INVESTIGATION PROGRESS

Date Status
29 Aug 2019 Definitive duty
08 Mar 2019 Initiation

IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 30 Aug 2019 | Removal date: open ended
Still in force

Anti-dumping

On 8 March 2019, the New Zealand authorities initiated an antidumping reconsideration investigation on imports of preserved peaches from Spain. The products subject to investigation are classified under the following HS code subheading: 2008.70.

A reconsideration investigation is not an initial investigation but an appeal against the final findings issued. The original investigation was a sunset review initiated on 4 August 2016 and was subsequently terminated without the extension of duties on 23 February 2017, see related state act. Following this final determination, Heinz Wattie’s Ltd sought a judicial review of New Zealand's Ministry of Business, Innovation and Employment's investigation and final conclusion. In conclusion of this review, the High Court: "held that HWL had an inadequate opportunity to advance arguments in support of the anti-dumping duties continuing; issued a declaration that MBIE’s process breached obligations of natural justice owed to HWL as an interested party, by failing to convey to HWL the new material relied on by MBIE in its final report to reach a conclusion contrary to that signalled in MBIE’s interim report; quashed the Minister’s decision to terminate the anti-dumping duties; and directed MBIE to reconsider its sunset review of the justification for an anti-dumping duty against Spanish preserved peaches." The antidumping reconsideration investigation is conducted in light of the High Courts findings. The analysis of dumping is 1 January to 31 December 2018 whilst the original investigation covered the period 1 July 2015 to 30 June 2016.

On 29 August 2019, the New Zealand authorities issued Notice No. 2019-go4073 imposing a definitive duty on imports of the subject good from Spain following the conclusion of a reconsideration investigation. The rate of duty is 2.5%, 7.9% or 15.9% depending on the company and the weight in a can of the subject good This is with the exception of the company Conservas El Navarrico who is exempt from duties. The duty entered into force on 30 August 2019. 

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

214 Prepared & preserved fruits & nuts
2008 Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included.
200870 Peaches, including nectarines

Please report this page in case you detect an inaccuracy in its content.