Pursuant to section 17G(4) of the Trade (Anti-dumping and Countervailing Duties) Act 1988 (“Act”), the Minister of Commerce and Consumer Affairs (“Minister”) gives the following notice.

On 18 November 2019:

Pursuant to section 17F of the Act the Chief Executive of the Ministry of Business, Innovation & Employment (Chief Executive) completed full review stage 1, and found that the continued imposition of anti-dumping duty on the goods described in Schedule 1 of this notice is necessary to offset dumping; and that material injury to an industry would be likely to continue or recur if the duty expired.

On 22 November 2019:

Pursuant to section 17G(1) of the Act the Minister determined that the continued imposition of anti-dumping duty on the goods described in Schedule 1 of this notice is necessary to offset dumping and that material injury to an industry would be likely to continue or recur if the duty expired (affirmative determination).

Pursuant to section 17G(2)(a) of the Act, having made an affirmative determination under section 17G(1), the Minister determined the rate of anti-dumping duty that will form the basis for full review stage 2, applicable to the goods described in Schedule 1 of this notice on the basis set out in the Schedule 2.

Pursuant to section 17G(2)(b) of the Act, the Minister directed the chief executive to immediately start full review stage 2 in accordance with sections 17H and 17I of the Act.

Schedule 1

Goods Subject to Review

Country of Origin

South Africa.

Description of Goods

The subject goods that this notice applies to are described as:

Canned peaches (halves, slices and 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, which classification is provided for convenience and customs’ purposes only, the written description of the goods being dispositive.

Schedule 2

Amount of Anti-Dumping Duty

The rates of anti-dumping duty that will form the basis for full review stage 2 conducted in accordance with sections 17H and 17I of the Act are:

Dated at Wellington this 22nd day of November 2019.

Hon KRIS FAAFOI, Minister of Commerce and Consumer Affairs.

Note: A copy of the non-confidential version of the 17F Report, which contains details of the investigation and the conclusions reached, is available on the website of the Ministry of Business, Innovation and Employment:
www.mbie.govt.nz/business-and-employment/business/trade-and-tariffs/trade-remedies/trade-remedy-investigations/