Pursuant to section 10D(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 2 December 2021:

Pursuant to section 10C of the Act the chief executive of the Ministry of Business, Innovation and Employment (“chief executive”) completed an investigation step 1 and found that the goods described in Schedule 1 (“subject goods”), when imported from Korea, are dumped and that material injury to an industry has been or is being caused because of the dumping, but that the subject goods, when imported from Taiwan, are not dumped and material injury to an industry has not been or is not being caused because of dumping of such goods.

On 2 December 2021:

Pursuant to section 10D(1) of the Act the Minister determined, in relation to the subject goods when imported from Korea, that the goods are dumped and material injury to an industry has been and is being caused because of the dumping (affirmative determination); and determined that in relation to the subject goods when imported from Taiwan, that the goods are not dumped and material injury to an industry has not been and is not being caused because of the dumping of such goods (negative determination).

Pursuant to section 10D(2)(a) of the Act, having made an affirmative determination under section 10D(1) with regard to imports of the subject goods from Korea, the Minister determined the rates of anti-dumping duty that will form the basis for an investigation step 2, applicable to the subject goods on the basis set out in Schedule 2.

Pursuant to section 10D(2)(b) of the Act, the Minister directed the chief executive to immediately start an investigation step 2 in accordance with sections 10F and 10G of the Act.

Pursuant to section 10D(3) of the Act, having made a negative determination under section 10D(1) with regard to imports of the subject goods from Taiwan, the Minister terminated the investigation in respect to these goods under section 11 of the Act.

Schedule 1

Goods Subject to Investigation

Country of Origin

Korea and Taiwan

Description of Goods

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

Flat rolled iron and steel products (whether or not containing alloys), plated or coated with principally aluminium-zinc alloys (but the plating or coating may contain other alloys), not painted, and whether or not including resin coating or other surface treatment.

The subject goods exclude:

• Goods for which there is no aluminium in the coating
• Goods for which there is no zinc in the coating (e.g. aluminised steel)
• Goods with coatings where zinc is the predominant or only element, whether or not aluminium is included, and whether electrolytically coated or hot dipped
• Goods for which there is no coating at all
• Goods of a thickness of 2mm or more.

The goods are currently classified under tariff headings 7210.61, which covers flat-rolled products of non-alloy steel plated or coated with aluminium-zinc alloys, and 7225.90 and 7226.90 which cover flat-rolled products of other alloy steel, and potentially of coatings of aluminium-zinc alloys. These classifications are provided for convenience and Customs purposes only, the written description being dispositive.

Schedule 2

Rate of Anti-dumping Duty

The rates of anti-dumping duty to form the basis for investigation step 2 in respect of the subject goods imported or intended to be imported into New Zealand from Korea shall be the rates listed below, calculated as a percentage of the declared New Zealand Customs value for duty of the subject goods.

Note: These duties do not come into force unless, following investigation step 2, there is a determination made under section 10H(1) of the Act that imposing the anti-dumping duties listed herein is in the public interest.

No duty applies in respect of the subject goods imported from Taiwan.

Dated at Dunedin this 2nd day of December 2021.

Hon Dr DAVID CLARK, Minister of Commerce and Consumer Affairs.

Note: A copy of the non-confidential version of the Step 1 Final 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/.