Pursuant to section 14 (6) 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 oil filters from Indonesia manufactured by PT Selamat Sempurna Tbk and of oil filters exported by “all other” exporters for whom separate rates of duty have not been set, having determined new rates and amounts 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 “Duty Reassessment: Oil Filters from Indonesia” and shall be read together with the notice entitled “Final Determination of Dumping Investigation: Oil Filters From China, Indonesia, Korea and Thailand” dated the 14th day of January 2005 and published in the New Zealand Gazette, 20 January 2005, No. 22, page 509 (hereinafter referred to as the principal notice).
(2) Pursuant to section 14 (6) of the Act, the new rates or amounts of anti-dumping duty set out in the Second and Third Schedules to this notice shall apply to imports of the goods specified in the First Schedule to this notice. Acting pursuant to section 14 (7), I have determined that the updated and additional NV(VFDE) amounts, established during the reassessment, shall be terminated entirely with effect from 15 January 2005 until the date of this notice.
(3) Acting pursuant to section 17 (1) (b), I have determined that the new residual ad valorem percentage rates, established during the reassessment for PT Selamat Sempurna Tbk and “all other” exporters for whom separate rates of duty have not been set, shall take effect from 15 January 2005 i.e. the date of the then Minister of Commerce’s final determination referred to in the principal notice.
(4) 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 15 August 2005, being the date of the initiation of the reassessment, except where the duty paid is the amount specified in “B” of the Second Schedule, in which case the refund shall be effective from 15 January 2005.
2. Anti-dumping duty terminated—The principal notice is hereby amended by omitting from the Third Schedule that part which relates to PT Selamat Sempurna Tbk and “all other” exporters for whom separate rates of duty have not been set, and substituting the Third Schedule to this notice.
First Schedule
Goods Subject to Determination
Country of Origin
Indonesia
Suppliers
PT Selamat Sempurna Tbk and “all other” exporters for whom separate rates of duty have not been set.
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
Amount of Anti-dumping Duty
The amount of anti-dumping duty to be paid on demand in respect of each importation of oil filters, imported or intended to be imported into New Zealand from Indonesia shall be:
A. For those subject goods identified by part numbers from the suppliers listed in the Third Schedule to the principal notice, for which the Chief Executive of the Ministry of Economic Development has established Normal Value (Value For Duty Equivalent) amounts1, the amount by which the Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.
B. For all subject goods other than those identified by part numbers from the suppliers listed in the Third Schedule to
the principal notice, the ad valorem percentage rate specified for each of those suppliers in the Third Schedule to the principal notice.
Third Schedule
List of Suppliers
Company Name Part No. NV(VFDE)Amount Ad Valorem Percentage
PT Selamat Sempurna Tbk – direct exports 2 1 42%
PT Selamat Sempurna Tbk – direct exports by Filter Sales Australia Ltd 2 1 42%
PT Selamat Sempurna Tbk – exports by Filter Sales Australia Ltd via Australia 2 1 42%
Other Exporters3
Indonesia 42%
List of Suppliers
1Normal Value (Value for Duty Equivalent) amounts are set in Indonesian Rupiah.
2The New Zealand Customs Service holds a confidential list of the part numbers for which Normal Value (Value for Duty Equivalent) amounts have been established and the value of these amounts. PT Selamat Sempurna Tbk also holds this information.
3Exporters for whom separate rates of duty have not been established may lodge a request, backed by the necessary supporting evidence, that separate rates of duty be established.
Dated at Wellington this 28th day of April 2006.
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.