Dumping and Countervailing Duties Act 1988
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Reprint as at 30 May 2017
Dumping and Countervailing Duties Act 1988
Public Act |
1988 No 158 |
|
Date of assent |
29 November 1988 |
|
Commencement |
see section 1(2) |
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Ministry of Business, Innovation, and Employment.
Contents
An Act to provide for the imposition of dumping and countervailing duties
1 Short Title and commencement
(1)
This Act may be cited as the Dumping and Countervailing Duties Act 1988.
(2)
This Act shall come into force on 1 December 1988.
2 Application
This Act shall apply to investigations initiated under section 10 on or after the commencement of this Act.
3 Interpretation
(1)
In this Act, unless the context otherwise requires,—
building material—
(a)
means any structural or non-structural component and assembly incorporated into, associated with, or capable of being incorporated into or associated with a building; and
(b)
includes—
(i)
roofing, roofing underlay, flashing, cladding, building wrap, rainwater systems, trusses, framing and framing elements, supporting beams, partitioning, plasterboard and other internal linings, architraves and other trim, windows, doors, and insulation:
(ii)
sanitaryware:
(iii)
pipes, tubing, pipe fittings, tapware, hot water storage systems, hot water heating systems, and other plumbing fixtures:
(iv)
electrical material other than heating materials and appliances:
(v)
fixed cabinetry, bench tops, and splashbacks:
(vi)
sinks, hand basins, and washbasins:
(vii)
paint and varnish:
(viii)
reinforcing steel bar and coil:
(ix)
reinforcing steel mesh:
(x)
cement:
(xi)
adhesives and sealants:
(xii)
nails, screws, nailplates, and hinges:
(xiii)
locksets, passage sets, handles, door stops, and other builders hardware; but
(c)
does not include—
(i)
heating materials:
(ii)
heating appliances:
(iii)
wall and floor coverings (including wallpaper):
(iv)
air conditioning, ventilation components, and other ventilation products:
(v)
security systems:
(vi)
smoke alarms:
(vii)
lamps:
(viii)
decorative or removable light fittings:
(ix)
household appliances:
(x)
external drainage or pipes:
(xi)
landscaping:
(xii)
outdoor decorative items or materials:
(xiii)
pavers or fencing:
(xiv)
curtains, blinds, or drapes
Customs or the Customs has the meaning given to it by section 2(1) of the Customs and Excise Act 1996
day, except in sections 14(2), 17, and 17B(4), means any day of the week other than a day in the period beginning with 25 December in any year and ending with 15 January in the following year
dumping, in relation to goods, means the situation where the export price of goods imported into New Zealand or intended to be imported into New Zealand is less than the normal value of the goods as determined in accordance with the provisions of this Act, and dumped has a corresponding meaning
exporter has the meaning given to it in section 2(1) of the Customs and Excise Act 1996
goods means all kinds of movable personal property, including animals
foreign country means any country other than New Zealand
foreign Government means—
(a)
the Government of a foreign country:
(b)
a provincial, State, municipal, local, or regional Government or authority of a foreign country:
(c)
a body that exercises authority for an association of foreign countries:
(d)
a person, agency, or institution acting for, or on behalf of, a Government or body referred to in paragraph (a) or paragraph (b) or paragraph (c)
importer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996
like goods, in relation to any goods, means—
(a)
other goods that are like those goods in all respects; or
(b)
in the absence of goods referred to in paragraph (a), goods which have characteristics closely resembling those goods
Minister means the Minister of the Crown for the time being responsible for the administration of this Act
Ministry means the department of State that, with the authority of the Prime Minister, is responsible for the administration of this Act
residential building material means any building material that is capable of being incorporated into or associated with a residential dwelling (regardless of whether it is also capable of being incorporated into or associated with commercial premises)
Secretary means the chief executive of the Ministry
shipment has the meaning given to it in section 2(1) of the Tariff Act 1988
specific subsidy means a subsidy that is specific to an enterprise or industry, or a group of enterprises or industries, within the jurisdiction of a foreign Government
subsidised goods means goods in respect of the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export, or import of which a specific subsidy has been or will be paid, granted, authorised, or otherwise provided, directly or indirectly, by a foreign Government
subsidy includes any financial or other commercial benefit that has accrued or will accrue, directly or indirectly, to persons engaged in the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export, or import of goods, as a result of any scheme, programme, practice, or thing done, provided, or implemented by a foreign Government; but does not include the amount of any duty or internal tax imposed on goods by the Government of the country of origin or country of export from which the goods, because of their exportation from the country of export or country of origin, have been exempted or have been or will be relieved by means of refund or drawback
Tariff has the meaning given to it in section 2 of the Tariff Act 1988
WTO Agreement means the Agreement establishing the World Trade Organization adopted at Marrakesh on 15 April 1994.
(2)
For the purposes of this Act, a purchase or sale of goods shall not be treated as an arm’s length transaction if—
(a)
there is any consideration payable for or in respect of the goods other than their price; or
(b)
the price is influenced by a relationship between the buyer, or a related person, and the seller, or a related person; or
(c)
in the opinion of the Secretary, the buyer, or a person related to the buyer, will, directly or indirectly, be reimbursed, be compensated, or otherwise receive a benefit for, or in respect of, the whole or any part of the price.
(3)
Where goods are imported into New Zealand and are purchased by the importer from the exporter (whether before or after exportation) for a particular price and the Secretary is satisfied, after having regard to—
(a)
the amount of the price paid or to be paid for the goods by the importer; and
(b)
such other amounts as the Secretary determines to be costs necessarily incurred in the importation and sale of the goods; and
(c)
the likelihood that the amounts referred to in paragraph (a) and paragraph (b) will be able to be recovered within a reasonable time; and
(d)
such other matters as the Secretary considers relevant,—
that the importer, whether directly or through a related person, sells those goods in New Zealand (whether in the condition in which they were imported or otherwise) at a loss, the Secretary may treat the sale of those goods as indicating that the importer or a related person will, directly or indirectly, be reimbursed, be compensated, or otherwise receive a benefit for, or in respect of, the whole or any part of the price for the purposes of subsection (2)(c).
(4)
For the purposes of this Act, a person shall be deemed to be related to another person if—
(a)
one of them directly or indirectly controls the other (within the meaning of subsection (5)); or
(b)
both of them are directly or indirectly controlled by a third person (within that meaning); or
(c)
together they directly or indirectly control a third person (within that meaning).
(5)
For the purposes of subsection (4), a person controls another person if the first-mentioned person is in a position, whether legally or operationally, to exercise restraint or direction over the other person.
(6)
For the purposes of this Act, where, during the exportation of goods to New Zealand, the goods pass in transit from a country through another country, that other country shall be disregarded in ascertaining the country of export of the goods.
Section 3: substituted, on 1 January 1995, by section 2 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 3(1) building material: inserted, on 20 May 2014, by section 4(1) of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
Section 3(1) collector: repealed, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 3(1) Customs or the Customs: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 3(1) day: inserted, on 22 November 2006 (not applying to investigations initiated before this date), by section 4(1) of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
Section 3(1) exporter: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 3(1) importer: amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 3(1) Minister: replaced, on 20 May 2014, by section 4(2) of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
Section 3(1) Ministry: inserted, on 20 May 2014, by section 4(1) of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
Section 3(1) residential building material: inserted, on 20 May 2014, by section 4(1) of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
Section 3(1) Secretary: substituted, on 7 September 2000, by section 8(1) of the Ministry of Economic Development Act 2000 (2000 No 28).
Section 3(1) Secretary: amended, on 20 May 2014, by section 4(3) of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
3A Meaning of industry
For the purposes of this Act, the term industry, in relation to any goods, means—
(a)
the New Zealand producers of like goods; or
(b)
such New Zealand producers of like goods whose collective output constitutes a major proportion of the New Zealand production of like goods.
Section 3A: substituted, on 1 January 1995, by section 3 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
3B Meaning of goods of Australian origin
For the purposes of this Act, goods of Australian origin means goods falling within the classes of goods for the time being entitled to be entered under the Tariff at the rates and exemptions provided for Australia, or, if no rates or exemptions are provided in relation to particular goods for Australia, that would be entitled to be entered under the Tariff if rates and exemptions were provided in relation to those particular goods.
Section 3B: inserted, on 1 July 1990, by section 4 of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
3BA Meaning of goods of Singaporean origin
For the purposes of this Act, goods of Singaporean origin means goods falling within the classes of goods for the time being entitled to be entered under the Tariff at the rates and exemptions provided for Singapore, or, if no rates or exemptions are provided in relation to particular goods for Singapore, that would be entitled to be entered under the Tariff if rates and exemptions were provided in relation to those particular goods.
Section 3BA: inserted, on 1 January 2001, by section 4 of the New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95).
3C Act to bind the Crown
This Act binds the Crown.
Section 3C: inserted, on 1 July 1990, by section 5 of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
3D Enforcement of Act
(1)
The enforcement and collection of duties payable under this Act shall be a function of the Customs.
Section 3D: inserted, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
4 Export price
(1)
Subject to this section, for the purposes of this Act, the export price of any goods imported or intended to be imported into New Zealand which have been purchased by the importer from the exporter shall be—
(a)
where the purchase of the goods by the importer was an arm’s length transaction, the price paid or payable for the goods by the importer other than any part of that price that represents—
(i)
costs, charges, and expenses incurred in preparing the goods for shipment to New Zealand that are additional to those costs, charges, and expenses generally incurred on sales for home consumption; and
(ii)
any other costs, charges, and expenses resulting from the exportation of the goods, or arising after their shipment from the country of export; or
(b)
where the purchase of the goods by the importer was not an arm’s length transaction, and the goods are subsequently sold by the importer in the condition in which they were imported to a person who is not related to the importer, the price at which the goods were sold by the importer to that person less the sum of the following amounts:
(i)
the amount of any duties and taxes imposed under any Act; and
(ii)
the amount of any costs, charges, or expenses arising in relation to the goods after exportation; and
(iii)
the amount of the profit, if any, on the sale by the importer or, where the Secretary so directs, an amount calculated in accordance with such rate as the Secretary determines as the rate of profit on the sale by the importer having regard to the rate of profit that would normally be realised on sales of goods of the same category by the importer where such sales exist; or
(c)
where the purchase of the goods by the importer was not an arm’s length transaction, and the goods are subsequently sold by the importer in a condition different from the condition in which they were imported, a reasonable price determined by the Secretary in the circumstances of the case.
(2)
Where—
(a)
goods are or are to be shipped to New Zealand on consignment and there is no known purchaser in New Zealand for the goods; or
(b)
there is no exporter’s sale price or no price at which the importer or a person not related to the importer, has purchased or agreed to purchase the goods,—
the export price, for the purposes of this Act, shall be determined in such manner as the Secretary considers appropriate having regard to all the circumstances of the exportation.
Section 4(1)(a): amended, on 1 January 1995, by section 4(1) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 4(1)(b): substituted, on 1 January 1995, by section 4(2) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 4(1)(c): added, on 1 January 1995, by section 4(2) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 4(2): amended, on 1 January 1995, by section 4(3)(b) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 4(2)(b): amended, on 1 January 1995, by section 4(3)(a) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
5 Normal value
(1)
Subject to this section, for the purposes of this Act, the normal value of any goods imported or intended to be imported into New Zealand shall be the price paid for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arm’s length transactions by the exporter or, if like goods are not so sold by the exporter, by other sellers of like goods.
(2)
Where the Secretary is satisfied that the normal value of goods imported or intended to be imported into New Zealand cannot be determined under subsection (1) because—
(a)
there is an absence of sales that would be relevant for the purpose of determining a price under that subsection; or
(b)
the situation in the relevant market is such that sales in that market that would otherwise be relevant for the purpose of determining a price under subsection (1) are not suitable for use in determining such a price; or
(c)
like goods are not sold in the ordinary course of trade for home consumption in the country of export in sales that are arm’s length transactions by the exporter and it is not practicable to obtain within a reasonable time information in relation to sales by other sellers of like goods that would be relevant for the purpose of determining a price under subsection (1),—
the Secretary may determine that the normal value, for the purposes of this Act, shall be either—
(d)
the sum of—
(i)
such amount as is determined by the Secretary to be the cost of production or manufacture of the goods in the country of export; and
(ii)
on the assumption that the goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export,—
(A)
such amounts as the Secretary determines would be reasonable amounts for administrative and selling costs, delivery charges, and other charges incurred in the sale; and
(B)
an amount calculated in accordance with such rate as the Secretary determines would be the rate of profit on that sale having regard to the rate of profit normally realised on sales of goods (where such sales exist) of the same general category in the domestic market of the country of export of the goods; or
(e)
the price that is representative of the price paid for similar quantities of like goods sold at arm’s length in the ordinary course of trade in the country of export for export to a third country.
(3)
Where the normal value of goods imported or intended to be imported into New Zealand is the price paid for like goods, in order to effect a fair comparison for the purposes of this Act, the normal value and the export price shall be compared by the Secretary—
(a)
at the same level of trade; and
(b)
in respect of sales made at as nearly as possible the same time; and
(c)
with due allowances made as appropriate for any differences in terms and conditions of sales, levels of trade, taxation, quantities, and physical characteristics, and any other differences that affect price comparability.
(4)
Where the normal value of goods exported to New Zealand is to be ascertained in accordance with subsection (2), the Secretary shall make such adjustments as are necessary to ensure that the normal value so ascertained is properly comparable with the export price of those goods.
(5)
Where—
(a)
the actual country of export of goods imported or intended to be imported into New Zealand is not the country of origin of the goods; and
(b)
the Secretary is of the opinion that the normal value of the goods should be ascertained for the purposes of this Act as if the country of origin were the country of export,—
the Secretary may direct that the normal value of the goods shall be so ascertained.
(6)
Where the Secretary is satisfied, in relation to goods imported or intended to be imported into New Zealand, that—
(a)
the price paid for like goods—
(i)
sold for home consumption in the country of export in sales that are arm’s length transactions; or
(ii)
sold in the country of export to a third country in sales that are arm’s length transactions,—
is, and has been for an extended period of time and in respect of a substantial quantity of like goods, less than the sum of—
(iii)
such amount as the Secretary determines to be the cost of production or manufacture of the like goods in the country of export; and
(iv)
such amounts as the Secretary determines to be reasonable amounts for administrative and selling costs, delivery charges, and other charges necessarily incurred in the sale of the like goods by the seller of the goods; and
(b)
it is likely that the seller of those like goods will not be able to fully recover the amounts referred to in subparagraphs (iii) and (iv) of paragraph (a) within a reasonable period of time,—
the price so paid for those like goods shall be deemed not to have been paid in the ordinary course of trade.
Section 5: substituted, on 1 January 1995, by section 5 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
6 Export price and normal value
(1)
Where the Secretary is satisfied that sufficient information has not been furnished or is not available to enable the export price of goods to be ascertained under section 4, or the normal value of goods to be ascertained under section 5, the normal value or export price, as the case may be, shall be such amount as is determined by the Secretary having regard to all available information.
(2)
For the purposes of subsection (1), the Secretary may disregard any information that the Secretary considers to be unreliable.
Section 6(1): amended, on 1 January 1995, by section 6 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 6(2): amended, on 1 January 1995, by section 6 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
7 Amount of subsidy
(1)
In this Act, the expression amount of the subsidy, in relation to any subsidised goods, means the amount determined by the Secretary as being the benefit conferred on the recipient of the subsidy.
(2)
For the purposes of subsection (1),—
(a)
the provision of equity capital by a foreign Government shall not be regarded as conferring a benefit, unless the investment decision in relation to the provision of that equity capital can be regarded as inconsistent with the usual investment practice (including for the provision of risk capital) of private investors in the territory of the exporting country:
(b)
the provision of a loan by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the loan is less than the amount that the recipient would pay under a comparable commercial loan that the recipient could obtain on the market, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts:
(c)
the provision of a loan guarantee by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the government guaranteed loan is less than the amount that the recipient would pay under a comparable commercial loan that was not so guaranteed, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts:
(d)
the provision of goods or services, or the purchase of goods, by a foreign Government shall not be regarded as conferring a benefit, unless the goods or services are provided for less than adequate remuneration within the meaning of subsection (4), or the goods are purchased for more than adequate remuneration, as the case may be.
(3)
For the purposes of subsection (1), the following amounts shall not be included in the amount of the subsidy:
(a)
any application fee or other fees or costs necessarily incurred in order to qualify for, or to receive the benefit of, the subsidy:
(b)
any export taxes, duties, or other charges levied on the export of the goods to New Zealand that are specifically intended to offset the subsidy.
(4)
For the purposes of subsection (2)(d), adequate remuneration shall be determined in relation to prevailing market conditions in the country concerned for the goods or services, taking into account price, quality, availability, marketability, transportation, and other conditions of the provision or purchase.
(5)
Where the Secretary is satisfied that sufficient information has not been furnished or is not available to enable the amount of the subsidy to be ascertained for the purposes of this Act, the amount of the subsidy shall be such amount as is determined by the Secretary having regard to all available information that the Secretary considers to be reliable.
Section 7: substituted, on 1 January 1995, by section 7 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
8 Material injury
(1)
In determining for the purposes of this Act whether or not any material injury to an industry has been or is being caused or is threatened or whether or not the establishment of an industry has been or is being materially retarded by means of the dumping or subsidisation of goods imported or intended to be imported into New Zealand from another country, the Secretary shall examine—
(a)
the volume of imports of the dumped or subsidised goods; and
(b)
the effect of the dumped or subsidised goods on prices in New Zealand for like goods; and
(c)
the consequent impact of the dumped or subsidised goods on the relevant New Zealand industry.
(2)
Without limiting the generality of subsection (1), and without limiting the matters that the Secretary may consider, the Secretary shall have regard to the following matters:
(a)
the extent to which there has been or is likely to be a significant increase in the volume of imports of dumped or subsidised goods either in absolute terms or in relation to production or consumption in New Zealand:
(b)
the extent to which the prices of the dumped or subsidised goods represent significant price undercutting in relation to prices in New Zealand (at the relevant level of trade) for like goods of New Zealand producers:
(c)
the extent to which the effect of the dumped or subsidised goods is or is likely significantly to depress prices for like goods of New Zealand producers or significantly to prevent price increases for those goods that otherwise would have been likely to have occurred:
(d)
the economic impact of the dumped or subsidised goods on the industry, including—
(i)
actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilisation of production capacity; and
(ii)
factors affecting domestic prices; and
(iii)
the magnitude of the margin of dumping; and
(iv)
actual and potential effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investments:
(e)
factors other than the dumped or subsidised goods that have injured, or are injuring, the industry, including—
(i)
the volume and prices of goods that are not sold at dumped prices or that are not subsidised; and
(ii)
contraction in demand or changes in the patterns of consumption; and
(iii)
restrictive trade practices of, and competition between, overseas and New Zealand producers; and
(iv)
developments in technology; and
(v)
the export performance and productivity of the New Zealand producers:
(f)
the nature and extent of importations of dumped or subsidised goods by New Zealand producers of like goods, including the value, quantity, frequency, and purpose of any such importations.
(3)
For the purposes of this section, the Secretary may disregard any information that the Secretary considers to be unreliable.
Section 8: substituted, on 1 January 1995, by section 8 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
9 Form of notice
For the purposes of this Act, reference to a notice means a notice—
(a)
containing a brief summary of the reasons for the giving of the notice; and
(b)
given to—
(i)
the Government or Governments of the country or countries of the export of goods to which the notice relates; and
(ii)
exporters and importers known by the Secretary to have an interest in those goods; and
(iii)
the applicant in relation to those goods; and
(iv)
where the Minister or the Secretary is taking action under section 18, the Government of the third country on behalf of whom the Minister or the Secretary is taking action; and
(c)
published in the Gazette.
Section 9(a): substituted, on 1 July 1990, by section 6 of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
Section 9(b)(iii): amended, on 1 January 1995, by section 9(a) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 9(b)(iv): amended, on 1 January 1995, by section 9(b) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
10 Initiation and subsequent investigation
(1)
Subject to this section, on receipt of a properly documented application made by or on behalf of New Zealand producers of like goods and on being satisfied that sufficient evidence has been provided that—
(a)
goods imported or intended to be imported into New Zealand are being dumped or subsidised; and
(b)
by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded,—
the Secretary may initiate an investigation to determine both the existence and the effect of any alleged dumping or subsidisation of any goods.
(2)
For the purposes of this section, a properly documented application must include:
(a)
evidence of—
(i)
dumping or subsidisation, as the case may be; and
(ii)
injury to the industry; and
(iii)
a causal link between the alleged dumping or subsidisation and the alleged injury; and
(b)
such information as is reasonably available to the applicant in relation to the following:
(i)
the names of the New Zealand producers making the application:
(ii)
the names of all other known New Zealand producers of like goods:
(iii)
a description of the volume and value of the domestic production of like goods, both by the producers referred to in subparagraph (i) and by the producers referred to in subparagraph (ii):
(iv)
a complete description of the allegedly dumped or subsidised goods:
(v)
the names of the countries of origin or export of the allegedly dumped or subsidised goods:
(vi)
the name of each known exporter or overseas producer of allegedly dumped or subsidised goods:
(vii)
the names of persons known to be importing the allegedly dumped or subsidised goods:
(viii)
in the case of subsidised goods, the existence, amount, and nature of the subsidy:
(ix)
normal values of the allegedly dumped goods when destined for consumption in the domestic markets of the countries of origin or export (or, where appropriate, either the prices at which the goods are sold from the countries of origin for export to third countries, or the prices based on a constructed value):
(x)
the export prices of the allegedly dumped or subsidised goods (or, where appropriate, the prices at which the goods are first resold in arm’s length transactions in New Zealand):
(xi)
the import volumes into New Zealand of the allegedly dumped or subsidised goods:
(xii)
the effects that the imports of the allegedly dumped or subsidised goods have had, or will have, on prices of like goods in New Zealand:
(xiii)
the consequent impact of those imports on the industry:
(xiv)
relevant factors affecting the industry that may have a bearing on the information required under subparagraphs (xii) and (xiii).
(3)
An investigation shall not be initiated under this section unless the Secretary is satisfied that the collective output of those New Zealand producers who have, in writing, expressed support for the application constitutes—
(a)
25% or more of the total New Zealand production of like goods produced for domestic consumption (assessed during the most recent representative period, being not less than 6 months); and
(b)
more than 50% of the total production of like goods produced for domestic consumption (as so assessed) by those New Zealand producers who have, in writing, expressed support for or opposition to the application.
(4)
Where the Secretary initiates an investigation, pursuant to subsection (1), in respect of the existence and effect of any alleged dumping or subsidisation of goods, notice of the initiation of the investigation shall be given.
(5)
Upon the initiation of an investigation by the Secretary pursuant to subsection (1) and thereafter during the course of the investigation, evidence of the dumping or subsidisation and of the material injury to an industry shall be considered simultaneously.
(6)
The Secretary, after initiating an investigation pursuant to subsection (1), shall ensure that all interested parties to the investigation are given reasonable opportunity—
(a)
to present in writing all evidence relevant to the investigation, and, upon justification being shown, to present such evidence orally:
(b)
unless the information may be withheld under the Official Information Act 1982, to have access to all non-confidential information relevant to the presentation of their case and that is used by the Secretary in the investigation, and to prepare representations on the basis of that information:
(c)
on request being made, to meet those parties with adverse interests in order to present opposing views.
(7)
Where a party has submitted information to the Secretary, and has shown good cause for the Secretary to believe—
(a)
that the information would be of significant competitive advantage to a competitor of, or the disclosure of the information would otherwise have a significant adverse effect upon,—
(i)
the party who submitted the information; or
(ii)
the party from whom the information was acquired by the party who submitted the information; or
(iii)
any party to whom the information relates; or
(b)
that the information otherwise should be treated as confidential,—
the Secretary shall not disclose the information without the express permission of any such party that would be adversely affected by its release.
(8)
The Secretary may request parties who have provided confidential information to furnish—
(a)
a non-confidential summary of the information; or
(b)
if it is claimed that the information is not susceptible of such summary, a statement of the reasons why such summary is not possible,—
and the Secretary may disregard any information for which the party submitting it fails to provide either a satisfactory summary or satisfactory reason why such summary cannot be provided.
(9)
Before initiating an investigation under subsection (1), the Secretary shall—
(a)
notify the Government or Governments of the country or countries of export of the goods that are the subject of the proposed investigation; and
(b)
in the case of an application for the investigation into the subsidisation of any goods, give that Government or those Governments a reasonable opportunity for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.
(10)
Nothing in this section shall authorise the Secretary to initiate an investigation in relation to any alleged dumping of goods of Australian origin.
Section 10: substituted, on 1 January 1995, by section 10 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
10A Notice to parties to investigation
(1)
Subject to subsection (2), within 150 days after the initiation of an investigation under section 10, the Secretary shall give to the parties to the investigation referred to in section 9(b) written advice of the essential facts and conclusions that will likely form the basis for any final determination to be made under section 13.
(2)
Nothing in subsection (1) limits the Official Information Act 1982 or section 10(7) of this Act.
Section 10A: inserted, on 1 January 1995, by section 11 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
11 Termination of investigations
(1)
Where the Minister, at any time before making a final determination under section 13, is satisfied in respect of some or all of the goods under investigation, that—
(a)
there is insufficient evidence of dumping or subsidisation to justify proceeding with the investigation; or
(b)
there is insufficient evidence that material injury to a New Zealand industry has been or is being caused or is threatened or the establishment of a New Zealand industry has been or is being materially retarded by means of the dumping or subsidisation of the goods; or
(c)
in the case of subsidisation, the imposition of a countervailing duty in respect of those goods would be inconsistent with New Zealand’s obligations as a party to the WTO Agreement; or
(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; or
(e)
New Zealand producers who previously expressed support for the application for the investigation have withdrawn that support in writing to such an extent that, by reason of section 10(3), the investigation could not have been initiated,—
the Minister shall—
(f)
terminate the investigation with respect to those goods; and
(g)
give notice of such termination.
(2)
For the purposes of subsection (1)(a), evidence of dumping or subsidisation shall be insufficient where,—
(a)
in the case of dumping, the margin of dumping is,—
(i)
in the case of goods of Singaporean origin, less than 5% (expressed as a percentage of the export price); or
(ii)
in the case of goods of any other origin, less than 2% (expressed as a percentage of the export price); or
(b)
in the case of subsidisation, the amount of the subsidy is less than 1% of the value of the goods at the time of import; or
(c)
in the case of either dumping or subsidisation, the volume of imports of dumped or subsidised goods, expressed as a percentage of total imports of like goods into New Zealand, is negligible, having regard to New Zealand’s obligations as a party to the WTO Agreement.
(2A)
For the purposes of subsection (2)(c), in applying Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, annexed to the WTO Agreement, in relation to goods of Singaporean origin,—
(a)
the first reference in Article 5.8 to “3 per cent”
must be read as a reference to “5 per cent”
; and
(b)
accordingly, if the volume of goods of Singaporean origin dumped is found to account for less than 5% of the total imports of like goods into New Zealand, the volume of goods dumped must normally be regarded as negligible.
(3)
Where—
(a)
any investigation is terminated under subsection (1), and it is subsequently ascertained that information supplied affecting the investigation was incorrect or did not disclose material facts, and that the information is of such nature as materially to affect the decision to terminate the investigation; or
(b)
any investigation is terminated pursuant to an undertaking given by the Government of the country of export or by an exporter, as the case may be, under section 15(1) and that Government or that exporter violates that undertaking,—
the Secretary may initiate a further investigation and all the provisions of this Act shall have effect accordingly.
(4)
Notice shall be given of the initiation of every further investigation under subsection (3).
Section 11: substituted, on 1 January 1995, by section 12 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 11(2)(a): substituted, on 1 January 2001, by section 5(1) of the New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95).
Section 11(2A): inserted, on 1 January 2001, by section 5(2) of the New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95).
12 Preliminary determination
[Repealed]Section 12: repealed, on 1 January 1995, by section 13 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
13 Final determination
(1)
Subject to section 11, within 180 days after the initiation of an investigation under section 10 (but not less than 30 days after the provision of information in accordance with section 10A), the Minister shall make a final determination as to whether or not, in relation to the importation or intended importation of goods into New Zealand,—
(a)
the goods are being dumped or subsidised; and
(b)
by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded.
(2)
Notice of the final determination of the Minister shall be given as soon as practicable after it is made.
Section 13: substituted, on 1 January 1995, by section 14 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
14 Anti-dumping and countervailing duties
(1)
At any time after the Minister makes a final determination under section 13(1) in relation to goods, the Minister may give notice of the rate or amount of duty determined under subsection (4) of this section (which notice may be given simultaneously with, or at any time after, the notice given under section 13(2)) and there shall, with effect on and from the applicable date referred to in section 17, 17A, or 17B, be imposed,—
(a)
in respect of those goods that are dumped, a duty to be known as anti-dumping duty:
(b)
in respect of those goods that are subsidised, a duty to be known as countervailing duty.
(2)
Anti-dumping duty or countervailing duty, as the case may be, imposed under subsection (1), shall be collected and paid on the demand of the Customs on and from the day after the date on which the notice under subsection (1) is published in the Gazette.
(3)
Notwithstanding subsection (1)(b), no countervailing duty may be imposed under this section if to do so would be inconsistent with New Zealand’s obligations as a party to the WTO Agreement.
(4)
The anti-dumping duty or countervailing duty in the case of goods to which this section applies shall be a rate or amount determined by the Minister,—
(a)
in the case of dumped goods, not exceeding the difference between the export price of the goods and their normal value; and
(b)
in the case of subsidised goods, not exceeding the amount of the subsidy on the goods.
(5)
In exercising the discretion under subsection (4), the Minister shall have regard to the desirability of ensuring that the amount of anti-dumping or countervailing duty in respect of those goods is not greater than is necessary to prevent the material injury or a recurrence of the material injury or to remove the threat of material injury to an industry or the material retardation to the establishment of an industry, as the case may require.
(6)
The Secretary may initiate a reassessment of any rate or amount of anti-dumping or countervailing duty determined under subsection (4), including any elements of any formula used to establish such a rate or amount,—
(a)
on the initiative of the Secretary; or
(b)
where a request for a reassessment is submitted to the Secretary by an interested party who submits evidence justifying the need for a reassessment; or
(c)
following the completion of a review carried out under subsection (8)—
and the Minister may determine a new rate or amount in accordance with subsection (4), and, in that event, shall give notice of the new rate or amount.
(7)
The Minister may, by notice, terminate, in whole or in part, the imposition of any anti-dumping or countervailing duty imposed under this section, with effect from the date specified in the notice, which date may be prior to the date of the notice.
(8)
The Secretary may, on his or her own initiative, and shall, where requested to do so by an interested party that submits positive evidence justifying the need for a review, initiate a review of the imposition of anti-dumping duty or countervailing duty in relation to goods and shall complete that review within 180 days of its initiation.
(9)
Anti-dumping duty or countervailing duty applying to any goods shall cease to be payable on those goods from the date that is the specified period after—
(a)
the date of the final determination made under section 13 in relation to those goods; or
(b)
the date of notice of any reassessment of duty given under subsection (6), following a review carried out under subsection (8),—
whichever is the later, unless, at that date, the goods are subject to review under subsection (8).
(9A)
In subsection (9), specified period means,—
(a)
in the case of goods of Singaporean origin, 3 years; and
(b)
in the case of goods of any other origin, 5 years.
(10)
Without limiting the ability of the Minister to require refunds in other circumstances, where a reassessment under subsection (6) results in a lower duty being imposed on any goods, the Minister may require the Customs to refund, with effect from the date of initiation of the reassessment (or, in the case of a reassessment carried out under paragraph (c) of that subsection, from the date of initiation of the review referred to in that paragraph), the difference between the duty paid and the lower duty.
Section 14: substituted, on 1 January 1995, by section 15 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 14(1): amended, on 22 November 2006, by section 5 of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
Section 14(2): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 14(9): amended, on 1 January 2001, by section 6(1) of the New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95).
Section 14(9A): inserted, on 1 January 2001, by section 6(2) of the New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95).
Section 14(10): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
14AA Temporary suspension of anti-dumping duties on residential building material
(1)
In this section, specified period means the period beginning on 1 June 2014 and ending on the close of 30 June 2019.
(2)
During the specified period,—
(a)
no new anti-dumping duty may be imposed under section 14(1) or 16(1) or (2) on any residential building material:
(b)
existing anti-dumping duties on standard plasterboard from Thailand are suspended.
(3)
If the Minister notifies a rate or amount of anti-dumping duty on any residential building material during the specified period, the new duty is imposed and takes effect on and from 1 July 2019.
(4)
If the Minister varies the rate or amount of any existing anti-dumping duty on any residential building material during the specified period, the new rate takes effect on and from 1 July 2019.
(5)
To avoid doubt,—
(a)
this section does not affect the Minister’s power to terminate an existing notice under section 14(7):
(b)
any anti-dumping duty on an item of the kind referred to in subsection (2)(b) that was imposed and payable before the specified period remains payable.
Section 14AA: inserted, on 20 May 2014, by section 5 of the Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31).
Section 14AA(1): amended on 30 May 2017, by section 16(1) of the Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 (2017 No 21).
Section 14AA(2)(b): replaced on 30 May 2017, by section 16(3) of the Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 (2017 No 21).
Section 14AA(3): amended on 30 May 2017, by section 16(4) of the Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 (2017 No 21).
Section 14AA(4): amended on 30 May 2017, by section 16(4) of the Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 (2017 No 21).
14A Refund of excess anti-dumping duty paid
(1)
An importer may apply to the Minister for a refund of excess anti-dumping duty paid in respect of goods imported during an importation period.
(2)
Excess anti-dumping duty is paid if the total amount of anti-dumping duty in respect of all goods imported during the importation period exceeds the difference between—
(a)
the export prices of those imported goods; and
(b)
the normal values of those imported goods.
(3)
An application for a refund under subsection (1) must—
(a)
be made no later than 6 months after the end of the importation period; and
(b)
be addressed to the Secretary; and
(c)
be in the form (if any) required by the Secretary; and
(d)
be accompanied by the documentary evidence specified in subsection (4); and
(e)
state the total amount of refund of excess anti-dumping duty sought for the importation period.
(4)
An application for a refund must be accompanied by documentary evidence of the following matters in respect of each importation of the goods into New Zealand during the importation period:
(a)
the date of importation; and
(b)
the amount of anti-dumping duty paid in respect of the goods; and
(c)
the export price of the goods; and
(d)
the normal value of the goods.
(5)
After receiving an application, the Secretary may require the applicant to provide any further information relating to the application that the Secretary considers necessary.
(6)
As soon as practicable after receiving an application and any further information required under subsection (5), the Secretary must provide a report to the Minister.
(7)
If the Minister, after considering the application and Secretary’s report, is satisfied that excess anti-dumping duty has been paid by the applicant in respect of goods imported during the importation period, the Minister may require Customs to refund that excess anti-dumping duty.
(8)
In this section, importation period means a period of 6 months that—
(a)
commences on 1 April and ends on 30 September in the same year; or
(b)
commences on 1 October and ends on 31 March the following year.
Section 14A: inserted, on 12 December 2012, by section 4 of the Dumping and Countervailing Duties Amendment Act 2012 (2012 No 101).
15 Price undertakings
(1)
Subject to subsection (1A), where, in relation to the exportation of any consignment of goods to New Zealand, the Secretary has initiated an investigation pursuant to section 10, the Minister may terminate consideration of that consignment if the Minister is given and accepts an undertaking by the Government of the country of export or by the exporter of the goods that the Government or the exporter, as the case may be, will so conduct future export trade to New Zealand of like goods to the goods in the consignment to avoid causing or threatening material injury to an industry or materially retarding the establishment of an industry.
(1A)
Before accepting any undertaking given under subsection (1), the Minister must have reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that—
(a)
the goods are being dumped or subsidised; and
(b)
by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded.
(2)
Any price increases in an undertaking accepted by the Minister shall not exceed the difference between the export price of the goods and their normal value or the amount of subsidisation, as the case may be.
(3)
The Minister may be given and accept any amendment to an undertaking because of altered circumstances.
(4)
If the Minister accepts an undertaking, the investigation of the extent of injury to an industry shall nevertheless be completed if the Minister or the Government of the country of export or the exporter, as the case may be, so desires.
(5)
If an investigation referred to in subsection (4) is completed and no determination of material injury, threat thereof, or material retardation to the establishment of an industry is made, the undertaking shall automatically lapse, except in cases where a determination of no threat of injury is attributable to a significant degree to the existence of the undertaking, in which case the Minister may require that the undertaking be maintained for such reasonable period as the Minister may determine.
(6)
The Minister may require any party from whom undertakings have been accepted to provide information relevant to the fulfilment of the undertaking.
(7)
The Secretary may, on his or her own initiative, and shall, where requested to do so by an interested party that submits positive evidence justifying the need for a review, initiate a review of any undertaking given and accepted under this section and shall complete that review within 180 days of its initiation.
(8)
Any undertaking given and accepted under this section shall automatically lapse from the date that is the later of 5 years after—
(a)
the date of the acceptance of the undertaking; or
(b)
where a review carried out under subsection (7) has been completed and the undertaking continued in the same or a modified form, the date of the initiation of that review—
unless, at that date, the undertaking is subject to review under subsection (7).
(9)
If an investigation is terminated in accordance with subsection (1), notice of the termination shall be given.
Section 15(1): amended, on 1 January 1995, by section 16(1) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 15(1A): inserted, on 1 January 1995, by section 16(2) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 15(2): amended, on 1 July 1990, by section 11(1) of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
Section 15(4): amended, on 1 July 1990, by section 11(2) of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
Section 15(7): substituted, on 1 January 1995, by section 16(3) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 15(8): substituted, on 1 January 1995, by section 16(3) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
16 Provisional measures
(1)
If, at any time after 60 days from the date on which an investigation has been initiated by the Secretary under section 10 (not being an investigation that has been terminated under section 11),—
(a)
the Minister has reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that—
(i)
the goods are being dumped or subsidised; and
(ii)
by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded; and
(b)
the Minister is satisfied that action under this section is necessary to prevent material injury being caused during the period of investigation,—
the Minister may, by notice, give a provisional direction that payment of duty in respect of the goods shall be secured in accordance with sections 156 and 157 of the Customs and Excise Act 1996, except that the rate or amount of duty to be secured shall not exceed the difference between the export price of the goods and their normal value, or the amount of the subsidy, as the case may be.
(2)
Notwithstanding subsection (1), at any time after the Secretary has initiated an investigation under section 11(3)(b), the Minister may, by notice, give a provisional direction that payment of duty in respect of the goods the subject of the investigation shall be secured in accordance with sections 156 and 157 of the Customs and Excise Act 1996.
(3)
A provisional direction given under subsection (1) or subsection (2) shall in all cases cease to have effect following the final determination made by the Minister pursuant to section 13.
(4)
When a provisional direction given under subsection (1) or subsection (2) ceases to have effect, any security given pursuant to the provisional direction shall be released, except to the extent that duties are payable on goods imported prior to the direction ceasing to have effect.
(5)
Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) exceeds the amount of duty determined under section 14(4), the amount of the excess shall be remitted by the Customs if so required by the Minister.
(6)
Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) is less than the amount of duty determined under section 14(4), the amount of the difference shall not be collected on those importations subject to the provisional direction.
Section 16: substituted, on 1 January 1995, by section 17 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 16(1): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 16(2): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
Section 16(5): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).
17 Date on and from which duty payable
The date on and from which anti-dumping duty or countervailing duty is payable or must be secured is—
(a)
for a provisional direction under section 16(1) or (2), the day after the date of that direction:
(b)
for a final determination under section 13(1),—
(i)
the day after the date of that determination; or
(ii)
a specified day after the day in subparagraph (i):
(c)
for a reassessment determination under section 14(6),—
(i)
the day after the date of that reassessment determination; or
(ii)
a specified day after the day in subparagraph (i).
Section 17: substituted, on 22 November 2006, by section 6(1) of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
17A Duty may be levied retrospectively to cover period of provisional measures if certain conditions met
(1)
This section applies if the Minister makes a provisional direction and later makes a final determination on the grounds of—
(a)
material injury to an industry; or
(b)
a threat of material injury where there would have been material injury if there had not been provisional measures.
(2)
The Minister may impose anti-dumping duty or countervailing duty retrospectively for all or part of the period covered by the earlier provisional direction.
(3)
This section overrides section 17 if this section’s conditions are met.
Section 17A: inserted, on 22 November 2006, by section 6(1) of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
17B Duty may be levied retrospectively to cover period of up to 60 days before provisional measures if certain conditions met
(1)
This section applies if the Minister determines that it is necessary to impose retrospective anti-dumping duty or countervailing duty to preclude recurrence of material injury and the Minister determines either of the following:
(a)
for dumped goods,—
(i)
either that—
(A)
there is a history of dumping causing material injury; or
(B)
the importer was or should have been aware that the goods were dumped and that the dumping would cause material injury; and
(ii)
material injury has been caused by substantial dumped imports of the goods in a relatively short period; or
(b)
for subsidised goods, critical circumstances apply and there have been massive imports in a relatively short period of goods that—
(i)
benefit from export subsidies paid or bestowed inconsistently with the WTO Agreement; and
(ii)
have caused material injury that is difficult to repair.
(2)
The Minister may impose duty retrospectively for all or part of the 60-day period before the application of the provisional direction.
(3)
If the exporter or the Government of the country of export violates an undertaking under section 15 and then the Minister gives a provisional direction under section 16, the Minister may impose duty retrospectively for all or part of the 60-day period before the application of the provisional direction.
(4)
If the period in subsection (2) or (3) includes a day in the period beginning with 25 December in any year and ending with 15 January in the following year, duties can be collected for each day that falls—
(a)
in the period beginning with 25 December in any year and ending with 15 January in the following year; and
(b)
in the period in subsection (2) or (3).
(5)
No retrospective duty may be imposed under subsection (3) before the date of the violation of the undertaking
(6)
This section overrides section 17 if this section’s conditions are met.
Section 17B: inserted, on 22 November 2006, by section 6(1) of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
18 Third country anti-dumping and countervailing duties
Where the Government of a third country advises the Secretary that—
(a)
goods imported or intended to be imported into New Zealand—
(i)
were produced or manufactured in another country; and
(ii)
have been dumped or subsidised; and
(b)
by reason of the dumping or subsidisation,—
(i)
material injury to a domestic industry of a third country (being a country other than New Zealand and other than the country in which the goods were produced or manufactured) has been or is being caused or is threatened; or
(ii)
the establishment of a domestic industry of such a country has been or is being materially retarded,—
the provisions of this Act (including, without limitation, sections 10, 11, 14, 15, 16, 17, 17A, and 17B) shall, with all necessary modifications, apply with respect to the effect of those goods on that third country’s domestic industry in the same manner as they apply with respect to the effect of those goods on a New Zealand industry.
Section 18: substituted, on 1 January 1995, by section 19 of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 18: amended, on 22 November 2006, by section 7 of the Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63).
19 Savings
(1)
Any investigation initiated under section 186H of the Customs Act 1966 (as inserted by section 2(1) of the Customs Amendment Act (No 3) 1987) shall be continued, completed, determined, and enforced as if Part 5A of the Customs Act 1966 (as so inserted) were still in force.
(2)
Any investigation initiated under section 186A of the Customs Act 1966 (as inserted by section 11 of the Customs Acts Amendment Act (No 2) 1983) shall be continued, completed, determined, and enforced as if Part 5A of the Customs Act 1966 (as so inserted) were still in force.
(3)
Notwithstanding subsections (1) and (2), any review, revocation or revision, as the case may be, pursuant to—
(a)
section 186K(3), section 186L(4) or (5), or section 186M(7) of the Customs Act 1966 (as inserted by section 2(1) of the Customs Amendment Act (No 3) 1987); or
(b)
section 186A(9) or section 186D(6) of the Customs Act 1966 (as inserted by section 11 of the Customs Acts Amendment Act (No 2) 1983),—
shall be carried out by the Minister of Commerce.
(4)
Anti-dumping duty or countervailing duty charged on goods pursuant to section 186L of the Customs Act 1966 (as inserted by section 2(1) of the Customs Amendment Act (No 3) 1987) and dumping duty imposed on goods pursuant to section 186A of the Customs Act 1966 (as inserted by section 11 of the Customs Acts Amendment Act (No 2) 1983) may, from time to time, be reassessed in accordance with section 14(6) as if the rate or the amount of that duty had been determined under section 14(4).
Section 19(4): added, on 1 July 1990, by section 15 of the Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43).
Section 19(4): amended, on 1 January 1995, by section 20(a) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
Section 19(4): amended, on 1 January 1995, by section 20(b) of the Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131).
20 Consequential amendments
[Repealed]Section 20: repealed, on 1 October 1996, by section 290(1) of the Customs and Excise Act 1996 (1996 No 27).
Reprints notes
1 General
This is a reprint of the Dumping and Countervailing Duties Act 1988 that incorporates all the amendments to that Act as at the date of the last amendment to it.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 (2017 No 21)
Dumping and Countervailing Duties Amendment Act 2014 (2014 No 31)
Dumping and Countervailing Duties Amendment Act 2012 (2012 No 101)
Dumping and Countervailing Duties Amendment Act 2006 (2006 No 63)
New Zealand/Singapore Closer Economic Partnership Act 2000 (2000 No 95): Part 1
Ministry of Economic Development Act 2000 (2000 No 28): section 8(1)
Customs and Excise Act 1996 (1996 No 27): sections 289(1), 290(1)
Dumping and Countervailing Duties Amendment Act 1994 (1994 No 131)
Dumping and Countervailing Duties Amendment Act 1990 (1990 No 43)
Versions
Dumping and Countervailing Duties Act 1988
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