Pursuant to section 13 of the Dumping and Countervailing Duties Act 1988 (hereinafter referred to as "the Act"), I hereby give notice that I have 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
Countries of Origin
China, Indonesia, Korea and Thailand.
Description of Goods
Lubricating oil filters (including cartridge/element type) for use on internal combustion engines, including off-road, commercial and industrial applications but EXCLUDING:
? hydraulic oil filters.
? cartridge/element type filters having dimensions greater than 467mm in length or 400mm in outside diameter.
? spin-on type filters having dimensions greater than 300mm in length or 123mm in outside diameter.
? lubricating oil filters (including cartridge/element type) solely manufactured for use on:
(a) motorcycles; and
(b) aircraft.
The goods are currently classified under Tariff Item and Statistical Key 8421.23.00.01B 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 oil filters, imported or intended to be imported into New Zealand from China, Indonesia, Korea and Thailand shall be:
A. For those subject goods identified by part numbers from the suppliers listed in the Third Schedule to this notice, for which the Chief Executive of the Ministry of Economic Development has established Non-Injurious-Free-On-Board or Normal Value (Value For Duty Equivalent) amounts1, the amount by which the Non-Injurious-Free-On-Board amount
or Normal Value (Value For Duty Equivalent) amount exceeds the New Zealand Value For Duty of the goods when entered for home consumption.
B. For all subject goods other than those identified by part numbers from the suppliers listed in the Third Schedule, the
ad valorem percentage rate specified for each of those suppliers in the Third Schedule to this notice.
C. For subject goods from all other suppliers, the ad valorem percentage rate specified in the Third Schedule to this notice.
Third Schedule
List of Suppliers
Country/Company Name Part No. NIFOB or NV(VFDE)Amount Ad Valorem Percentage
China
Bengbu Filter Co. Ltd 2 1 38%
- Alternative Duty* 2 1
Golden Haiye Auto Parts Not Applicable Not Applicable 414%
Zhejiang Universe Filter Co. Ltd Not Applicable Not Applicable 85%
Indonesia
PT Selamat Sempurna Tbk - where PT Selamat Sempurna Tbk is the exporter and the country of export is Indonesia 2 1 43%
PT Selamat Sempurna Tbk - where Filter Sales Australia Ltd is the exporter and the country of export is Indonesia 2 1 43%
- Alternative Duty* 2 1
PT Selamat Sempurna Tbk - where Filter Sales Australia Ltd is the exporter and the country of export is Australia 2 1 43%
- Alternative Duty* 2 1
PT Andhi Chandra Auto - where a specified company3 is the exporter and the country of export is Australia 2 1 119%
PT Panata Jaya Mandiri - where Donaldson Australasia Pty Ltd is the exporter and the country of export is Australia 2 1 60%
Korea
June Heung Filter Co. Ltd 2 1 12%
Kang Nam Filter Co. Ltd 2 1 54%
Shin Sung Industrial Ltd 2 1 15%
Yuil Air Filter Co. Ltd 2 1 155%
- Alternative Duty* 2 1
Thailand
MAHLE Siam Filter Systems Co. Ltd 2 1 19%
CT Industry Co. Ltd 2 1 Nil
Denso International Thailand Nil Nil Nil
Other Exporters4
China 185%
Indonesia 43%
Korea 12%
Thailand 19%
*Note: The alternative Normal Value (Value For Duty Equivalent) duty amount takes effect when exchange rates are such that it is lower than the Non-Injurious-Free-On-Board amount.
1The New Zealand Customs Service holds a confidential list of the Non-Injurious-Free-On-Board and Normal Value (Value for Duty Equivalent) amounts for the exporters covered by the Third Schedule to this notice. The suppliers listed also hold the confidential duty amounts relating to those companies. Non-Injurious-Free-On-Board amounts are set in NZ dollars and Normal Value (Value for Duty Equivalent) amounts are set in the currencies of the countries of origin of the goods, i.e., either Chinese yuan, Indonesian rupiah, Korean won or Thai baht.
2The New Zealand Customs Service holds a confidential list of the part numbers for which Non-Injurious-Free-On-Board and Normal Value (Value for Duty Equivalent) amounts have been established. The suppliers listed also hold the confidential part numbers relating to those companies.
3The New Zealand Customs Service holds the confidential name of this exporter. PT Andhi Chandra Auto also holds the confidential name of this exporter.
4Exporters 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.
Dated at Wellington this 14th day of January 2005.
PETE HODGSON, 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, Trade Remedies Group, Ministry of Economic Development, P.O. Box 1473, Wellington.