Final Report: Oil Filters from Indonesia, Korea and Thailand.
[ Last Updated 24 January 2006 ]
Dumping and Countervailing Duties Act 1988
Contents
PROCEEDINGS
FINDINGS OF THE INVESTIGATION TO DATE
TERMINATION
CONCLUSION
RECOMMENDATIONS
1. Proceedings
On 19 June 2000, the Ministry initiated an investigation into the alleged dumping of oil filters from Indonesia, Korea and Thailand.
The application for an investigation was made by GUD (NZ) Ltd and supported in writing by Sphinx Manufacturing Co Ltd. These two companies comprise the total New Zealand industry.
In the application, the industry alleged that oil filters produced in Indonesia, Korea and Thailand were being imported into New Zealand at dumped prices and that this was causing material injury to the industry.
On 3 November 2000, the New Zealand industry advised the Ministry in writing that it wished to withdraw its application.
2. Findings of the Investigation to Date
The investigation to date has provisionally found that all imports from Thailand during the period of investigation (1 June 1999 to 31 May 2000) were undumped. A small number of individual product lines from Korea have provisionally been found to be dumped as have a small number of individual product lines imported from Indonesia. The provisional volume of dumped imports is well below the percentage specified in Article 5.8 of the WTO Anti-Dumping Agreement (the Agreement) as being negligible. Negligible imports cannot in terms of the Agreement be treated as injurious.
In these circumstances, should the provisional findings be confirmed, both the Agreement and section 11 of the Dumping and Countervailing Duties Act 1988, (the Act) would require that the investigation be terminated immediately.
Draft verification reports, showing the provisional findings indicated above have been released to the one Thai exporter specifically investigated and to the larger of the two Korean suppliers specifically investigated. The Domestic Industry was made aware of the general findings in these reports.
3. Termination
Section 11(1) of the Dumping and Countervailing Duties Act provides as follows:
(1) Where the Minister, at any time before making a final determination under section 13 of this Act, is satisfied in respect of some or all of the goods under investigation, that:
(d) The application for the investigation has been withdrawn in writing by those New Zealand producers by or on whose behalf the application was made;
the Minister shall—
(f) Terminate the investigation with respect to those goods; and
(g) Give notice of such termination.
4. Conclusion
The withdrawal of the application in writing by the New Zealand industry meets the criteria for termination set out in section 11(1)(d) of the Act.
5. Recommendation
It is recommended that, pursuant to section 11(1)(d) of the Act, you terminate the investigation and sign the attached Gazette notice notifying that you have done so.
[Signed by Hon. Paul Swain on 13 November 2000]
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