Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005

1: Title
1: This Act is the Tariff (New Zealand–Thailand Closer Economic Partnership) Act 2005.
2: In this Act, the Tariff Act 1988 the principal Act
2: Commencement
This Act comes into force on 1 July 2005.
1: Implementation of preferential tariffs under New Zealand–Thailand Closer Economic Partnership Agreement
3: Purpose
This Part amends the principal Act to enable preferential tariffs conferred on Thailand under the New Zealand–Thailand Closer Economic Partnership Agreement to be implemented.
4: Application of Tariff
Section 7(1)
h: in the case of goods—
i: being the produce or manufacture of Thailand; and
ii: being goods included in a tariff item in respect of which a rate of duty is specified after the abbreviation TH Preferential tariff at the rate so specified.
2: Application of transitional safeguard measures and provisional safeguard measures
5: Purpose
This Part amends the principal Act to provide for the application of transitional safeguard measures and provisional transitional safeguard measures in relation to the New Zealand–Thailand Closer Economic Partnership Agreement.
6: The Tariff
Section 3 Schedule 1 to this Act or with a transitional safeguard measure or a provisional transitional safeguard measure, as the case may require,
7: New sections 15A to 15H inserted
The principal Act is amended by inserting, after section 15
15A: Interpretation
In this section and sections 15B to 15H directly competitive goods free trade agreement industry
a: the New Zealand producers, as a whole, of like or directly competitive goods; or
b: the New Zealand producers of like or directly competitive goods whose collective output constitutes a major proportion of the total production of those goods 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 that have characteristics closely resembling those goods provisional transitional safeguard measure section 15H serious injury transitional safeguard measure section 15F
15B: Chief executive may undertake transitional safeguard investigation
1: The chief executive may undertake a transitional safeguard investigation to ascertain whether goods that have been subject to tariff reduction or removal after the entry into force of the free trade agreement—
a: are being imported in increased quantities (in absolute terms or relative to domestic production); and
b: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good.
2: The chief executive may undertake a transitional safeguard investigation—
a: either—
i: after receiving a written request by or on behalf of an industry concerned, if the chief executive is satisfied that the request contains evidence to justify the investigation; or
ii: on his or her own initiative; and
b: only if the free trade agreement provides for the application of a transitional safeguard measure.
15C: Investigative procedures
1: Before any transitional safeguard investigation, the chief executive must specify administrative procedures for the conduct of transitional safeguard investigations that—
a: are consistent with New Zealand's international obligations; and
b: include the following matters:
i: the provision of public notice of the investigation; and
ii: an opportunity for interested parties to respond to submissions of other parties; and
iii: the treatment of confidential material provided by interested parties.
2: The chief executive may amend the procedures specified under subsection (1).
3: An amendment to the procedures does not apply to an investigation being undertaken when the amendment comes into force, unless the amendment specifies otherwise.
4: The chief executive must publish the procedures, and any amendments to the procedures, in the Gazette
15D: Matters to be taken into account by chief executive
When the chief executive is investigating, for the purposes of section 15B
a: the rate and amount of the increase in the volume of imports of the goods, in absolute terms and relative to domestic production; and
b: the economic impact of the increased importation of the goods on the industry, including actual decline in output, sales, market share, profits, productivity, employment, and utilisation of production capacity; and
c: factors other than the imports that have injured, or are injuring, the industry; and
d: any other factors considered relevant to New Zealand's international obligations.
15E: Publication of investigation results
1: As soon as practicable after completing an investigation under section 15B
2: The chief executive must—
a: make copies of the report available, free of charge, on the Internet; and
b: give notice in the Gazette
15F: Application of transitional safeguard measure
1: The Minister may decide to apply a transitional safeguard measure if he or she makes a determination, as a result of the investigation by the chief executive under section 15B
a: are being imported in increased quantities (in absolute terms or relative to domestic production); and
b: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good.
2: A transitional safeguard measure applies on and from—
a: the date specified in the measure (which may be a date before, on, or after the date on which the determination is made); or
b: if no date is specified in the measure, the date on which the determination is made under subsection (1).
3: A transitional safeguard measure expires—
a: on the date specified in the measure; or
b: at an earlier date (if any) specified by the Minister by notice in the Gazette
4: The Minister must ensure that—
a: any transitional safeguard measure is applied only to the extent necessary to prevent or remedy serious injury and facilitate adjustment; and
b: the nature, rate, extent, and duration of the transitional safeguard measure is consistent with New Zealand's international obligations as a party to the free trade agreement; and
c: any transitional safeguard measure is consistent with the provisions of the free trade agreement; and
d: any transitional safeguard measure is not inconsistent with New Zealand's other international obligations.
5: The Minister's decision to apply a transitional safeguard measure must be published as soon as practicable in the Gazette
6: A transitional safeguard measure, in the form of a duty, applied under subsection (5) is due and payable on the demand of the Customs on and from the date on which the measure applies under subsection (2).
15G: Extension of transitional safeguard measure
The Minister may extend the transitional safeguard measure applied under section 15F
15H: Provisional transitional safeguard measure
1: Following the initiation of an investigation under section 15B
a: goods that have been subject to tariff reduction or removal after the entry into force of the free trade agreement—
i: are being imported in increased quantities (in absolute terms or relative to domestic production); and
ii: are causing, or threatening to cause, serious injury to an industry producing a like or directly competitive good; and
b: there exist highly unusual and critical circumstances; and
c: the delay in applying a transitional safeguard measure under section 15F
2: A provisional transitional safeguard measure applies on and from—
a: the date specified in the measure (which may be a date before, on, or after the date on which the determination is made); or
b: if no date is specified in the measure, the date on which the determination is made under subsection (1).
3: After making a determination under subsection (1), the Minister may apply a provisional transitional safeguard measure.
4: The Minister must ensure that—
a: any provisional transitional safeguard measure is applied only to the extent necessary to prevent or remedy serious injury and facilitate adjustment; and
b: the nature, rate, extent, and duration of the provisional transitional safeguard measure is consistent with New Zealand's international obligations as a party to the free trade agreement; and
c: any provisional transitional safeguard measure is consistent with the provisions of the free trade agreement; and
d: any provisional transitional safeguard measure is not inconsistent with New Zealand's other international obligations.
5: The Minister's decision to apply a provisional transitional safeguard measure must be published as soon as practicable in the Gazette
6: A provisional transitional safeguard measure, in the form of a duty, applied under subsection (3)—
a: is due and payable on the demand of the Customs on and from the date on which the measure applies under subsection (2):
b: must be refunded by the Customs in the circumstances specified in subsection (7).
7: The circumstances referred to in subsection (6)(b) are—
a: if an investigation under section 15B
b: in any other case, to the extent (if any) that the Minister requires the duty to be refunded.