Pursuant to section 14 of the Dumping and Countervailing Duties Act 1988 ("the Act"), the Minister of Commerce, having carried out a reassessment of the anti-dumping duty applying to imports into New Zealand of canned peaches from South Africa and having determined new amounts of anti-dumping 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 "2007 Reassessment of Anti-dumping Duty: Canned Peaches from South Africa".
(2) This notice replaces and supersedes all previous notices in relation to the subject goods described below in the First Schedule.
(3) Pursuant to section 17 of the Act, the reassessed anti-dumping duty, set out in the Second Schedule to this notice, shall apply to imports of the goods specified in the First Schedule with effect from the day after the date of this notice.
(4) Where the anti-dumping duties imposed as a result of this notice are lower than those previously in place, in accordance with subsection 14(10) of the Act, importers may apply to Customs for a refund of the difference between the anti-dumping duties imposed by this notice and the anti-dumping duty paid from 31 May 2007.
Schedules
First Schedule
Subject Goods
The subject goods that the reassessed anti-dumping duties apply to are described as:
"Canned peaches (halves, slices or pieces) packed in various concentrations of sugar syrup and in can sizes ranging from 110 grams to 3 kilograms (A10)"
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 Anti-dumping Duty
The amount of anti-dumping duty to be paid on demand in respect of each importation of the subject goods imported,
or intended to be imported, into New Zealand from South Africa, shall be the amount by which the Non-Injurious Free on Board (NIFOB) or Normal Value (Value for Duty Equivalent) (NV(VFDE)) amounts 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 Kilogram
(All non-confidential amounts in this notice are in South African rand)
Imports from Langeberg & Ashton Foods Ltd by Brooke Holdings Ltd Imports from Langeberg & Ashton Foods Ltd by other importers Imports from Del Monte South Africa (Pty) Ltd Imports from other Suppliers3
Product type and size Choice Sub-std Choice Sub-std Choice Sub-std Choice Sub-std
410gm4 1 8.65 12.07 8.65 1 8.75 12.21 8.75
825gm4 9.91 7.11 9.91 7.11 10.02 7.19 10.02 7.19
3kg4 1 7.01 9.78 7.01 9.89 7.09 9.89 7.09
Alternative Duty Rates2:
410gm 12.07 - - - 12.21 - - -
825gm - - - - - - - -
3kg 9.78 - - - - - - -
1Non-Injurious Free On Board amounts have been kept confidential as they are based on commercially sensitive information provided by various parties and cannot be released. The confidential amounts are held by the Ministry of Economic Development and the New Zealand Customs Service.
2An alternative duty rate has been set at the NV(VFDE) rate which should be applied instead of the NIFOB rate where the NIFOB amount exceeds the NV(VFDE) amount calculated in NZ dollars due to exchange rate fluctuations.
3Other suppliers and exporters not covered by the 2007 Review may lodge a request for a reassessment of the applicable
anti-dumping duty, backed by the necessary supporting evidence, for new amounts of anti-dumping duty to be established.
4Where the can size is not one of the specified sizes, the rate of duty shall be based on the NIFOB or NV(VFDE) amount for the can size closest to the size of the can imported.
Dated at Wellington this 11th day of February 2008.
HON. LIANNE DALZIEL, Minister of Commerce.
Note: A non-confidential version of the Reassessment Report, which contains details of the conclusions reached, is available from the Trade Rules and Remedies Group, Competition, Trade and Investment Branch, Ministry of Economic Development, PO Box 1473, Wellington.