Pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 ("the Act"), I hereby give notice that
I have made a final determination that, in relation to the importation or intended importation of the goods specified in the First Schedule to this notice (the "subject goods"):
(a) the subject goods are being dumped; and
(b) by reason thereof, material injury to the New Zealand industry is being threatened.
Notice is hereby given that, acting pursuant to sections 14(1) and 14(4) of the Act, I have determined the amount of
anti-dumping duty to be imposed on the subject goods to be the amounts set out in the Second Schedule to this notice.
First Schedule
Goods Subject to Determination
Country of Origin
Spain.
Description of Goods
Peaches in preserving liquid, in containers up to and including 4.0kg.
The subject goods are classified under Tariff Item 2008.70.09 and Statistical Key 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, 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 Customs Value for Duty (VFD) of the goods when entered for home consumption:
Spanish Manufacturer NIFOB or NV(VFDE) Amount
(per kg) Alternative
Duty1
(per kg)
Alcurnia Alimentacion SL NIFOB * *
Conservas el Navarrico NIFOB * *
Conservas y Frutas SA NIFOB * *
Halcon Foods SA NIFOB * *
Other suppliers NV(VFDE) €1.26 n/a
Key to Annotations
1The alternative duty rate will apply where the NV(VFDE) amount is lower than the NIFOB amount due to exchange rate movements. As the "other suppliers" (residual) rate has been set at the NV(VFDE), an alternative duty rate is not applicable.
*NIFOB and NV(VFDE) amounts have been kept confidential as they
are based on commercially sensitive information provided by various parties. The confidential amounts are held by the Ministry of Economic Development and the New Zealand Customs Service.
Dated at Wellington this 3rd day of August 2011.
HON SIMON POWER, Minister of Commerce.
Explanatory Note
A copy of the non-confidential version of the Final Report, which contains details of the investigation and the conclusions reached, is available from the Trade Rules, Remedies and Tariffs Group, Competition, Trade and Investment Branch, Ministry of Economic Development,
PO Box 1473, Wellington 6140.