G/ADP/N/1/NZL/2/Suppl.5  
G/SCM/N/1/NZL/2/Suppl.5  
 
13 June 2014  
(14-3439)  Page: 1/3  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
NEW ZEALAND  
Supplement 
The following communication, dated 11 June 2014, is being circulated at the request of the 
Delegation of New Zealand.  
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 In May 2014 the New Zealand parliament passed the Dumping and Countervailing Duties 
Amendment Act 2014 (the Act) which amended the Dumping and Countervailing Duties Act 1988 
(the principal Act). The amendments provide for th e suspension of the application of any new anti-
dumping duties to imports of residential construction materials for three years with effect from 
1 June 2014. Existing anti-dumping duties on stan dard plasterboard from Thailand, wire nails from 
China, and reinforcing steel bar and coil from Thai land are also suspended over this period. The 
Act does not affect the five year expiry date of a suspended anti-dumping duty, meaning that a 
duty expires on the same date it would have had the suspension not been put in place. 
  
Specifically, the amendments by the Act to the principal Act are that a new section 14AA is inserted which provides as follows: 
 
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 31 May 2017. 
 
(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 the following items are suspended; 
 
(i)  standard plasterboard from Thailand; 
(ii)  reinforcing steel bar and coil from Thailand; 
(iii)  wire nails from the Pe ople's Republic of China. 
 
(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 June 2017. 
 
(4)  If the Minister varies the rate or amount of any existing antidumping duty on any 
residential building material during the specified period, the new rate takes effect on and from 1 June 2017. 
 
(5)  To avoid doubt: G/ADP/N/1/NZL/2/Suppl.5 • G/SCM/N/1/NZL/2/Suppl.5 
 
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(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. 
 
Also, section 3 of the principal Act (Interpretatio n) is amended to provide for the definitions of 
"building material", "Ministry" and "residential building material". Specifically, Section 3(1) provides that:   
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 fr aming 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). 
 
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). 
 
Other minor amendments to the principal Act are as follows: 
 
In section 3(1), the definition of Minister is replaced  with " Minister means the Minister of 
the Crown for the time being responsible for the administration of this Act". 
 
In section 3(1), under the definition of Secretary , "of Economic Development" is deleted. 
 
Purpose of the Amendment  
This amendment aims to remove a barrier to competition and productivity in the construction 
sector, presented by anti-dumping duties, partic ularly to support the post-2011 Christchurch G/ADP/N/1/NZL/2/Suppl.5 • G/SCM/N/1/NZL/2/Suppl.5 
 
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  earthquake rebuild and to support increased residential construction needed in Auckland. 
Currently, New Zealand's anti-dumping mechanism does not allow any consideration of significant events that affect a sector of the economy or the public, such as earthquakes or other natural disasters, when deciding if anti-dumping duties are warranted.  
 
The temporary suspension of the application of anti -dumping duties does not affect the ability of: 
 
• a New Zealand producer to apply for the initiation an investigation under section 10 of the 
Act; or 
• a Government of a third country to advise of dumping or subsidisation under section 18 of 
the Act; or 
• the Ministry to initiate and carry out an investigation, a reassessment, or a review; or 
• the Minister to make a determination, rea ssess the rate of an anti-dumping duty, or 
terminate an anti-dumping duty following a review. 
 
However, such measures (with the exception of a termination of an anti-dumping duty by the Minister) would not be implemented until the end of the suspension period.  
 
The suspension of anti-dumping duties, on import s of building materials, is a short-term measure 
to help lower the cost of residential construction during the period to which it applies. Over the 3-year period of the suspension, the New Zealand Parliament may consider whether to adopt a 
public interest test with respect to the New Zealand anti-dumping and countervailing duties 
regime.  
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