WORLD TRADE  
ORGANIZATION  G/ADP/N/1/NZL/2/Suppl.3 
G/SCM/N/1/NZL/2/Suppl.3 23 February 2007 
 
(07-0775) 
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  
 
 In November 2006, the New Zealand parliament passed the Dumping and Countervailing 
Duties Amendment Act 2006  which resulted in some minor amendments to the Dumping and 
Countervailing Duties Act 1988 (the principal Act).  The amended provisions will allow the Minister 
of Commerce to specify the date from which new and reassessed rates of anti-dumping and countervailing duty will apply, and to exclude the period from 25 December to 15 January from the 
statutory timeframe for the completion of dumping and subsidy investigations. 
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Specifically, the amendments by the Act to the principal Act are:   
Section 3. Interpretation 
 
Section 3(1) of the Act is the section that provi des definitions for technical and specific terms 
used within the Act.  This section of the principa l Act is amended by inserting the following definition 
in its appropriate alphabetical order: 
"day", except in sections 14(2), 17 and 17B(4 ), means any day of the week other than 
a day in the period beginning with 25 Dece mber in any year and ending with 
15 January the following year. 
Note: This new definition does not apply to inves tigations initiated before the new definition was 
inserted  
 
Section 14. Anti-dumping and countervailing duties 
 
Section 14(1) of the Act is amended by omitti ng "section 17 of this Act" and substituting 
"section 17, 17A, or 17B". 
Section 17. Retrospective measures 
 
Section 17 of the Act is repealed and the following sections are substituted: 
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G/SCM/N/1/NZL/2/Suppl.3 Page 2 
 
 
  Section 17. Date on and from which duty payable 
 
The date on and from which anti-dumping duty or countervailing duty is payable or must be 
secured is:   
(a) for a provisional direction under section 16(1) or  (2), the day after the date of that 
direction;   
(b) for a final determination under section 13 (1):   
(i) the day after the date of that determination;  or 
(ii) a specified day after the day in subparagraph (i);   
(c) for a reassessment determination under section 14(6):   
(i) the day after the date of that reassessment determination;  or 
(ii) a specified day after the day in subparagraph (i). 
Section 17A. Duty may be levied retrospectively to cover period of provisional measures if 
certain conditions met 
 
1. This section applies if the Minister makes a provisional direction and later makes a final 
determination on the grounds of:   
(a) material injury to an industry;  or 
(b) a threat of material injury where there woul d have been material injury if there had 
not been provisional measures. 
2. The Minister may impose anti-dumping duty or countervailing duty retrospectively for all or 
part of the period covered by the earlier provisional direction. 
3. This section overrides section 17 if this section’s conditions are met. 
Section 17B.  Duty may be levied retrospectively to cover period of up to 60 days before 
provisional measures if certain conditions met  
 
1. This section applies if the Minister determines  that it is necessary to impose retrospective 
anti-dumping or countervailing duty to preclude r ecurrence of material in jury and the Minister 
determines either of the following: 
(a) for dumped goods:   
(i) either that:   
- there is a history of dumping causing material injury;  or 
- the importer was or should have been aware that the goods were dumped and 
that the dumping would cause material injury;  and  G/ADP/N/1/NZL/2/Suppl.3 
 G/SCM/N/1/NZL/2/Suppl.3  Page 3 
 
 
  (ii) material injury has been caused by substantial dumped imports of the goods 
in a relatively short period;  or 
(b) for subsidised goods, critical circumstances apply and there have been massive 
imports in a relatively short period of goods that:   
(i) benefit from export subsidies paid or b estowed inconsistently with the WTO 
Agreement;  and 
(ii) have caused material injury that is difficult to repair. 
2. The Minister may impose duty retrospectively for all or part of the 60-day period before the 
application of the provisional direction. 
3. If the exporter or the Government of the c ountry of export violates an undertaking under 
section 15 and then the Minister gives a provisional direction under section 16, the Minister may impose duty retrospectively for all or part of 60-da y period before the application of the provisional 
direction. 
4. If the period in subsection (2) or (3) includes a day in the period beginning with 25 December 
in any year and ending with 15 January in the followi ng year, duties can be collected for each day that 
falls:   
(a) in the period beginning with 25 December in  any year and ending with 15 January in 
the following year;  and 
(b) in the period in subsection (2) or (3). 
5. No retrospective duty may be imposed under subsec tion (3) before the date of the violation of 
the undertaking. 
6. This section overrides section 17 if this section’s conditions are met. 
 
SUBSEQUENT AMENDMENTS 
Section 2(1) – Customs and Excise Act 1996 
 
Paragraph (c) of the definition of duty in sec tion 2(1) of the Customs and Excise Act 1996 is 
amended by omitting "or 17" and su bstituting "17, 17A, or 17B". 
Section  18 – Dumping and Countervailing Duties Act 1988 
 
Section 18 of the Principal Act (Third country  anti-dumping and countervailing duties) is 
amended by omitting "and 17" and substituting "17, 17A, and 17B".   
Purpose of Amendments
 
 
Date from Which Duties Apply 
 
This amendment is of a technical nature whic h will allow the Minister of Commerce a simple 
instrument to specify that new and reassessed rates of anti-dumping or countervailing duty apply from G/ADP/N/1/NZL/2/Suppl.3 
G/SCM/N/1/NZL/2/Suppl.3 Page 4 
 
 
  either the day after the Minister’s decision, or a later specified date, as may be required in the 
circumstances of the case.  In addition, it corrects a recently identified anom aly in the principal Act 
that to apply reassessed rates after the Minister’s d ecision to change a rate, requires a clumsy technical 
mechanism to terminate the original  duties in whole or in part for the period since the duties were 
originally imposed.   
Investigation Timeframe 
 
The second amendment is to exclude the period from 25 December to 15 January in the 
following year from the statutory timeframe for the completion of dumping and subsidy 
investigations.  The amendment aims to avoid the pr actical problems in the conduct of investigations 
that cover this period, which can unfairly impact  on the ability of interested parties to actively 
participate in investigations. 
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