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• NZCS Instructions
• 4. Notes

• Trade Remedies

• Completed Investigations

• Dumping Investigations

• Peaches from PR China

4.1 Alert

36. In respect of imports from China, an ALERT has been put in place for the following tariff item and statistical key: 2008.70.09.00L.

4.2 Goods Description

37. Because certain sizes have been found to be undumped duties will not apply to all sizes within the goods description.

38. The following points should be noted:

1. Imports of containers that are less than 265 g or greater than 1.9 kg will not be subject to anti-dumping duty.
2. Preserved peaches in jelly do not attract anti-dumping duty as the carrier is not a liquid. Common liquids include syrup, juice or water.
3. Duties apply to varieties of preserved peach, including white peaches. Containers containing a mixture of peaches and other fruit, such as fruit salad, and peaches and pears, are not subject to anti-dumping duty.
4. Sizes refer to net weights, and therefore exclude the weight of the container.

39. Preserved peaches of the kind subject to anti-dumping duties may be invoiced according to either net weight or standard size descriptors, the equivalents of which are shown in the table below.

4.3 Refunds of Anti-Dumping Duty

40. Provisional anti-dumping duties were imposed by the Minister on 17 July 2006 under section 16(1) of the Act. Under section 16(5) of the Act the Minister has approved the refund by Customs of any provisional anti-dumping duty paid that was in excess of any final anti-dumping duty.

41. It is possible that provisional anti-dumping duty has been paid that is greater than would have been paid under the final duties set out above. In those cases Customs should calculate and refund any excess duty paid where an importer requests that excess duty be refunded.

4.4 Invoicing

42. If the invoice prices are not FOB, the FOB price for individual product lines can be calculated as follows:

1. Calculate the percentage of the invoice dollar total represented by the product line.
2. Apply this percentage to the foreign VFD shown on the entry to calculate the FOB applicable to the product line.

4.5 FAQ Page

43. The Frequently Asked Questions page may provide additional guidance regarding the applicability of the duties.