ANNOUNCEMENT 11 Mar 2019
On 11 March 2019, the New Zealand authorities issued Notice No. 2019-go1104 initiating an antidumping reconsideration investigation on imports of preserved peaches from Spain. In August 2019, a definitive duty was imposed.
NUMBER OF INTERVENTIONS
Government of New Zealand, Ministry of Business, Innovation and Employment, Note on the basis for reconsideration of review of preserved peaches from Spain, issued on 12 March 2019: https://www.mbie.govt.nz/assets/eef2d1ee41/note-on-the-basis-for-reconsideration-of-review-of-preserved-peaches-from-spain.pdf
NEW ZEALAND GAZETTE, Initiation of Reconsideration of Review of Anti-Dumping Duties: Preserved Peaches from Spain, issued on 11 March 2019: https://gazette.govt.nz/assets/pdf-cache/2019/2019-go1104.pdf?2019-03-11%2009:28:01
New Zealand Gazette, Reconsideration of Anti-Dumping Duties on Preserved Peaches From Spain, Notice No. 2019-go4073, issued on 29 August 2019: https://gazette.govt.nz/notice/id/2019-go4073
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.