Pursuant to section 16 (1) of the Dumping and Countervailing Duties Act 1988 ("the Act"), I hereby give notice that, on the basis of the information made available and analysed during the investigation to date, I have reasonable cause to believe, in relation to the importation of the goods specified in the First Schedule to this notice (hereinafter referred to as the subject goods), that:
(a) the subject goods are being dumped;
(b) by reason thereof, material injury to the
New Zealand industry has been and is being caused; and
(c) that action, under section 16 of the Act, is necessary to prevent material injury being caused during the period of investigation.
Pursuant to section 16 (1) of the Act, I hereby give notice
of a provisional direction that payment of the rate of anti dumping duty set out in the Second Schedule to this notice, in respect of the subject goods, shall be secured in accordance with sections 156 and 157 of the Customs and Excise Act 1996.
First Schedule
Goods Subject to Investigation
Country of Origin
People's Republic of China (China), the Republic of Indonesia (Indonesia), the Republic of Korea (Korea)
and the Kingdom of Thailand (Thailand).
Description of Goods
Lubricating oil filters (including cartridge/element type)
for use on internal combustion engines, including off-road, commercial and industrial applications but EXCLUDING:
? hydraulic oil filters.
? cartridge/element type filters having dimensions greater than 467mm in length or 400mm in outside diameter.
? spin-on type filters having dimensions greater than 300mm in length or 123mm in outside diameter.
? lubricating oil filters (including cartridge/element type) solely manufactured for use on:
(a) motorcycles; and
(b) aircraft.
The goods are currently classified under tariff item
and Statistical Key 8421.23.00.01B of the Tariff of
New Zealand, which classification is provided for convenience and Customs purposes only, the written description being dispositive.
Second Schedule
Rate of Anti-dumping Duty to be Secured
The rate of anti-dumping duty to be secured in respect of the subject goods, imported or intended to be imported into New Zealand, shall be the rates listed below, calculated as
a percentage of the declared New Zealand Customs value for duty of the subject goods:
Country/Company Name Ad ValoremDuty Rate
China
Bengbu Filter Company Ltd 36%
Golden Haiye Auto Parts 404%
Zheijiang Universe Filter Co. Ltd 82%
China - all other exporters 180%
Indonesia
PT Selamat Sempurna Tbk 80%
PT Panata Jaya Mandiri 57%
PT Andhi (ADR) Chandra Auto 0%
Indonesia - all other exporters 70%
Korea
June Heung Filter Co. Ltd 121%
Yuil Air Filter Co. Ltd 133%
Kang Nam Filter Co. Ltd 51%
Shin Sung Industrial Company 13%
Korea - all other exporters 108%
Thailand
Siam Tennex Manufacturing Ltd 37%
CT Industry Co Ltd 0%
Denso International Thailand 0%
Thailand - all other exporters 37%
Dated at Wellington this 28th day of October 2004.
MARGARET WILSON, Minister of Commerce.