G/ADP/Q1/NZL/6  
G/SCM/Q1/NZL/6  
 
18 April 2018  
(18-2400) 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 QUES TIONS POSED BY AUSTR ALIA1 
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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Inserting a new public interest test  
Questions 1 and 2  
 
New Zealand notes that the new public interest test i s an additional step in an 
anti-dumping or countervailing duty investigation, includin g a third country dumping 
investigation, and a full review of an anti -dumping and countervailing duty.  
 
Could New Zealand please confirm the scope of the new public interest test relates 
solely to whether the imposition of an anti -dumping or countervailin g duty is in the 
public interest (in relation to downstream indus tries and consumers)? Could 
New Zealand confirm that this does not relate to the level of duty, i.e. that this does not 
relate to assessing the lesser duty rule?  
 
Reply  
 
New Zealand can confi rm that the new public interest test relates solely to whether the imposition 
of any anti -dumping or countervailing duty, once calculated in the usual manner, is in the public 
interest. It does not relate to the level of duty, which is determined by the Mi nister of Commerce 
and Consumer Affairs after an investigation has established that duties are found to be warranted 
and before the public interest test is conducted.  
 
Extending the current suspension of anti -dumping duties on residential building material  
Questions 3, 4 and 5  
 
New Zealand notes that the temporary suspension on anti -dumping duties on residential 
construction materials has been extended for a further two years and one month.  
 
Could New Zealand please clarify how it has dealt with continuati on reviews where 
measures were due to be considered under continuation reviews during the suspension 
period? Are continuation reviews still conducted? How will the suspension period impact 
upon the duration of existing measures?  
 
                                                
1 G/ADP/Q1/NZL/4 -G/SCM/Q1/NZL/4.  
2 G/ADP/N/1/NZL/2/Suppl.6/Rev.1 -G/SCM/N/1/NZL/2/Suppl.6 /Rev.1.  G/ADP/Q1/NZL/6 • G/SCM/Q1/NZL/6  
 
- 2 - 
 
  Reply  
When the temporary suspension of anti -dumping duties on residential construction materials was 
introduced in 201 4, it applied to three products:  
 
 Plasterboard from Thailand  
 Wire nails from China  
 Reinforcing steel bar and coil from Thailand  
 
Since 2014, two of the three dutie s have expired without New Zealand 's domestic industries 
applying for continuation. The domestic industry applied for a continuation of anti -dumping duties 
on reinforcing steel bar and coil from Thailand while the duties were suspended. A review into the 
continued need of these duties was conducted in accordance with the usual procedures and a final 
determination was made that duties were no longer necessary, and they were terminated. If duties 
were found to be warranted then New Zealand would have continue d those duties for a further five 
years from the date the review was completed, with duties immediately suspended until the  end of 
the suspension period.  
 
Currently there are no anti -dumping duties subject to suspension.  
 
Third country dumping  
Question 6  
 
Part 7 of the Trade (Anti -Dumping and Countervailing Duties) Amendment Act 2017  
deletes reference to third country subsidisation, curre ntly provided for under 
Article  15.8 of the ANZCERTA.  
 
Could New Zealand please clarify its justification for doing so?  
 
Reply  
 
References to third country subsidisation were repealed by the Amendment Act to make 
New Zealand's legislation consistent with the WTO Agreement on Subsidies and Countervailing 
Measures, which does not provide for third country countervailing action . ANZCERTA, which under 
Article 16.8 provides for third country countervailing action, predates the WTO Agreement on 
Subsidies and Countervailing Measures.  
 
Question 7  
 
Part 7, Article 22(7), sub -section 2, paragraph (h), of the Trade (Anti -Dumping and 
Countervailing Duties) Amendment Act 2017  appears to provide discretion to the 
Minister ("if appropriate") in the definition of 'domestic industry'. Article 14.3 of the 
WTO ADA requires that investigating authorities consider the effects of alleged injury on 
an "industry concerned as a whole in the third country".  
 
Could New Zealand please clarify how injury will be examined in third country dumping?  
 
Reply  
 
Section 18(2)(h) of the Principal Act, as inserted on 29 November 2017 by the Amendment Act, is 
consistent with Article 14.3 of the WTO Anti -dumping Agreement. The discretion provided by 
section 18(2)(h) only applies for  the purposes of investigating whether imposing an anti -dumping 
or a countervailing duty is in the public interest. The domestic indust ry for the purposes of 
investigating dumping, subsidisation and material injury alleged by the government of a 
third country is the domestic industry of that third country. To this effect, injury will be assessed in 
respect of the industry 's performance in  the importing  member as well as its performance in its 
home market.  
 
 
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