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• 3. Anti-Dumping Duties

• Trade Remedies

• Completed Investigations

• Dumping Investigations

• Peaches from PR China

3.1 Description

6. The amount of anti-dumping duty to be paid on demand in respect of each size of preserved peaches imported or intended to be imported into New Zealand from China shall be, for subject goods from the suppliers/exporters listed in Table 3.1, the amount per kilogram by which the reference price, Normal Value (Value for Duty Equivalent) (NV(VFDE)) amount exceeds the FOB invoiced value of the goods.

7. The NV(VFDE) is denominated in Chinese Yuan/Renminbi (CNY) on a per kg basis. The FOB invoiced value of the goods shall normally be the Value for duty (VFD) for Customs purposes.

8. There is no anti-dumping duty imposed on imports of preserved peaches in containers less than 265 g in size and greater than 1.91 kg. Anti-dumping duty is imposed on container sizes between 265 g to 1.91 kg inclusive. See Table 3.3.

3.2 Anti-Dumping Duty

9. The following table lists the names of suppliers and the NV(VFDE) amount that applies to 410 g and 820 g sizes.

* The Other Exporters Reference Price for that container size applies.

10. For exports of those container sizes where the symbol * is displayed in Table 3.1 above, the "Other Exporters Reference Price", provided at the bottom of the table, applies for that container size.

11. To establish the correct NV(VFDE) amount it is necessary to identify the supplier/exporter of the goods subject to the duty. Some of the companies in the table above do not export directly to New Zealand. To assist in identifying the correct company, the following table shows exporters known to be associated with those companies that do not export directly to New Zealand.

12. In the following table, the companies on the left are those from Table 3.1 that are known to sell to the companies on the right, who are final exporters to New Zealand. Always confirm the originating Chinese exporter.

13. Almost all of the preserved peaches investigated fall within one of four container sizes: 120 g, 410 g, 820 g and 3 kg (or close alternatives). NV(VFDE) amounts have been established only for the 410 g and 820 g sizes. Where the containers are not one of the specified sizes, the closest size is to be used to determine the reference price. The following table shows the range of container sizes that apply to the specified sizes:

3.3 Method

14. Choose the appropriate NV(VFDE) amount depending upon the supplier and the size of the container. See Table 3.3 to determine whether a NV(VFDE) amount or no duty applies.

15. For containers to which duty does apply, establish the total amount of kilograms (kg) for each size of container and calculate the foreign value on a per kg basis.

16. Convert the foreign invoiced FOB value per kg to New Zealand Dollars (NZD) using the exchange rate that applies at the date of import.

17. Convert the applicable NV(VFDE) amount(s) to NZD using the exchange rate that applies at the date of import.

18. If the comparison of the two values shows that the invoiced FOB value per kg in NZD is less than the NV(VFDE) amount per kg in NZD then anti-dumping duty is payable equal to the difference between the 2 amounts. If the reverse situation occurs no anti-dumping duty is payable.

3.4 Examples

19. Below are examples of the calculation of the anti-dumping duty applicable to these goods. Note: the invoiced amounts used below are not actual prices.

Example One

20. You have an invoice for the importation of preserved peaches on an FOB basis regarding preserved peaches supplied by Laiwu Prince Import & Export. The details are as follows:

21. The exchange rate at the date of importation is NZD1.00:USD0.65 and NZD1.00:CNY4.99.

22. According to Table 3.1 the NV(VFDE) amount per kg that applies to imports of 410 g containers is CNYxxxx. The NV(VFDE) amount per kg that applies to imports of 850 g size containers is the 820 g amount of CNY7.54. Imports of preserved peaches of 3 kg are not subject to anti-dumping duty.

23. According to the details of the invoice shown above the total kg and the price per kg are:

24. The following table shows the conversion of the invoiced amount to NZD on a per kg basis:

25. The following table shows the conversion of the NV(VFDE) amounts to NZD on a per kg basis:

26. The following table shows the comparison of the two values and establishes the amount of anti-dumping duty payable:

27. Since the invoiced amount (VFD) per kg is lower for the 410 g, 500 g and 820 g containers than the respective NV(VFDE) amounts when converted to NZD, anti-dumping duty is payable. The total anti-dumping duty payable is $xxxx.

Example Two

28. You have an invoice for the importation of preserved peaches on an FOB basis regarding preserved peaches supplied by ABC Import & Export Co. The details are as follows:

29. The exchange rate at the date of importation is NZD1.00:USD0.65 and NZD1.00:CNY4.99

30. The invoice shows that the sizes of the containers are not exactly those shown in Table 3.1. No anti-dumping duty applies to the imports of 180 g container sizes as they are less than 265 g and the appropriate NV(VFDE) amounts for 500 g and 1,500 g containers are the 410 g and 820 g amounts, respectively (See Table 3.3). The Other Exporters Reference Prices apply as the exporter is not named in Table 3.1. These are CNY8.02 (410 g) and CNY7.54 (820 g) per kg.

31. According to the details of the invoice shown above the total kg and the price per kg are:

32. The following table shows the conversion of the invoiced amount to NZD on a per kg basis:

33. The following table shows the conversion of the NV(VFDE) amounts to NZD on a per kg basis:

34. The following table shows the comparison of the two values and establishes the amount of anti-dumping duty payable:

35. For the 500 g containers, the invoiced amount (VFD) per kg is lower than the NV(VFDE) amount when converted to NZD, therefore anti-dumping duty is payable. For the 1,500 g size containers, the invoiced amount (VFD) per kg is greater than the NV(VFDE) amount when converted to NZD, therefore no anti-dumping duty is payable. The total amount of anti-dumping duty payable is $1,980.00.