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• Canned Peaches: Greece, EU
• Summary of Anti-Dumping Action

• Trade Remedies

• Completed Investigations

• Reassessment Investigations

• Canned Peaches: Greece, EU

December 2003

Contents

• Description of Goods
• Countries of Origin
• History of Determinations
• Anti-Dumping and Countervailing Duties
• Notes
  • General
  • Goods Description
• Further Information

Description of Goods

Peaches (halves, slices and pieces) packed in retail sized cans.

Countries of Origin

• Greece (anti-dumping duty only)
• Member States of the European Union (countervailing duty)

History of Determinations

Anti-Dumping Duty on Canned Peaches from Greece

Countervailing Duty on Canned Peaches from the EU

Anti-Dumping and Countervailing Duties

For two specified exporters, duties are in the form of Non-Injurious Free-On-Board (NIFOB)³ amounts in New Zealand dollars and Normal Unsubsidised Price Free-On-Board (NUPFOB)⁴ amounts in Euros. (NUPFOB and NIFOB amounts are also referred to as "reference prices"). Where exchange rate movements cause the NIFOB amount to exceed the NUPFOB amount the duty is based on the NUPFOB amount using the Alternative Rates.

For all other exporters, duties are in the form of ad valorem percentages, which are capped through the use of confidential NUPFOB amounts in euros.

For the two specified exporters, the amount of anti-dumping or countervailing duty payable is the amount by which the NIFOB or NUPFOB amount exceeds the New Zealand Value For Duty of the goods entered for home consumption. Where the country of origin is Greece, countervailing duty is levied first and cannot exceed the amount of subsidy per kilogram established during the review. The remaining duty (if any) is then levied as anti-dumping duty.

For all other exporters, the anti-dumping or countervailing duty payable is the amount resulting from the application of the relevant ad valorem percentage to the New Zealand Value For Duty of the goods entered for home consumption. This amount cannot exceed the duty payable from applying a confidential NUPFOB amount.

Duty amounts are shown in the table below.

NUPFOB and NIFOB Amounts in NZ$ or Euros (per kg) and Ad Valorem Percentage Rates

* Full Margin/NUPFOB rates in euros.

** NIFOB rates in NZ$.

*** Note: The alternative duty rate (NUPFOB) takes effect when exchange rates are such (i.e. if the NZ$ appreciates, which increases the NIFOB when expressed in euros) that the NUPFOB is lower than the NIFOB (when expressed in euros), and only where the reference price is a NIFOB amount in New Zealand dollars.

The New Zealand Customs Service holds a list of the confidential NUPFOB and NIFOB amounts. Venus Growers Co-operative and Manuel Garcia Campoy SA also hold the confidential NUPFOB and NIFOB amounts relating to their firms.

Notes

General

The goods are currently classified under Tariff Item and Statistical Keys 2008.70.09 02L.

Goods Description

Only canned peach halves, slices, and pieces will be subject to anti-dumping and countervailing duty.

The goods covered by the description given above are "Peaches (halves, slices and pieces) packed in retail sized cans". Retail sized cans are defined as those of up to and including cans with a nominal size (content) of 3 kilograms.

The following points should be noted:

Cans with a nominal net weight outside of the range specified in the above goods description, i.e. cans of a size greater than A10 (nominal size 3 kilograms) are excluded from the determination. These goods are therefore not subject to anti-dumping or countervailing duty.

A10 size cans may be shown with a nominal weight of up to 3060g. These cans are included in the determination and anti-dumping and countervailing duty should be collected.

Peaches packed other than in cans are not covered by the determination and are not subject to anti-dumping or countervailing duties. These may include for example, frozen peaches in solid pack cartons, and peaches packed in plastic pottles.

Canned product containing a mixture of peaches and other fruit, such as fruit salad, and peaches and pears, are not subject to duty.

Canned peaches of the kind subject to anti-dumping and countervailing duties may be invoiced according to either net weight or standard can sizes, e.g. 410g or N1M. Nominal industry standard weight equivalents are shown below.

Further Information

Any queries or requests for further information should be directed to Robin Hill at the Trade Remedies Group on telephone +64-4-470 2272 or facsimile +64-4-499 8508. Enquiries by email should be directed to traderem@med.govt.nz.

¹Date on which duties will cease to apply unless a review has been initiated prior to the date specified.

²Date on which duties will cease to apply unless a review has been initiated prior to the date specified.

³A NIFOB is a duty imposed at less than the margin of dumping/subsidisation and represents the FOB price at which imports would not cause injury to the New Zealand industry.

⁴A NUPFOB is a duty imposed at the full margin of dumping/subsidisation and represents the FOB price at which imports are not dumped/subsidised.