G/ADP/Q1/NZL/5  
G/SCM/Q1/NZL/5  
 
18 April 2018 
(18-2399) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5 AND 32 .6 OF THE RELEVANT A GREEMENTS  
REPLIES TO QUEST IONS POSED BY THE UN ITED STATES1 
REGARDING  THE NOTIFICATION OF NEW ZEALAND2 
The following communication, dated 17 April 2018 , is being circulated at the request of the  
Delegation of New Zealand.  
 
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Question 1  
New Zealand has indicated that it will insert a new public interest test as an additional 
step in investigations and full reviews. In addition to being able to present evidence 
relevant to the investigation or review, please clarify whether all parties significantly 
affected by the proceeding will also be given an opportunity to file comments and legal 
arguments regarding the application of the public interest test and the method ology 
used to reach a determination.  
Reply  
In accordance with section 10G(2) of the Principal Act, as inserted on 29 November 2017 by the 
Amendment Act, all parties significantly affected by the imposition of a duty will be given 
reasonable opportunity to present, in writing, all evidence relevant to the investigation. 
New Zealand considers that "all evidence relevant to the investigation " includes comments and 
legal arguments regarding the application of the public interest test and the methodology used to  
reach a determination, and that as such significantly affected parties may also submit this 
information at the same opportunity. This is consistent with our current practice when conducting 
dumping and subsidy investigations which allows for interested pa rties to provide comments and 
legal arguments in support of their case.  
Question 2  
Section 10G (2) states, "the chief executive must give all persons that the chief 
executive considers would be significantly affected by imposing the duty a reasonable 
oppor tunity to present, in writing, all evidence relevant to the investigation and, on 
justification being shown, to present that evidence orally." Please elaborate on the 
criteria that the chief executive will use to determine which parties would be deemed 
"significantly affected".  
Reply  
The Act does not include criteria for the Chief Executive to follow when he or she considers who 
would be significantly affected by imposing an anti -dumping or a countervailing duty. The term 
                                                
1 G/ADP/Q1/NZL/3 -G/SCM/Q1/NZL/3.  
2 G/ADP/N/1/NZL/2/Suppl.6/Rev.1 -G/SCM/N/1/NZL/2/Suppl.6 /Rev.1 (dated  23 August 2017).  G/ADP/Q1/NZL/5 • G/SCM/Q1/NZL/5  
 
- 2 - 
 
  'significantly affected ' is interpreted on the plain meaning of its words. While the persons the Chief 
Executive considers to be significantly affected will be dependent on the particulars of each 
investigation, those persons are likely to be one or more of the notified parties ( as defined under 
section 3(1) of the Principal Act) and those persons cited in the publi c interest statement at 
section  10F(2) and 10F(4) of the Principal Act as amended by clause 13 of the Amendment Act.  
 
 
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