on demand in respect of each importation of canned peaches, imported or intended to be imported into New Zealand from the European Union for subject goods from all other suppliers shall be the ad valorem percentage rates specified in the Third Schedule to this notice.
Third Schedule
List of Suppliers
Can Size 410 820 A10
Greece
Venus Growers Co-operative ** * **
Other exporters ad valorem percentage rate2 11% 11% 11%
Other exporters reference price cap3 * * *
Spain
Manuel Garcia Campoy SA ** * **
Other exporters ad valorem percentage rate2 12% 12% 12%
Other exporters reference price cap3 * * *
Other EU Countries2
Ad valorem percentage rate 11% 11% 11%
Other exporters reference price cap3 * * *
Alternative Duty***
Greece
Venus Growers Co-operative * *
Spain
Manuel Garcia Campoy SA * *
*Reference price in euros per kilogram
**Reference price in NZ$ per kilogram
***Note: The alternative duty rate takes effect when exchange rates are such that the alternative duty is lower than the normal duty, and only where the normal duty is a lesser duty.
1The New Zealand Customs Service holds a confidential list of the Reference Price amounts for the exporters covered
by the Third Schedule to this notice. Venus Growers
Co-operative and Manuel Garcia Campoy SA also hold the confidential Reference Price amounts relating to those firms.
2Exporters for whom separate Reference Price amounts have not been established may lodge a request, backed by the necessary supporting evidence, that Reference Price amounts be established.
3The duty payable by other exporters through the application of the specified ad valorem percentage rates cannot exceed the duty payable through the application of these Reference Price amounts. The New Zealand Customs Service holds a confidential list of such Reference Price amounts.
Dated at Wellington this 15th day of December 2003.
LIANNE DALZIEL, 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.