Investigation Types
[ Last Updated 13 February 2006 ]
Investigations into allegations of dumping or subsidisation of goods are carried out under the provisions of the Dumping and Countervailing Duties Act 1988 and an explanations of the basis of these types of investigation are to be found in the relevant guides available from the Ministry.
Temporary Safeguard Authority enquiries are subject to the Temporary Safeguards Act 1987. No guide is currently available in respect of this type of investigation, however the Ministry can provide information on request.
Review investigations relate to goods on which duties or undertakings are currently applicable and may be initiated either at the request of interested parties (sufficient reason required) or on the initiative of the Minister of Commerce. This type of investigation looks at the necessity for the continued application of duties or maintenance of undertakings on the particular goods and involves examination of both material injury and dumping/subsidisation. The examination is made in the context of deciding what the effect might be should the duties or undertaking be terminated. All known interested parties are invited to participate in the review investigation which is subject to an overall legislative timeframe of 180 days. Review investigations may result in the termination or continuation of the duty requirement or undertaking and may give rise to a reassessment of the applicable duty rates.
Reassessment investigations also relate to goods on which duties are currently applicable and may be initiated either at the request of interested parties (sufficient reason required) or on the initiative of the Minister of Commerce. This type of investigation, however, looks solely at the rate or amount of duty applicable. The outcome of a reassessment investigation may be the variation of the levels of duty, the form of duty or the liability for duty by specific suppliers. Reassessments are not bound by a legislative timeframe and will normally only involve suppliers and importers although all known interested parties will be advised of initiation and of the final outcome.
New shipper reassessments are applicable only in relation to certain goods in respect of which they are provided for in the Minister's original determination and imposition of duties. This situation will normally arise where duties have been imposed in the form of either Normal Value (Value For Duty Equivalent) amounts (referred to as NV(VFDE) amounts) or Non-Injurious Free-On-Board amounts (referred to as NIFOB amounts) applicable to specified suppliers. In such cases, goods from suppliers other than those specified will attract a residual rate, normally calculated as the weighted average margin of dumping or level of subsidisation from the specified suppliers. The new shipper reassessment mechanism allows suppliers to request the establishment of specific rates or amounts applicable to their goods.
From time to time the Ministry carries out inquiries outside of the investigative process these may for instance be monitoring of the the effectiveness of anti-dumping duties, whether anti-dumping duties are being correctly applied etc.
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