Trade (Anti-dumping and Countervailing Duties) Act 1988

1:
1: This Act is the Trade (Anti-dumping and Countervailing Duties)
2: This Act shall come into force on 1 December 1988. Section 1 heading amended 29 November 2017 section 5(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 1(1) amended 29 November 2017 section 5(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
1: General provisions
Part 1 heading inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
1A: Purpose
The purpose of this Act is to enable New Zealand to apply anti-dumping and countervailing duties in accordance with its obligations as a party to the WTO Agreement. Anti-dumping and countervailing duties are intended to prevent material injury or the threat of material injury to an industry, or the establishment of an industry being materially retarded, due to dumped or subsidised goods being imported into New Zealand. Section 1A inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
1B: Overview
1: This section is a guide to the general scheme and effect of this Act, but does not affect the interpretation or application of the other provisions of this Act.
2: In this Act,—
a: this Part specifies the purpose of this Act and defines terms and expressions used in this Act:
b: Part 2
c: Part 3
d: Part 4
e: Part 5
f: Part 6
i: subpart 1
ii: subpart 2
iii: subpart 3
iv: subpart 4
v: subpart 5
g: Part 7 Section 1B inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
1C: Status of examples
1: An example used in this Act is only illustrative of the provisions to which it relates. It does not limit those provisions.
2: If an example and a provision to which it relates are inconsistent, the provision prevails. Section 1C inserted 29 November 2017 section 6 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
2: Application
Section 2 repealed 29 November 2017 section 7 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3: Interpretation
1: In this Act, unless the context otherwise requires,— chief executive Customs the Customs Customs by section 5(1) day sections 13A(1) 17 17B(4) 17K(2) 17O(3) to (5) 17S(4) 17W(4) dumping dumped emergency section 4 exporter section 5(1) foreign country foreign Government
a: the Government of a foreign country:
b: a provincial, State, municipal, local, or regional Government or authority of a foreign country:
c: a body that exercises authority for an association of foreign countries:
d: a person, agency, or institution acting for, or on behalf of, a Government or body referred to in paragraph (a) or paragraph (b) or paragraph (c) full review stage 1 sections 17F 17G full review stage 2 sections 17H to 17J goods importer section 5(1) investigation step 1 sections 10C to 10E investigation step 2 sections 10F to 10H like goods
a: other goods that are like those goods in all respects; or
b: in the absence of goods referred to in paragraph (a), goods which have characteristics closely resembling those goods Minister Ministry new exporter
a: exports goods into New Zealand that are subject to an anti-dumping or a countervailing duty imposed under this Act; and
b: did not export those goods into New Zealand during the period of the original investigation that led to the duty being imposed; and
c: is not related to an exporter who did export those goods into New Zealand during the period of the original investigation that led to the duty being imposed notified parties
a: the Government or Governments of the country or countries of the export of goods to which the notice relates; and
b: exporters and importers known by the chief executive to have an interest in those goods; and
c: the applicant in relation to those goods; and
d: where the Minister or the chief executive is taking action under section 18 shipment section 2(1) specific subsidy specified period section 14AA
a: in the case of goods of Singaporean origin, 3 years; and
b: in the case of goods of any other origin, 5 years subsidised goods subsidy Tariff section 2 WTO Agreement
2: For the purposes of this Act, a purchase or sale of goods shall not be treated as an arm's length transaction if—
a: there is any consideration payable for or in respect of the goods other than their price; or
b: the price is influenced by a relationship between the buyer, or a related person, and the seller, or a related person; or
c: in the opinion of the chief executive
3: Where goods are imported into New Zealand and are purchased by the importer from the exporter (whether before or after exportation) for a particular price and the chief executive
a: the amount of the price paid or to be paid for the goods by the importer; and
b: such other amounts as the chief executive
c: the likelihood that the amounts referred to in paragraph (a) and paragraph (b) will be able to be recovered within a reasonable time; and
d: such other matters as the chief executive that the importer, whether directly or through a related person, sells those goods in New Zealand (whether in the condition in which they were imported or otherwise) at a loss, the chief executive
4: For the purposes of this Act, a person shall be deemed to be related to another person if—
a: one of them directly or indirectly controls the other (within the meaning of subsection (5)); or
b: both of them are directly or indirectly controlled by a third person (within that meaning); or
c: together they directly or indirectly control a third person (within that meaning).
5: For the purposes of subsection (4), a person controls another person if the first-mentioned person is in a position, whether legally or operationally, to exercise restraint or direction over the other person.
6: For the purposes of this Act, where, during the exportation of goods to New Zealand, the goods pass in transit from a country through another country, that other country shall be disregarded in ascertaining the country of export of the goods. Section 3 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 3(1) building material repealed 31 July 2019 section 14AA(6)﻿(b) Section 3(1) chief executive inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) collector repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3(1) Customs the Customs inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3(1) Customs the Customs amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) day inserted 22 November 2006 section 4(1) Dumping and Countervailing Duties Amendment Act 2006 Section 3(1) day amended 29 November 2017 section 8(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) emergency inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) exporter amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) full review stage 1 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) full review stage 2 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) importer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) investigation step 1 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) investigation step 2 inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) Minister replaced 20 May 2014 section 4(2) Dumping and Countervailing Duties Amendment Act 2014 Section 3(1) Ministry inserted 20 May 2014 section 4(1) Dumping and Countervailing Duties Amendment Act 2014 Section 3(1) new exporter inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) notified parties inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) residential building material repealed 31 July 2019 section 14AA(6)﻿(b) Section 3(1) Secretary repealed 29 November 2017 section 8(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(1) specified period inserted 29 November 2017 section 8(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(2)﻿(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 3(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3A: Meaning of industry
For the purposes of this Act, the term industry
a: the New Zealand producers of like goods; or
b: such New Zealand producers of like goods whose collective output constitutes a major proportion of the New Zealand production of like goods. Section 3A substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994
3B: Meaning of goods of Australian origin
For the purposes of this Act, goods of Australian origin Section 3B inserted 1 July 1990 Dumping and Countervailing Duties Amendment Act 1990
3BA: Meaning of goods of Singaporean origin
For the purposes of this Act, goods of Singaporean origin Section 3BA inserted 1 January 2001 section 4 New Zealand/Singapore Closer Economic Partnership Act 2000
3BB: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 3BB inserted 29 November 2017 section 9 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3C: Act to bind the Crown
This Act binds the Crown. Section 3C inserted 1 July 1990 section 5 Dumping and Countervailing Duties Amendment Act 1990
3D: Enforcement of Act
1: The enforcement and collection of duties payable under this Act shall be a function of the Customs.
2: Section 3D inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 3D(2) repealed 1 October 2018 section 443(3) Customs and Excise Act 2018
2: Notice and access to information
Part 2 heading inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3E: Notice and written advice
1: For the purposes of this Act, a reference to a notice
a: is in writing; and
b: contains—
i: a brief summary of the reasons for the giving of the notice; and
ii: any other information required to be specified in the notice; and
c: is given to the notified parties; and
d: is published in the Gazette
2: Notice may be given under subsection (1)﻿(c)—
a: by personal delivery to the party; or
b: by posting it to the last known address of the party; or
c: if the party has a known email address, by sending it to the party at that address by email; or
d: if the party has a known fax number, by sending it to the party at that number by fax.
3: Written advice may be given under sections 10C(2) 10G(1) 17F(2) 17I(1) 17N(3) Section 3E inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3F: Access to relevant information
1: An interested party may ask the chief executive to provide copies of information relevant to an investigation, a full review, a limited review, a reassessment, or a new exporter reassessment.
2: Subsection (1) does not apply to—
a: confidential information (unless the submitter of the confidential information consents to the confidential information being made available); or
b: other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
3: The chief executive may request a submitter of information to provide the chief executive with—
a: a summary, for access by interested parties, of confidential information or other information that the chief executive would be likely to withhold if it were requested under the Official Information Act 1982
b: reasons why a summary cannot be provided.
4: If no document is provided after a request under subsection (3) or if the chief executive is not satisfied with a document provided, the chief executive may disregard the relevant information from the investigation, full review, limited review, reassessment, or new exporter reassessment.
5: In this section, confidential information
a: that making the information available would give a significant competitive advantage to a competitor of the submitter of confidential information:
b: that making the information available would have a significantly adverse effect on—
i: the submitter of confidential information; or
ii: the person from whom the information was acquired by the submitter of the information; or
iii: any person to whom the information relates:
c: that the information should be treated as confidential for reasons other than the reasons described in paragraphs (a) and (b). Section 3F inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3: Dumping, subsidy, and material injury
Part 3 heading inserted 29 November 2017 section 10 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
4: Export price
1: Subject to this section, for the purposes of this Act, the export price of any goods imported or intended to be imported into New Zealand which have been purchased by the importer from the exporter shall be—
a: where the purchase of the goods by the importer was an arm's
i: costs, charges, and expenses incurred in preparing the goods for shipment to New Zealand that are additional to those costs, charges, and expenses generally incurred on sales for home consumption; and
ii: any other costs, charges, and expenses resulting from the exportation of the goods, or arising after their shipment from the country of export; or
b: where the purchase of the goods by the importer was not an arm's length transaction, and the goods are subsequently sold by the importer in the condition in which they were imported to a person who is not related to the importer, the price at which the goods were sold by the importer to that person less the sum of the following amounts:
i: the amount of any duties and taxes imposed under any Act; and
ii: the amount of any costs, charges, or expenses arising in relation to the goods after exportation; and
iii: the amount of the profit, if any, on the sale by the importer or, where the chief executive chief executive
c: where the purchase of the goods by the importer was not an arm's length transaction, and the goods are subsequently sold by the importer in a condition different from the condition in which they were imported, a reasonable price determined by the chief executive
2: Where—
a: goods are or are to be shipped to New Zealand on consignment and there is no known purchaser in New Zealand for the goods; or
b: there is no exporter's sale price or no price at which the importer or a person not related to the export price, for the purposes of this Act, shall be determined in such manner as the chief executive Section 4(1)﻿(a) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)﻿(b) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)﻿(b)﻿(iii) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(1)﻿(c) added 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 4(1)﻿(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 4(2)﻿(b) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994
5: Normal value
1: Subject to this section, for the purposes of this Act, the normal value of any goods imported or intended to be imported into New Zealand shall be the price paid for like goods sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter or, if like goods are not so sold by the exporter, by other sellers of like goods.
2: Where the chief executive
a: there is an absence of sales that would be relevant for the purpose of determining a price under that subsection; or
b: the situation in the relevant market is such that sales in that market that would otherwise be relevant for the purpose of determining a price under subsection (1) are not suitable for use in determining such a price; or
c: like goods are not sold in the ordinary course of trade for home consumption in the country of export in sales that are arm's length transactions by the exporter and it is not practicable to obtain within a reasonable time information in relation to sales by other sellers of like goods that would be relevant for the purpose of determining a price under subsection (1),— the chief executive
d: the sum of—
i: such amount as is determined by the chief executive
ii: on the assumption that the goods, instead of being exported, had been sold for home consumption in the ordinary course of trade in the country of export,—
A: such amounts as the chief executive
B: an amount calculated in accordance with such rate as the chief executive
e: the price that is representative of the price paid for similar quantities of like goods sold at arm's length in the ordinary course of trade in the country of export for export to a third country.
3: Where the normal value of goods imported or intended to be imported into New Zealand is the price paid for like goods, in order to effect a fair comparison for the purposes of this Act, the normal value and the export price shall be compared by the chief executive
a: at the same level of trade; and
b: in respect of sales made at as nearly as possible the same time; and
c: with due allowances made as appropriate for any differences in terms and conditions of sales, levels of trade, taxation, quantities, and physical characteristics, and any other differences that affect price comparability.
4: Where the normal value of goods exported to New Zealand is to be ascertained in accordance with subsection (2), the chief executive
5: Where—
a: the actual country of export of goods imported or intended to be imported into New Zealand is not the country of origin of the goods; and
b: the chief executive the chief executive
6: Where the chief executive
a: the price paid for like goods—
i: sold for home consumption in the country of export in sales that are arm's length transactions; or
ii: sold in the country of export to a third country in sales that are arm's length transactions,— is, and has been for an extended period of time and in respect of a substantial quantity of like goods, less than the sum of—
iii: such amount as the chief executive
iv: such amounts as the chief executive
b: it is likely that the seller of those like goods will not be able to fully recover the amounts referred to in subparagraphs (iii) and (iv) of paragraph (a) within a reasonable period of time,— the price so paid for those like goods shall be deemed not to have been paid in the ordinary course of trade. Section 5 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 5(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)﻿(d)﻿(i) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)﻿(d)﻿(ii)﻿(A) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(2)﻿(d)﻿(ii)﻿(B) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(4) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(5)﻿(b) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6)﻿(a)﻿(iii) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 5(6)﻿(a)﻿(iv) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
6: Export price and normal value
1: Where the chief executive section 4 section 5 chief executive
2: For the purposes of subsection (1), the chief executive chief executive Section 6(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 6(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
7: Amount of subsidy
1: In this Act, the expression amount of the subsidy chief executive
2: For the purposes of subsection (1),—
a: the provision of equity capital by a foreign Government shall not be regarded as conferring a benefit, unless the investment decision in relation to the provision of that equity capital can be regarded as inconsistent with the usual investment practice (including for the provision of risk capital) of private investors in the territory of the exporting country:
b: the provision of a loan by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the loan is less than the amount that the recipient would pay under a comparable commercial loan that the recipient could obtain on the market, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts:
c: the provision of a loan guarantee by a foreign Government shall not be regarded as conferring a benefit, unless the amount that the recipient of the loan pays under the government guaranteed loan is less than the amount that the recipient would pay under a comparable commercial loan that was not so guaranteed, in which case, the benefit to the recipient shall be deemed to be the difference between those amounts:
d: the provision of goods or services, or the purchase of goods, by a foreign Government shall not be regarded as conferring a benefit, unless the goods or services are provided for less than adequate remuneration within the meaning of subsection (4), or the goods are purchased for more than adequate remuneration, as the case may be.
3: For the purposes of subsection (1), the following amounts shall not be included in the amount of the subsidy:
a: any application fee or other fees or costs necessarily incurred in order to qualify for, or to receive the benefit of, the subsidy:
b: any export taxes, duties, or other charges levied on the export of the goods to New Zealand that are specifically intended to offset the subsidy.
4: For the purposes of subsection (2)﻿(d), adequate remuneration shall be determined in relation to prevailing market conditions in the country concerned for the goods or services, taking into account price, quality, availability, marketability, transportation, and other conditions of the provision or purchase.
5: Where the chief executive chief executive chief executive Section 7 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 7(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 7(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
8: Material injury
1: In determining for the purposes of this Act whether or not any material injury to an industry has been or is being caused or is threatened or whether or not the establishment of an industry has been or is being materially retarded by means of the dumping or subsidisation of goods imported or intended to be imported into New Zealand from another country, the chief executive
a: the volume of imports of the dumped or subsidised goods; and
b: the effect of the dumped or subsidised goods on prices in New Zealand for like goods; and
c: the consequent impact of the dumped or subsidised goods on the relevant New Zealand industry.
2: Without limiting the generality of subsection (1), and without limiting the matters that the chief executive chief executive
a: the extent to which there has been or is likely to be a significant increase in the volume of imports of dumped or subsidised goods either in absolute terms or in relation to production or consumption in New Zealand:
b: the extent to which the prices of the dumped or subsidised goods represent significant price undercutting in relation to prices in New Zealand (at the relevant level of trade) for like goods of New Zealand producers:
c: the extent to which the effect of the dumped or subsidised goods is or is likely significantly to depress prices for like goods of New Zealand producers or significantly to prevent price increases for those goods that otherwise would have been likely to have occurred:
d: the economic impact of the dumped or subsidised goods on the industry, including—
i: actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilisation of production capacity; and
ii: factors affecting domestic prices; and
iii: the magnitude of the margin of dumping; and
iv: actual and potential negative
e: factors other than the dumped or subsidised goods that have injured, or are injuring, the industry, including—
i: the volume and prices of goods that are not sold at dumped prices or that are not subsidised; and
ii: contraction in demand or changes in the patterns of consumption; and
iii: restrictive trade practices of, and competition between, overseas and New Zealand producers; and
iv: developments in technology; and
v: the export performance and productivity of the New Zealand producers:
f: the nature and extent of importations of dumped or subsidised goods by New Zealand producers of like goods, including the value, quantity, frequency, and purpose of any such importations.
3: For the purposes of this section, the chief executive chief executive Section 8 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 8(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(2)﻿(d)﻿(iv) amended 29 November 2017 section 11 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 8(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
9: Form of notice
Section 9 repealed 29 November 2017 section 12 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
4: Investigation
Part 4 heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Application Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10: Application for investigation
1: One or more New Zealand producers of like goods (or a person acting on behalf of those producers) may, by a properly documented application, apply to the chief executive to start an investigation to determine the existence and effect of alleged dumping or subsidisation of goods imported or intended to be imported into New Zealand.
2: A properly documented application must be in writing and include evidence of—
a: dumping or subsidisation; and
b: material injury or threatened material injury to the industry, or establishment of the industry being materially retarded; and
c: a causal link between the alleged dumping or subsidisation and the alleged material injury, threatened material injury, or establishment of the industry being materially retarded.
3: A properly documented application must include as much of the following information as is reasonably available to the applicant:
a: the names of the New Zealand producers making the application:
b: the names of all other known New Zealand producers of like goods:
c: a description of the volume and value of the domestic production of like goods, both by the producers referred to in paragraph (a) and by the producers referred to in paragraph (b):
d: a complete description of the allegedly dumped or subsidised goods:
e: the names of the countries of origin or export of the allegedly dumped or subsidised goods:
f: the name of each known exporter or overseas producer of the allegedly dumped or subsidised goods:
g: the names of persons known to be importing the allegedly dumped or subsidised goods:
h: in the case of subsidised goods, the existence, amount, and nature of the subsidy:
i: normal values of the allegedly dumped goods when destined for consumption in the domestic markets of the countries of origin or export (or, if appropriate, either the prices at which the goods are sold from the countries of origin for export to third countries, or the prices based on a constructed value):
j: the export prices of the allegedly dumped or subsidised goods (or, if appropriate, the prices at which the goods are first resold in arm's length transactions in New Zealand):
k: the import volumes into New Zealand of the allegedly dumped or subsidised goods:
l: the effects that the imports of the allegedly dumped or subsidised goods have had, or will have, on prices of like goods in New Zealand:
m: the consequent impact of those imports on the industry:
n: relevant factors affecting the industry that may have a bearing on the information required under paragraphs (l) and (m). Section 10 replaced 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10A: Start of investigation
1: The chief executive must start an investigation if the chief executive is satisfied from the evidence in the application that—
a: there is sufficient evidence to justify investigating whether—
i: goods imported or intended to be imported into New Zealand are being dumped or subsidised; and
ii: the alleged dumping or subsidisation—
A: has caused, is causing, or threatens to cause material injury to the industry; or
B: has caused or is causing the establishment of the industry to be materially retarded; and
b: the collective output of those New Zealand producers who have, in writing, expressed support for the application constitutes—
i: 25% or more of the total New Zealand production of like goods produced for domestic consumption (as assessed during the most recent representative period of not less than 6 months); and
ii: more than 50% of the total production of like goods produced for domestic consumption (assessed as referred to in subparagraph (i)) by those New Zealand producers who have, in writing, expressed support for or opposition to the application.
2: The chief executive must, before starting an investigation,—
a: inform the Government or Governments of the country or countries of export of the goods that are the subject of the proposed investigation; and
b: in the case of an application for an investigation into the alleged subsidisation of goods, give that Government or those Governments a reasonable opportunity for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution.
3: Despite subsection (1), the chief executive must not start an investigation in relation to alleged dumping of goods of Australian origin. Section 10A replaced 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Investigation steps Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10B: Investigation steps
1: If the chief executive starts an investigation under section 10A section 10D(2)
2: The chief executive must give notice of a decision to start each step of an investigation as soon as practicable after the decision is made, and that notice must include the date on which the step of the investigation started or will start. Section 10B inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Step 1: dumping, subsidy, and material injury Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10C: Step 1: investigation
Dumping, subsidy, and material injury
1: If the chief executive starts an investigation, the chief executive must investigate whether, in relation to imported goods or goods intended to be imported into New Zealand,—
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation. Procedure
2: The chief executive must, within 150 days after starting investigation step 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 10D(1)
3: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F
5: The chief executive must report the findings of investigation step 1 to the Minister. Section 10C inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10D: Step 1: determination
1: Within 180 days after the start of investigation step 1 (but not less than 30 days after the written advice is given by the chief executive under section 10C(2)
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation.
2: If the Minister makes an affirmative determination, the Minister must—
a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E
b: direct the chief executive to immediately start investigation step 2.
3: If the Minister makes a negative determination, the Minister must terminate the investigation under section 11
4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
5: In this section,— affirmative determination
a: the goods are being dumped or subsidised; and
b: material injury to an industry has been or is being caused or is threatened, or the establishment of an industry has been or is being materially retarded, because of the dumping or subsidisation negative determination Section 10D inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10E: Determining rate or amount of anti-dumping or countervailing duty
1: The Minister may, in respect of dumped or subsidised goods,—
a: determine different rates or amounts of duty for named exporters:
b: determine a residual rate or amount of duty for all other exporters from the same country as a named exporter.
2: The Minister must, in determining the rate or amount of the duty, have regard to—
a: the desirability of ensuring that the rate or amount is not greater than is necessary to—
i: prevent the material injury or a recurrence of the material injury; or
ii: remove the threat of material injury to an industry; or
iii: prevent the material retardation to the establishment of an industry; and
b: New Zealand’s obligations as a party to the WTO Agreement.
3: The rate or amount must not exceed,—
a: in the case of dumped goods, the difference between the export price of the goods and their normal value; and
b: in the case of subsidised goods, the amount of the subsidy on the goods. Section 10E inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Step 2: public interest Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10F: Step 2: investigation
1: If the Minister directs the chief executive to start investigation step 2, the chief executive must investigate whether imposing an anti-dumping or a countervailing duty at the rate or amount determined under section 10D(2)﻿(a)
2: Imposing the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty.
3: In investigating whether imposing the duty is in the public interest, the matters the chief executive must investigate include the following:
a: the effect of the duty on the prices of the dumped or subsidised goods:
b: the effect of the duty on the prices of like goods produced in New Zealand:
c: the effect of the duty on the choice or availability of like goods:
d: the effect of the duty on product and service quality:
e: the effect of the duty on the financial performance of the domestic industry:
f: the effect of the duty on employment levels:
g: whether there is an alternative supply (domestically or internationally) of like goods available:
h: any factor that the chief executive considers essential to ensure the existence of competition in the market.
4: In this section,— consumers
a: New Zealand consumers of—
i: the dumped or subsidised goods; or
ii: like goods; or
iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 10D(1)﻿(b) downstream industries
a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry. Section 10F inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10G: Step 2: procedure
1: The chief executive must, within 60 days after starting investigation step 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 10H(1)
2: The chief executive must give all persons that the chief executive considers would be significantly affected by imposing the duty a reasonable opportunity to present, in writing, all evidence relevant to the investigation and, on justification being shown, to present that evidence orally.
3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F
4: The chief executive must report the findings of investigation step 2 to the Minister. Section 10G inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
10H: Step 2: determination
1: Within 90 days after the start of investigation step 2 (but not less than 30 days after the written advice is given by the chief executive under section 10G(1) see section 10F(2)
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Section 10H inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Termination of investigations Heading inserted 29 November 2017 section 13 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
11: Termination of investigations
1: Where the Minister, at any time before making a determination under section 10H(1) section 10D(1)
a: there is insufficient evidence of dumping or subsidisation to justify proceeding with the investigation; or
b: there is insufficient evidence that material injury to a New Zealand industry has been or is being caused or is threatened or the establishment of a New Zealand industry has been or is being materially retarded by means of the dumping or subsidisation of the goods; or
c: in the case of subsidisation, the imposition of a countervailing duty in respect of those goods would be inconsistent with New Zealand's obligations as a party to the WTO Agreement; or
d: the application for the investigation has been withdrawn in writing by those New Zealand producers by or on whose behalf the application was made; or
e: New Zealand producers who previously expressed support for the application for the investigation have withdrawn that support in writing to such an extent that, by reason of section 10A(1)﻿(b) started the Minister shall—
f: terminate the investigation with respect to those goods; and
g: give notice of such termination.
2: For the purposes of subsection (1)﻿(a), evidence of dumping or subsidisation shall be insufficient where,—
a: in the case of dumping, the margin of dumping is,—
i: in the case of goods of Singaporean origin, less than 5% (expressed as a percentage of the export price); or
ii: in the case of goods of any other origin, less than 2% (expressed as a percentage of the export price); or
b: in the case of subsidisation, the amount of the subsidy is less than 1% of the value of the goods at the time of import; or
c: in the case of either dumping or subsidisation, the volume of imports of dumped or subsidised goods, expressed as a percentage of total imports of like goods into New Zealand, is negligible, having regard to New Zealand's obligations as a party to the WTO Agreement.
2A: For the purposes of subsection (2)﻿(c), in applying Article 5.8 of the Agreement on the Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, annexed to the WTO Agreement, in relation to goods of Singaporean origin,—
a: the first reference in Article 5.8 to 3 per cent 5 per cent
b: accordingly, if the volume of goods of Singaporean origin dumped is found to account for less than 5% of the total imports of like goods into New Zealand, the volume of goods dumped must normally be regarded as negligible.
3: Where—
a: any investigation is terminated under subsection (1), and it is subsequently ascertained that information supplied affecting the investigation was incorrect or did not disclose material facts, and that the information is of such nature as materially to affect the decision to terminate the investigation; or
b: any investigation is terminated pursuant to an undertaking given by the Government of the country of export or by an exporter, as the case may be, under section 15(1) the chief executive start
4: Notice shall be given of the start Section 11 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 11(1) amended 29 November 2017 section 14(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(1)﻿(e) amended 29 November 2017 section 14(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(1)﻿(e) amended 29 November 2017 section 14(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(2)﻿(a) substituted 1 January 2001 section 5(1) New Zealand/Singapore Closer Economic Partnership Act 2000 Section 11(2A) inserted 1 January 2001 section 5(2) New Zealand/Singapore Closer Economic Partnership Act 2000 Section 11(3) amended 29 November 2017 section 14(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(3) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 11(4) amended 29 November 2017 section 14(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
12: Preliminary determination
Section 12 repealed 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994
5: Anti-dumping and countervailing duties
Part 5 heading inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
13: Imposing anti-dumping or countervailing duty
1: If the Minister determines under section 10H(1) section 10D(2)﻿(a)
a: to be known as anti-dumping duty, in respect of those goods that are dumped:
b: to be known as countervailing duty, in respect of those goods that are subsidised.
2: The Minister must give notice of the imposition of a duty under subsection (1) as soon as practicable after the imposition is made.
3: Despite subsection (1), the Minister must not impose a countervailing duty if to do so would be inconsistent with New Zealand's obligations as a party to the WTO Agreement.
4: Subsection (1) is subject to section 13B Section 13 replaced 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
13A: Period of anti-dumping or countervailing duty
1: A duty imposed under section 13(1)
a: has effect on and from the applicable date referred to in section 17 17A 17B
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under section 13(2) Gazette
c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a).
2: Subsection (1)﻿(c) is subject to section 13B Part 6 Section 13A inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
13B: Natural disasters or emergencies
Deferral and non-imposition
1: Despite section 13(1)
a: defer imposing a duty; or
b: elect not to impose a duty.
2: If the Minister defers imposing a duty,—
a: the Minister must specify the period of deferral in the notice; and
b: the Minister may, by further notice, change the period of a deferral. Suspension and termination
3: If the Minister considers that the users of goods subject to an anti-dumping or a countervailing duty have been significantly impacted by a natural disaster or emergency, the Minister may, by notice, terminate or suspend, in whole or in part, the imposition of the duty.
4: If the Minister suspends the imposition of the duty,—
a: the Minister must specify, in the notice, the period of suspension (which may start before the date of the notice); and
b: the Minister may, by further notice, change a period of suspension.
5: If the Minister terminates the imposition of the duty, the date of termination specified in the notice may be before the date of the notice. Section 13B inserted 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
14: Anti-dumping and countervailing duties
Section 14 repealed 29 November 2017 section 15 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
14AA: Temporary suspension of anti-dumping duties on residential building material
2019-07-31 Trade (Anti-dumping and Countervailing Duties) Act 1988 See s 14AA(6) Section 14AA repealed 31 July 2019
14A: Refund of excess anti-dumping duty paid
1: An importer may apply to the Minister for a refund of excess anti-dumping duty paid in respect of goods imported during an importation period.
2: Excess anti-dumping duty is paid if the total amount of anti-dumping duty in respect of all goods imported during the importation period exceeds the difference between—
a: the export prices of those imported goods; and
b: the normal values of those imported goods.
3: An application for a refund under subsection (1)
a: be made no later than 6 months after the end of the importation period; and
b: be addressed to the chief executive
c: be in the form (if any) required by the chief executive
d: be accompanied by the documentary evidence specified in subsection (4)
e: state the total amount of refund of excess anti-dumping duty sought for the importation period.
4: An application for a refund must be accompanied by documentary evidence of the following matters in respect of each importation of the goods into New Zealand during the importation period:
a: the date of importation; and
b: the amount of anti-dumping duty paid in respect of the goods; and
c: the export price of the goods; and
d: the normal value of the goods.
5: After receiving an application, the chief executive chief executive
6: As soon as practicable after receiving an application and any further information required under subsection (5) chief executive
7: If the Minister, after considering the application and chief executive
8: In this section, importation period
a: commences on 1 April and ends on 30 September in the same year; or
b: commences on 1 October and ends on 31 March the following year. Section 14A inserted 12 December 2012 section 4 Dumping and Countervailing Duties Amendment Act 2012 Section 14A(3)﻿(b) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(3)﻿(c) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(5) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(6) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 14A(7) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
15: Price undertakings
1: Subject to subsection (1A), where, chief executive started an investigation under section 10A
1A: Before accepting any undertaking given under subsection (1), the Minister must have reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that—
a: the goods are being dumped or subsidised; and
b: by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded.
2: Any price
3: The Minister may be given and accept any amendment to an undertaking because of altered circumstances.
4: If the Minister accepts an undertaking, the investigation of the extent of injury to an industry shall nevertheless be completed if the Minister or
5: If an investigation referred to in subsection (4) is completed and no determination of material injury, threat thereof, or material retardation to the establishment of an industry is made, the undertaking shall automatically lapse, except in cases where a determination of no threat of injury is attributable to a significant degree to the existence of the undertaking, in which case the Minister may require that the undertaking be maintained for such reasonable period as the Minister may determine.
5A: If an investigation referred to in subsection (4) is completed and the Minister determines that imposing an anti-dumping or a countervailing duty is not in the public interest, the undertaking automatically lapses.
6: The Minister may require any party from whom undertakings have been accepted to provide information relevant to the fulfilment of the undertaking.
7: The chief executive
8: Any undertaking given and accepted under this section shall automatically lapse from the date that is the later of 5 years after—
a: the date of the acceptance of the undertaking; or
b: where a review carried out under subsection (7) has been completed and the undertaking continued in the same or a modified form, the date of the initiation of that review— unless, at that date, the undertaking is subject to review under subsection (7).
9: If an investigation is terminated in accordance with subsection (1), notice of the termination shall be given. Section 15(1) amended 29 November 2017 section 17(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(1) amended 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(1A) inserted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(2) amended 1 July 1990 section 11(1) Dumping and Countervailing Duties Amendment Act 1990 Section 15(4) amended 1 July 1990 section 11(2) Dumping and Countervailing Duties Amendment Act 1990 Section 15(5A) inserted 29 November 2017 section 17(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(7) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 15(7) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 15(8) substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994
16: Provisional measures
1: If, at any time after 60 days from the date on which an investigation has been started by the chief executive under section 10A section 11
a: the Minister has reasonable cause to believe, in relation to the importation or intended importation of goods into New Zealand, that—
i: the goods are being dumped or subsidised; and
ii: by reason thereof material injury to an industry has been or is being caused or is threatened or the establishment of an industry has been or is being materially retarded; and
b: the Minister is satisfied that action under this section is necessary to prevent material injury being caused during the period of investigation,— the Minister may, by notice, give a provisional direction that payment of duty in respect of the goods shall be secured in accordance with sections 240 241
2: Notwithstanding subsection (1), at any time after the chief executive started section 11(3)﻿(b) sections 240 241
3: A provisional direction given under subsection (1) or (2) ceases to have effect from—
a: the date of the determination made by the Minister under section 10H(1)
b: if no determination has been, or will be, made under section 10H(1) section 10D(1)
4: When a provisional direction given under subsection (1) or subsection (2) ceases to have effect, any security given pursuant to the provisional direction shall be released, except to the extent that duties are payable on goods imported prior to the direction ceasing to have effect.
5: Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) exceeds the amount of duty determined under section 10D(2)﻿(a) Customs
6: Where the amount of anti-dumping duty or countervailing duty imposed pursuant to a provisional direction under subsection (1) or subsection (2) section 10D(2)﻿(a) Section 16 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 16(1) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16(1) amended 29 November 2017 section 18(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 16(2) amended 29 November 2017 section 18(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(2) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(3) replaced 29 November 2017 section 18(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(5) amended 29 November 2017 section 18(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 16(5) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 16(6) amended 29 November 2017 section 18(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
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)
b: for a determination under section 10H(1)
i: the day after the date of that determination; or
ii: a specified day after the day in subparagraph (i):
ba: for a full review stage 2 determination under section 17J(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 17S section 17W
i: the day after the date of the reassessment determination or the new exporter reassessment determination
ii: a specified day after the day in subparagraph (i). Section 17 substituted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006 Section 17(b) amended 29 November 2017 section 19(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(ba) inserted 29 November 2017 section 19(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(c) amended 29 November 2017 section 19(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 17(c)﻿(i) amended 29 November 2017 section 19(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
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—
a: makes a determination under section 10D(1)
i: material injury to an industry; or
ii: a threat of material injury where there would have been material injury if there had not been provisional measures; and
b: makes a determination under section 10H(1)
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 Section 17A inserted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006 Section 17A(1) replaced 29 November 2017 section 20 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
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 duty or countervailing duty to preclude recurrence of material injury and the Minister determines either of the following:
a: for dumped goods,—
i: either that—
A: there is a history of dumping causing material injury; or
B: the importer was or should have been aware that the goods were dumped and that the dumping would cause material injury; and
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 bestowed 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 country of export violates an undertaking under section 15 section 16
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 following 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 subsection (3) before the date of the violation of the undertaking
6: This section overrides section 17 Section 17B inserted 22 November 2006 section 6(1) Dumping and Countervailing Duties Amendment Act 2006
6: Review and reassessment
Part 6 inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
1: Full review
Subpart 1 inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review: purpose, start, and stages Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17C: Purpose of full review
The purpose of a full review is to investigate, in relation to an anti-dumping or a countervailing duty, whether—
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. Section 17C inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17D: Start of full review
1: The chief executive must start a full review of a duty after receiving an application from an interested party that includes positive evidence justifying the need for a full review.
2: The chief executive may start a full review of a duty at the chief executive’s discretion.
3: Subsection (4) applies if—
a: the chief executive starts a full review of an existing duty; and
b: the duty would, apart from subsection (4), cease to be payable during the period of the investigation.
4: The existing duty does not cease to be payable during the period of the investigation and remains payable until the duty is—
a: terminated following a negative determination under section 17G(1)
b: terminated following a determination that continuing to impose the duty is not in the public interest; or
c: replaced with a new duty under section 17K(2) Section 17D inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17E: Full review stages
1: If the chief executive starts a full review under section 17D section 17G(2)
2: The chief executive must give notice of a decision to start each stage of a full review as soon as practicable after the decision is made, and that notice must include the date on which each stage of the full review started or will start. Section 17E inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review stage 1: dumping, subsidy, and material injury Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17F: Full review stage 1: investigation
Dumping, subsidy, and material injury
1: If the chief executive starts a full review, the chief executive must investigate, in relation to an anti-dumping or a countervailing duty, whether—
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied. Procedure
2: The chief executive must, within 150 days after starting full review stage 1, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17G(1)
3: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the full review and, on justification being shown, to present that evidence orally; and
b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
4: Subsection (2) does not require the chief executive to provide information that would not be available to an interested party under section 3F
5: The chief executive must report the findings of full review stage 1 to the Minister. Section 17F inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17G: Full review stage 1: determination
1: Within 180 days after the start of full review stage 1 (but not less than 30 days after the written advice is given by the chief executive under section 17F(2)
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied.
2: If the Minister makes an affirmative determination, the Minister must—
a: determine the rate or amount of anti-dumping or countervailing duty, in accordance with section 10E
b: direct the chief executive to immediately start full review stage 2.
3: If the Minister makes a negative determination, the Minister must terminate the imposition of the duty under section 17Y(1)
4: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
5: In this section,— affirmative determination
a: continued imposition of the duty is necessary to offset dumping or subsidisation; and
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty expired or were otherwise removed or varied negative determination Section 17G inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review stage 2: public interest Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17H: Full review stage 2: investigation
1: If the Minister directs the chief executive to start full review stage 2, the chief executive must investigate whether continuing to impose an anti-dumping or a countervailing duty at the rate or amount determined under section 17G(2)﻿(a)
2: Continuing to impose the duty is in the public interest unless the cost to downstream industries and consumers of imposing the duty is likely to materially outweigh the benefit to the domestic industry of imposing the duty.
3: In investigating whether continuing to impose the duty is in the public interest, the matters the chief executive must investigate include those referred to in section 10F(3)
4: In this section,— consumers
a: New Zealand consumers of—
i: the dumped or subsidised goods; or
ii: like goods; or
iii: the other goods referred to in paragraph (a) of the definition of downstream industries; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant New Zealand consumers domestic industry section 17G(1)﻿(b) downstream industries
a: each immediate downstream New Zealand industry that uses the dumped or subsidised goods, or like goods, as an input in the production of other goods; and
b: if the Minister considers it appropriate for the purposes of this section, any other relevant downstream New Zealand industry. Section 17H inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17I: Full review stage 2: procedure
1: The chief executive must, within 60 days after starting full review stage 2, give the notified parties written advice of the preliminary findings that are likely to form the basis for a determination to be made by the Minister under section 17J(1)
2: The chief executive must give all persons that the chief executive considers would be significantly affected by continuing to impose the duty a reasonable opportunity to present, in writing, all evidence relevant to full review stage 2 and, on justification being shown, to present that evidence orally.
3: Subsection (1) does not require the chief executive to provide information that would not be available to an interested party under section 3F
4: The chief executive must report the findings of full review stage 2 to the Minister. Section 17I inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17J: Full review stage 2: determination
1: Within 90 days after the start of full review stage 2 (but not less than 30 days after the written advice is given by the chief executive under section 17I(1) see section 17H(2)
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made. Section 17J inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Full review: continued imposition of duty Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17K: Full review: continued imposition of duty
1: If the Minister determines that continuing to impose the anti-dumping or countervailing duty is in the public interest, the Minister must continue to impose a duty, at the rate or amount determined under section 17G(2)﻿(a)
a: to be known as anti-dumping duty, in respect of those goods that are dumped:
b: to be known as countervailing duty, in respect of those goods that are subsidised.
2: A duty that continues to be imposed under subsection (1)—
a: replaces the existing duty with effect on and from the applicable date referred to in section 17
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (3) is published in the Gazette
c: ceases to be payable from the date that is the specified period after the date on which the duty has effect under paragraph (a).
3: The Minister must give notice of the continued imposition of a duty under subsection (1) as soon as practicable after the imposition is made.
4: If the Minister determines that continuing to impose the duty is not in the public interest, the Minister must terminate the imposition of the duty under section 17Y(1) Section 17K inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
2: Limited review
Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17L: Purpose of limited review
The purpose of a limited review is to investigate, in relation to an anti-dumping or a countervailing duty, 1 or more of the following:
a: whether the scope of goods subject to the duty should be reduced:
b: whether an exporter should be exempted from the duty:
c: whether continued imposition of the duty is necessary to offset dumping:
d: whether material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would be likely to continue or recur if the duty were removed or varied. Section 17L inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17M: Start of limited review
1: The chief executive may start a limited review of a duty—
a: after receiving an application from an interested party that includes positive evidence justifying the need for a limited review; or
b: at the chief executive’s discretion.
2: The chief executive must give notice of a decision to start a limited review as soon as practicable after the decision is made, and that notice must include the date on which the limited review started or will start. Section 17M inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17N: Limited review: investigation
1: If the chief executive starts a limited review under section 17M section 17L
2: However, if the matters in section 17L(c) and (d) subpart 1
3: The chief executive must, within 150 days after starting a limited review, give the notified parties written advice of the essential facts and conclusions that are likely to form the basis for a determination to be made by the Minister under section 17O(1)
4: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the limited review and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
5: Subsection (3) does not require the chief executive to provide information that would not be available to an interested party under section 3F
6: The chief executive must report the findings of the limited review to the Minister. Section 17N inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17O: Limited review: determination
1: Within 180 days after the start of the limited review (but not less than 30 days after the written advice is given by the chief executive under section 17N(3)
2: The Minister must give notice of a determination as soon as practicable after the determination is made.
3: A determination has effect on and from the day after the date on which the notice under subsection (2) is published in the Gazette
4: If the Minister determines that the scope of goods subject to the duty should be reduced, the duty ceases to be payable on those goods that are no longer within the scope of the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette
5: If the Minister determines that an exporter should be exempted from the duty, that exporter is exempt from the duty on and from the day after the date on which the notice under subsection (2) is published in the Gazette
6: The Minister must terminate the imposition of the duty under section 17Y(1)
a: continued imposition of the duty is not necessary to offset dumping; or
b: material injury or threatened material injury to an industry, or material retardation of the establishment of an industry, would not be likely to continue or recur if the duty were removed or varied. Section 17O inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
3: Reassessment
Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17P: Purpose of reassessment
The purpose of a reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount). Section 17P inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17Q: Start of reassessment
1: The chief executive may start a reassessment of the rate or amount of an anti-dumping or a countervailing duty—
a: after receiving a request from an interested party that includes positive evidence justifying the need for a reassessment; or
b: at the chief executive’s discretion.
2: The chief executive must give notice of a decision to start a reassessment as soon as practicable after the decision is made, and that notice must include the date on which the reassessment started or will start. Section 17PQ inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17R: Reassessment of rate or amount of duty
1: If the chief executive starts a reassessment under section 17Q
2: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the reassessment and, on justification being shown, to present that evidence orally; and
b: on request being made by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
3: The chief executive must report the findings of a reassessment to the Minister. Section 17R inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17S: Reassessment determination
1: The Minister must determine a reassessed rate or amount of the duty (which may be the same rate or amount as applied before the reassessment).
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
3: Section 10E section 10D(2)﻿(a)
4: The reassessed duty—
a: replaces the existing duty with effect on and from the applicable date referred to in section 17
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette
c: ceases to be payable from the date that the original duty would, but for the reassessment, have ceased to be payable in accordance with section 13A(1) and (2)
5: If a reassessment results in a lower rate or amount of duty being imposed on goods, the Minister may require Customs to refund, with effect from the date of the start of the reassessment, the difference between the duty paid and the lower rate or amount of duty. Section 17S inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
4: New exporter reassessment
Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17T: Purpose of new exporter reassessment
The purpose of a new exporter reassessment is to reassess the rate or amount of an anti-dumping or a countervailing duty (which may include any element of a formula used to establish the rate or amount) in respect of a new exporter. Section 17T inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17U: Start of new exporter reassessment
1: The chief executive may start a new exporter reassessment of the rate or amount of an anti-dumping or a countervailing duty after receiving a request from a new exporter that submits positive evidence justifying the need for a new exporter reassessment.
2: The chief executive must give notice of a decision to start a new exporter reassessment as soon as practicable after the decision is made, and that notice must include the date on which the new exporter reassessment started or will start. Section 17U inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17V: New exporter reassessment of rate or amount of duty
1: If the chief executive starts a new exporter reassessment under section 17U
2: The chief executive must give interested parties a reasonable opportunity—
a: to present, in writing, all evidence relevant to the new exporter reassessment and, on justification being shown, to present that evidence orally; and
b: on request by an interested party, to meet other interested parties with adverse interests in order that they may present opposing views.
3: The chief executive must report the findings of a new exporter reassessment to the Minister. Section 17V inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17W: New exporter reassessment determination
1: The Minister must determine a reassessed rate or amount of the duty for the new exporter (which may be the same rate or amount as for other exporters).
2: The Minister must give notice of a determination under subsection (1) as soon as practicable after the determination is made.
3: Section 10E applies (with all necessary modifications) to the new exporter reassessment determination as if the new exporter reassessment determination were a determination under section 10D(2)﻿(a).
4: The reassessed duty—
a: has effect for the new exporter on and from the applicable date referred to in section 17
b: must be collected and paid on the demand of Customs on and from the day after the date on which the notice under subsection (2) is published in the Gazette
c: ceases to be payable from the date that the original duty ceases to be payable in accordance with section 13A(1) and (2) Section 17W inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17X: Imposition of duty during new exporter reassessment
1: No anti-dumping or countervailing duty may be imposed on goods imported from a new exporter during a new exporter reassessment.
2: Despite section 17W(4) section 17W
3: Despite subsection (1), the Minister may, by notice, give a provisional direction that payment of an anti-dumping or a countervailing duty at the residual rate in respect of goods that are subject to a new exporter reassessment must be secured in accordance with sections 156 157
4: A provisional direction given under subsection (3) ceases to have effect following a determination made by the Minister under section 17W
5: If a provisional direction given under subsection (3) ceases to have effect, security given under the provisional direction must be released, except to the extent that duties are payable on goods imported before the direction ceased to have effect.
6: If the amount of duty imposed under a provisional direction under subsection (3) exceeds the amount of duty determined under section 17W
7: If the amount of duty imposed under a provisional direction under subsection (3) is less than the amount of duty determined under section 17W Section 17X inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
5: Termination
Heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
17Y: Termination of anti-dumping or countervailing duty
1: The Minister may, by notice, terminate, in whole or in part, the imposition of an anti-dumping or a countervailing duty.
2: The date of termination specified in the notice may be before the date of the notice. Section 17Y inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
7: Third country anti-dumping duties
Part 7 heading inserted 29 November 2017 section 21 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
18: Third country anti-dumping
1: This section applies if the Government chief executive
a: goods imported or intended to be imported into New Zealand—
i: were produced or manufactured in another country; and
ii: have been dumped
b: by reason of the dumping
i: material injury to a domestic industry of a third country (being a country other than New Zealand and other than the country in which the goods were produced or manufactured) has been or is being caused or is threatened; or
ii: the establishment of a domestic industry of such a country has been or is being materially retarded.
2: The provisions of this Act apply with all necessary modifications as if—
a: references to the effect of the goods on a New Zealand industry were references to the effect of those goods on the third country's domestic industry; and
b: references to New Zealand producers in sections 3A 8(2) 10(1) and (3) 10A(1)﻿(b) 11(1)
c: references to New Zealand production or domestic production in sections 3A(b) 10(3)﻿(c) 10A(1)﻿(b)
d: references to New Zealand industry in sections 8(1)﻿(c) 11(1)﻿(b)
e: the reference to goods produced in New Zealand in section 10F(3)﻿(b)
f: the reference to production or consumption in New Zealand in section 8(2)﻿(a)
i: New Zealand; or
ii: if the Minister considers it appropriate, a combination of both New Zealand and that third country; and
g: references to domestic consumption in section 10A(1)﻿(b)
h: in sections 10F(4) 17H(4) domestic industry
i: the New Zealand domestic industry (if any); or
ii: if the Minister considers it appropriate, a combination of both the New Zealand domestic industry (if any) and the domestic industry of that third country.
3: However,—
a: references to prices in section 8(1)﻿(b) and (2)﻿(b) and (d)﻿(ii) section 10(3)﻿(l)
b: references to downstream industries and consumers in sections 10F(4) 17H(4) Example
The Government of country X advises the chief executive that— goods imported into New Zealand were produced in country Y: those goods have been dumped: by reason of the dumping, material injury to a domestic industry of country X has been caused. The provisions of this Act apply as if references to the effect of those goods on a New Zealand industry were references to the effect of those goods on country X’s domestic industry. Section 18 substituted 1 January 1995 Dumping and Countervailing Duties Amendment Act 1994 Section 18 heading amended 29 November 2017 section 22(1) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 22(2) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 22(6) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1) amended 29 November 2017 section 25 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)﻿(a)﻿(ii) amended 29 November 2017 section 22(3) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)﻿(b) amended 29 November 2017 section 22(4) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(1)﻿(b)﻿(ii) amended 29 November 2017 section 22(5) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(2) inserted 29 November 2017 section 22(7) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017 Section 18(3) inserted 29 November 2017 section 22(7) Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
19: Savings
Section 19 repealed 29 November 2017 section 23 Trade (Anti-dumping and Countervailing Duties) Amendment Act 2017
20: Consequential amendments
Section 20 repealed 1 October 1996 section 290(1) Customs and Excise Act 1996