New Zealand Customs Service (NZCS) Non-Confidential Provisional Measures: Peaches in Preserving Liquid from the People's Republic of China

Instruction RCP/8/7/1/3

17 July 2006

1. Introduction

1. The current case was initiated on 21 February 2006 following an application from Heinz Watties (NZ) Limited (HW), alleging that dumping of preserved peaches from China had caused material injury.

2. The Minister of Commerce (the Minister) has given a provisional direction that dumped imports from China have caused material injury to HW, and that provisional duties are necessary to prevent any further material injury during the remainder of the investigation period.

3. The investigation will be completed on or before 20 August 2006, at which time the Minister will decide whether final anti-dumping duties are required.

4. Provisional duty paid in excess of any final duty imposed shall be refunded by NZCS if the Minister requires it.

5. In terms of section 16 of the Dumping and Countervailing Duties Act 1988, any provisional duty must be secured in accordance with sections 156 and 157 of the Customs and Excise Act 1996.

6. The Duties will be in effect from 18 July to 20 August 2006 (or such earlier date as the Minister may make a final determination).

1.1 Description

7. The goods subject to anti-dumping duty are:

8. The goods are currently 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.

1.2 Country of Origin

9. The country of origin of the subject goods is the People's Republic of China (China).

2. Provisional Anti-Dumping Duties

2.1 Description/Method

10. The duty to be secured on imports of the subject goods are ad valorem percentage rates of the NZCS value for duty (VFD) of the imports for the goods manufactured/supplied by the companies shown in the table below.

11. For exports of those container sizes where the symbol * is displayed in the following table, the "Other Exporters: Ad valorem duty rate", provided at the bottom of the table, applies for that container size.

*The Other Exporters Ad valorem duty rate for that container size applies.

12. To secure the correct rate of duty it will be necessary to identify the 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.

[Text deleted due to confidentiality]

13. The majority of preserved peaches imported will fall within one of the four specified container sizes: 120 g; 410 g; 820 g; and 3 kg. Where the containers are not one of the specified sizes, the closest size shall be used to determine the rate of duty. For example 300 g at the 410 g rate or 850 g at the 820 g rate.

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

2.2 Examples

1. Assume that the export invoice relates to a quantity of 410 g cans of preserved peaches supplied by Laiwu Prince Import & Export Co Ltd, which originate from China, at a total FOB price of USD140,000. The exchange rate that applies on the date of import is 0.7 therefore the value for duty (VFD) is NZ$200,000. To calculate the anti-dumping duty payable on this shipment, apply the rate of 41 percent to NZ$200,000, which equals duty to be secured of NZ$82,000.
2. In another example, assume that the export invoice is for a quantity of A10 cans, which originate from China and manufactured by AHCOF International Development, at a total FOB price of USD71,000. The exchange rate that applies at the date of import is 0.7 therefore the VFD is NZ$101,429. To calculate the anti-dumping duty payable on this shipment, apply the rate of 1 percent to NZ$101,429 (i.e. other exporters ad valorem duty rate for that container size), which equals duty to be secured of NZ$1,014.29.

15. Customs tariffs shall be calculated and applied as usual.

3. FAQ Page

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

4. Further Information

17. Should you have any queries regarding the operation of the anti-dumping duties described in these instructions please contact the Tariff Policy and Trade Rules Group as shown below:

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