Pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 (hereinafter referred to as "the Act"), I hereby give notice that on 27 April 2004 I made a final determination that, in relation to the importation or intended importation of the goods specified in the First Schedule to this notice ("the subject goods"):
(a) The subject goods are being dumped; and
(b) by reason thereof, material injury to the New Zealand industry has been caused.
Notice is hereby given that, acting pursuant to subsections 14 (1) and 14 (4) of the Act, I have determined the amount of anti dumping duty to be imposed on the subject goods to be the amount set out in the Second Schedule to this notice and
detailed in the Third Schedule to this notice.
First Schedule
Goods Subject to Determination
Country of Origin
Malaysia
Description of Subject Goods
Galvanised steel wire of high, medium and low tensile strength between (and including) 2mm and 4.5mm in diameter.
The goods are currently classified under Tariff Item 7217.20.10 and Statistical Keys 05L, 07G, 08E, 09C, 11E, 13A, 15H, 16F, 17D, 18B, 25E, 27A, 28K, 29H, 31K, 33F, 35B, 36L, 37J and 39E, and Tariff Item 7217.20.90 and Statistical Keys 05D, 07L, 08J, 09G, 11J, 13E, 15A, 16K, 17H and 18F of the Tariff of New Zealand, which classification is provided for convenience and Customs purposes only, the written description being dispositive.
Second Schedule
Amount of Anti-dumping Duty
The amount of anti-dumping duty to be paid on demand in respect of each importation of galvanised wire, imported or intended to be imported into New Zealand from Malaysia, shall be:
A. For subject goods from the suppliers listed in the Third Schedule to this notice, for which the Chief Executive of the Ministry of Economic Development has established Normal Value (Value For Duty Equivalent) amounts.
B. For subject goods from all other suppliers, the ad valorem percentage rate specified in the Third Schedule to this notice.
Third Schedule
Galvanised Wire diameter (in mm)
List of Suppliers 2.00 2.24 2.50 3.15 3.55 4.00
Southern Wire Industries (Malaysia) Sdn Bhd1 * * * * * *
Aspac Alliance Steel Sdn Bhd1 ** ** ** ** ** **
Other exporters (excluding RCI Wire Sdn Bhd):2 - Ad valorem percentage 9%
- Normal Value (Value for Duty Equivalent) cap3
*Normal Value (Value For Duty Equivalent) amount in Malaysian Ringgit per kilogram for Southern Wire Industries (Malaysia) Sdn Bhd.
**Normal Value (Value For Duty Equivalent) amount in Malaysian Ringgit per kilogram for Aspac Alliance Steel Sdn Bhd.
Normal Value (Value For Duty Equivalent) amount in Malaysian Ringgit per kilogram.
1The New Zealand Customs Service holds a confidential list of the Normal Value (Value for Duty Equivalent) amounts contained in the Third Schedule to this notice. Southern Wire Industries (Malaysia) Sdn Bhd and Aspac Alliance Steel Sdn Bhd also hold the confidential duty amounts relating to those companies.
2Other exporters for whom separate rates of duty have not been established may lodge a request, backed by the necessary supporting evidence, that separate rates of duty be established. Subject goods originating from RCI Wire Sdn Bhd are excluded from any anti-dumping duties.
3The duty payable by other exporters through the application of the specified ad valorem percentage rate cannot exceed
the duty payable through the application of the Normal Value (Value for Duty Equivalent) amount. The cap would be the combination of the Normal Value (Value for Duty Equivalent) amounts calculated for Southern Wire Industries (Malaysia) Sdn Bhd and Aspac Alliance Steel Sdn Bhd, being the Normal Value (Value for Duty Equivalent) amounts for all sizes of galvanised wire imported. The New Zealand Customs Service holds these confidential Normal Value (Value for Duty Equivalent) amounts.
Dated at Wellington this 29th day of April 2004.
MARGARET WILSON, Minister of Commerce.
A copy of the non-confidential version of the Final Report, which contains details of the investigation and the conclusions reached, is available from the Manager, Tariff Policy and Trade Rules Group, Ministry of Economic Development, P.O Box 1473, Wellington.