Countervailing And Anti-Dumping Duties Act 1993

Original Language Title: Countervailing And Anti-Dumping Duties Act 1993

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Laws of MALAYSIA ONLINE VERSION of the PRINT TEXT that UPDATES Act 504 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 As at 1 January 2012 2 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 date of Assent.................. 7 July 1993 date published in the Gazette............ July 15, 1993 last amended through the A1046 Act comes into operation on..................... December 1, 1999 3 laws of MALAYSIA Act 504 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation part IT SUBSIDY 2A. 2B subsidies. Subsidies are prohibited from 2 c. Subsidies can take action 2D. The subsidy cannot be acknowledged 2E. Recount subsidy PART II DUTY TAKES FEEDBACK 3. The imposition of a duty in return reply 4. Initiation 5. Consultations with foreign government stakeholders 6. Amendment to petition 7. Period of investigation 7A. Harm and reasoned relationship 8. Preliminary determination of subsidy and injury 4 laws of Malaysia ACT Section 504 9. The temporary step 10. Final determination of subsidy and injury 11. Termination of investigation 12. Suspension of investigation 12A. The duration of duty 13. Review administrative 13A. Review of repayment 13B. Review of accelerated 14. Appeals to Tribunal PART III DUTY ANTI-DUMPING 15. Imposition of anti-dumping duties 16. Normal value of 17. Export price 18. Comparison of normal value and export price 19. Trading the subject of economical non-market 20. Preliminary investigation of 21. Amendment to the petition of 22. 22A. Period of investigation Reasoned relationship and 23. Determination of dumping and injury early on 24. The temporary step 25. The final determination of dumping and harms 26. Termination of investigation 27. Suspension of investigation 27A. The duration of duty 28. Review administrative 28A. Review of repayment 28B. Accelerated review 29. Anti-dumping action on behalf of a third Country in return Duties and Anti-dumping duties Counter 5 PART IV ADMINISTRATION of section 30. Administrative matters 31. Protection officers and persons acting under the direction of 32 officers. (Cut) 33. Regulations in respect of the area set out 34. Application of Customs Act 1967 34A. Judicial review part V GENERAL 35. The assessment collectively 36. False statements 37. Anti-circumvention measures 38. Notice of information and opportunity to produce evidence 39. Confidential information from stakeholders 40. Verification of information 41. The use of the fact that there are 42. Other practices that are found during the investigation of 43. Conduct investigations if there is no applicable international obligations 44. Transfer of 45 ships. Publication of notice 46. Calculation of twice is not allowed 47. Customs clearance cannot be blocked 48. Public servants 49. Obligation of confidentiality 50. The power to make regulations 51. The abolishment of the Customs Act (Dumping and Subsidies) 1959 7 laws of MALAYSIA Act 504 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 an act to make provision about the investigation and determination of subsidy given at, and dumping, trade imported into Malaysia, the imposition of a duty in return reply and anti-dumping duties to offset the dumping or subsidies, and any other matters relating thereto.

[April 28, 1994, P.U. (B) 212/1994]

BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act of duty Takes feedback and Anti-Dumping 1993.

(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.


Interpretation 2. (1) in this Act, unless the context otherwise requires 8 laws of Malaysia ACT 504 other meanings — "undertaking" means an undertaking as defined under section 50;

"Member" means a member of the World Trade Organization Agreement;

"trade subject" means the class or kind of merchandise imported or sold for importation into Malaysia that is the subject for any act of duty takes feedback or anti-dumping duties under this Act, as may be determined by the Government as appropriate to ensure that the scope of the action;

"de minimis" — (a) in relation to subsidies means the amount of the subsidy in relation to the importation of the country being investigated that was less than one per cent ad valorem; and (b) in respect of dumping dumping margin means is less than two per cent, which is expressed as a percentage of the export price;

"prescribed" means prescribed by regulations;

"export price" means the price of an export trade as determined in accordance with section 17;

"domestic industry" means — (a) the domestic producers as a whole for similar products;

(b) the manufacturer of Interior production collectively for similar products is the largest part of the total domestic production of the similar products; or (c) if applicable, regional producers similar products: provided that when any manufacturer mentioned in return Duties and Anti-dumping duties Counter 9 in paragraph (a), (b) and (c) be related to exporters or importers or are themselves importers of the subject or a trade, in respect of part II, is the similar products importers from other countries, the phrase "domestic industry" may be interpreted as a reference to other issuers referred to in paragraph (a) , (b) or (c), as the case may be, in addition to the relevant manufacturer or producer who is the importer;

"identical products" means the products of the same or similar of all in terms of trading with the subject or, if no such products, other products though not identical in terms of all have features that almost resembles the subject merchandise;

"harm" means material harm or threat

material harm to the domestic industry or material kerencatan the establishment of such an industry;

"Government" means the Government of Malaysia;

"dumping" means the importation of merchandise into Malaysia at an amount less than its normal value as sold in the domestic market of the exporting country;

"temporary measures" means — (a) in relation to part II, the requirements to provide a security equal to the estimated subsidy that is found in the initial determination; and (b) in relation to part III, the requirements to provide a security equal to the estimated margin of dumping found in the preliminary determination;

"margin of dumping" means the amount to it normal value exceeds the export price of trade;

"Minister" means the Minister responsible for the 10 laws of Malaysia ACT 504 international trade and industry;

"country" includes Customs Union customs territory or which has full autonomy in the conduct of its external commercial relations and other matters provided for in the Treaty of the World Trade Organization;

"the country economical non-market" means any foreign country as determined by the Government as operating based on the planned economy based and not based on market principles based on cost or pricing structure or economic free enterprise;

"exporting country" means — (a) the country of export trade subjects; or (b) in the case when trading the subject not dieksportkan directly to Malaysia but moved through an intermediate country — (i) if the trade subjects have not been modified substantially in the intermediate country, the home country of the subject merchandise;

(ii) if trading the subject varied substantially in the intermediate, the intermediate countries;

"normal value" means the value of a normal trading as determined in accordance with section 16 or 19;

"customs officer" has the same meaning as given to the expression under section 2 of the Customs Act 1967;

"producer" means a producer, manufacturer or processor;

"regional" means the domestic manufacturers of similar products, located in certain regional markets in Malaysia if in the case of exceptional circumstances there are two or more competitive markets in Malaysia for production and in the case of such a manufacturer releases similar in each market can be regarded as a separate industry if — in return Duties and Anti-dumping duties Counter 11 (a) the producers within each market sell all or almost all trades may be produced by him in that market; and (b) the demand in each market is not up to any substantial extent supplied by the manufacturer of the merchandise may be located elsewhere in Malaysia;

"The General Agreement on Tariffs and Trade 1994" means the General Agreement on Tariffs and Trade 1994 as specified in Annex 1A to the World Trade Organization Agreement;

"The World Trade Organization Agreement" means the Marrakesh Agreement Establishing the World Trade Organization in Marrakesh on 15 April 1994;

"World Trade Organization" means the World Trade Organization, which was established by the World Trade Organization Agreement;

"stakeholders" means — (a) producers, exporters or importers of the subject merchandise;
(b) trade or business association a majority of its members are producers, exporters or importers of the subject merchandise;

(c) the Government of a country in which the subject issued a trading or trading them dieksportkan subject;

(d) manufacturers of similar products in Malaysia;
(e) trade or business association a majority of its members produce similar 12 laws of Malaysia ACT 504 Malaysia; or (f) any other fit by the Government;
"very little" — (a) in relation to the action of duty return reply, in which case Member developing countries, means the total importation trade subject, actual or possible, from a member of certain developing countries into Malaysia accounted for less than four percent of the total imported similar products unless members are developing countries which individually contribute less than four per cent of similar products imported into Malaysia as a whole contributed more than nine per cent of the total imported similar products into Malaysia; and (b) in connection with the anti-dumping duty actions means the total importation trade subject, actual or possible, from a particular country into Malaysia contributes less than three percent of the total imported similar products unless countries which individually contribute less than three per cent of similar products imported into Malaysia as a whole contributed more than seven percent of the total imported similar products into Malaysia.

(2) (Cut by the Act A1046).

(3) Notwithstanding any other provision of this Act, the Minister may take into account any activity recognized under Malaysian international obligations as activities that shall or shall not be subject to action under this Act.

(4) (Cut by the Act A1046).

(5) the Parties shall be deemed to be related if — (a) a party in control of the other party directly or indirectly;
Duty in return Reply and Anti-Dumping 13 (b) both parties are controlled by a third party directly or indirectly; or (c) the parties control a third party jointly, directly or indirectly, provided that there are grounds for believing or suspecting that the effect of the relationship is to cause parties concerned behaves different from the parties not related.

(6) a party shall be deemed to control the other party when the party first-mentioned that, according to law or practice operations, be in a position to carry out sanctions on or give instructions to the parties then that.

PART IT SUBSIDIES Subsidies 2A. For the purposes of this Act, the "subsidy", in respect of trading imported into Malaysia, means —


(a) a financial contribution by a Government or public corporations, or by the private corporation entrusted or directed by a Government or public corporations that perform a function of Government, made in connection with the production, manufacture or exportation of such trading and involving one or more than one of the following: (i) direct transfer of funds from Government or public corporations or private corporation to the enterprises that manufacture , and sell or trade the mengeksportkan (hereinafter called "the enterprise");
14 laws of Malaysia ACT 504 (ii) transfer of funds which may be made directly from the Government or public corporations or private corporation to the industry that depends on the occurrence of certain circumstances;

(iii) penyetujuterimaan the enterprise liability, actual or possible, by the Government or public corporations or private corporation that;

(iv) release, or the Act of not collecting, proceeds (apart from exceptions or permissible reduction) payable to Government or public corporations or private corporation by the enterprise;

(v) the provision of goods or services by the Government or public corporations or private corporation to the industry other than general infrastructure;

(vi) the purchase of goods provided by the enterprises by the Government or public corporations or private corporation that;

(vii) payment to financing mechanisms by the Government or the public corporation; or (b) any form of income or price support set out in Article XVI of the General Agreement on Tariffs and Trade 1994 received from Government or public corporations, if financial contributions or income or price support that provide benefits in respect of the trade.


2B prohibited subsidies. The following prohibited subsidies: (a) subsidies which depends, in accordance with the law or in fact, whether solely or as one of several other conditions, on export performance, including the prescribed conditions; and in return Duties and Anti-dumping duties Counter 15 (b) subsidies depends, whether solely or as one of several other conditions, on the use of the inland trade in excess of imported merchandise.


Subsidies can take action 2 c. Subsidies causing adverse effects to the interests of any of the following in the State shall be subject to the measures in return reply under this Act: (a) to the detriment of domestic industry;
(b) cancel or reduce benefits accrued directly or indirectly under the General Agreement on Tariffs and Trade 1994, in particular the benefits of concessions bound under that Article II of the General Agreement on Tariffs and Trade 1994; or (c) affect the severe domestic interest: provided that this section shall not apply to subsidies maintained on agricultural products as provided in article 13 Agreements on Agriculture set out in annex 1A to the World Trade Organization Agreement.


Subsidies not be taken action 2D. The following subsidies shall be considered as subsidies cannot be acknowledged and are not subject to duty in return reply under this Act: (a) subsidies which are not specific within the meaning of subsection 3 (2); and 16 laws of Malaysia ACT 504 (b) subsidies which are specific within the meaning of subsection 3(2) but meet all conditions specified.


Recount subsidy 2E. Subsidies shall be calculated in the prescribed manner.


PART II DUTY in RETURN REPLY imposition of duty takes feedback 3. (1) no duty in return reply may be imposed except in accordance with this Act.

(2) a subsidy as set out in section 2A shall be subject to duty in return reply provided under this Act only if the subsidy is specific, as may be prescribed, and not a subsidy cannot be acknowledged.

(3) the amount of duty in return reply to be applicable shall be calculated in the manner prescribed.


Initiation 4. (1) the Government can initiate an investigation to determine the existence, extent and effect of any alleged subsidy when submitted a petition in writing by or on behalf of the domestic industry that produce similar.

(2) a petition under subsection (1) shall contain such information as may be prescribed and shall include sufficient evidence of the existence of subsidies and the relationship between harm and reasoned with harms trading importation subject alleged.

(3) the Government shall, within the period prescribed, examine the petition and the information and other evidence available to determine whether — in return Duties and Anti-Dumping Response 17 (a) the evidence sufficient to justify the initiation;

(b) there is a level of support for or opposition to the petition is sufficient as specified by the industry in the State; and (c) an investigation is in the public interest.
(4) a petition under subsection (1) shall be rejected immediately if the Government is satisfied that — (a) there is no sufficient evidence about whether pensubsidian or harm to justify the commencement of an investigation the duty in return reply, such as but not limited to the case when the amount of the subsidy is de minimis, or where the total importation trade subject, actual or possible, or harm, is only a little; or (b) an investigation is not in the public interest.
(5) if the Government rejects a petition under subsection (4), the Government shall, as soon as practicable, inform the petitioners in writing of its determination not to start an investigation.

(6) Notwithstanding subsection (1) the Government may, in special circumstances, initiate an investigation takes duty upon his will own counter without receiving a written petition by or on behalf of the domestic industry for the initiation of such if the Government has sufficient evidence on each item specified in subsection (2).

(7) if the Government decided to begin an investigation under subsection (1) or subsection (6), the Government shall notify the relevant stakeholders and publish notice of initiation.
18 laws of Malaysia ACT 504

(8) evidence of subsidy and injury shall be considered simultaneously in both the decision of whether to start an investigation and then along the way of the investigation, starting on a date not later than the earliest date of temporary measures applicable.

(9) the Government cannot disclose any petition made under this section unless the Government has decided to launch an investigation.


Consultations with foreign government stakeholders 5. (1) before starting the investigation, the Government shall give the Member subject to an investigation and any foreign government stakeholders the opportunity to consult for the purpose of explaining the things relevant to the investigation and to obtain a solution agreed.

(2) the Government shall give a reasonable opportunity for further consultations during the investigation trip.

(3) no affirmative determination whether preliminary or final be made without reasonable opportunity for consultations.

(4) the Consultation referred to in subsection (1) may establish the basis for taking action under section 4.

(5) the Government shall also allow, upon request, a Member subject to an investigation of access to evidence not strictly confidential, including summary is not confidential information confidential, that is used to start or investigation.


Amendment to petition 6. A petition requesting an investigation duties in return reply started may be amended subject to such conditions as it deems fit by the Government.

Duty in return Reply and Anti-Dumping investigation period 19 7. The Government should be putting an end to an investigation duties in return reply within the stipulated time.


Reasoned relationship and 7A. (1) determination of harm for the purposes of an investigation of duty return reply under this Act shall be based on evidence and shall involve examining objectively both total importation trade subjects and trade effects at a price in the market place subject in the State for similar products and the effects arising from the importation at domestic producers of such products.

(2) for the purposes of this Act, must be that trade subject, through the effects of subsidies, causing injury.

(3) the designation of the relationship between trade subjects with reasoned harm to the domestic industry shall be based on examination of all the evidence in question is with the Government.

(4) the Government shall also examine any known factors other than the subject of the trade at the same time is detrimental to domestic industry and harm caused by these other factors shall not be deemed to be caused by trading subject.

(5) the determination of threat of material injury shall be based on facts and not merely on allegations, terkaan or chances are thin.

(6) in making a determination regarding the existence of a threat of material harm, the Government shall consider any factors that may be prescribed.

20 laws of Malaysia ACT 504 (7) in the case when the harm threatened by trade subject, payroll takes feedback shall be considered and decided with special attention.


Preliminary determination of subsidy and harm 8. (1) the Government shall, within the period prescribed, make a determination early on — (a) whether the subsidy is given in respect of trading subjects and the subsidy amount; and (b) whether harm is found to exist according to any one of the following ways: (i) trade subject, through the effect of the subsidy, are causing material injury to the domestic industry in Malaysia to produce similar;

(ii) trade subject, through the effect of the subsidy, are threatening to cause material injury to the domestic industry in Malaysia to produce similar; or (iii) trading subjects, through the effect of the subsidy, are causing the material to the establishment of such an industry kerencatan in Malaysia.

(2) if the Government made a determination early negative about subsection (1), it shall publish a notice stating the reasons for the negative determination of and — (a) continue the investigation; or (b) terminate the investigation if it thinks fit by the Government.

(3) if the Government made a determination early affirmative identify subsection (1), it shall proceed with the investigation and publish a notice of Return feedback and Duty — Anti-Dumping 21 (a) the initial determination is affirmative, stating the reasons for its determination in respect of paragraph (1) (a) and (b); and (b) temporary measures applicable.

The temporary step 9. (1) the Government shall use temporary trade measures on the subject imported into Malaysia on or after publication of the notice of preliminary affirmative determination if the Government determines that such steps were needed to prevent the occurrence of harm referred to in paragraph 8 (1) (b) during the period of investigation.

(2) temporary measures shall be in the form of duty return reply while guaranteed by collateral equal to the estimated subsidy determined under subsection 8 (1).

(3) temporary measures imposed under this section shall not exceed the specified period.


Final determination of subsidy and injury 10. (1) the Government shall, within the period prescribed, make a Determination final determination as to — (a) whether the subsidy is given in respect of trading subjects and the subsidy amount; and (b) whether harm is found to exist according to any one of the following ways: (i) trade subject, through the effect of the subsidy, are causing material injury to the domestic industry in Malaysia 22 laws of Malaysia ACT 504 produce similar;

(ii) trade subject, through the effect of the subsidy, are threatening to cause material injury to the domestic industry in Malaysia to produce similar; or (iii) trading subjects, through the effect of the subsidy, are causing the material to the establishment of such an industry kerencatan in Malaysia.

(2) the Government shall, before making a final determination, notify all interested Members and interested parties of the essential facts that are being

considered which form the basis for the decision whether to apply definitive measures.

(2A) a disclosure under subsection (2) shall be made in sufficient time for all interested Members and interested parties to defend its interest.

(3) if the Government makes a final determination is negative about subsection (1), it shall be — (a) terminate the investigation;
(b) terminate the temporary measures applicable under section 9 and to hold the collateral required by such steps; and (c) publish a notice of the final determination is negative, stating the reasons for the determination of the downside.

(4) if the Government makes a final affirmative determination on subsection (1), it shall be — (a) publish a notice of final affirmative determination stating the reasons for the determination of afirmatifnya, duty takes feedback and trading subjects for which the applicable duties in return reply;

(b) impose a duty in return of the amount of duty Takes feedback and Anti-Dumping 23 determined in accordance with subsection 3 (3) on the subject of trading imported into Malaysia on or after the date of publication of the final determination; and (c) impose a duty in return reply in accordance with subsection (5) and (6) on imports into Malaysia for which temporary measures apply.

(4A) if the final affirmative determination has been made, the Government can take into account the public interest in determining whether to impose duties in return reply and the amount of the duty.

(5) the Government shall impose the duty in return reply on trading subjects against whom provisional measures apply if — (a) the Government material harm makes a determination under subparagraph (1) (b) (i); or (b) the Government made a determination of threat of material harm under subparagraph (1) (b) (ii), it found that, in the absence of steps in the meantime, the subject of trade will result in a finding of material injury under subparagraph (1) (b) (i).

(5A) Notwithstanding subsection (5), if a determination of threat of injury or material made kerencatan but no harm has occurred, the final reply in return duties may be imposed only from the date of the determination of the existence of a threat of harm or kerencatan material, and any collateral put forward during the period of imposition of provisional measures shall be released immediately.

(6) in respect of the imposition of a duty in return reply under subsection (5) — (a) if the reply in return duties higher than the amount guaranteed by collateral required under temporary measures, only the same amount of the security shall be charged; and 24 laws of Malaysia ACT 504 (b) if the duty in return reply is less than the amount guaranteed by collateral required under temporary measures, the full amount of duty return reply shall apply and the excess of the security shall be replace or discharge.

(7) Notwithstanding subsection (4) and (5), the Government may impose duty takes feedback on trading the subject imported into Malaysia within ninety days prior to the adoption of temporary measures if — (a) the Government found difficult to harm repaired;
(b) the harm that is caused by a massive importation of the subject trading within a very short time; and (c) export subsidies are granted in respect of the subject trade contrary to the international obligations of the foreign government stakeholders that.

(7A) no duty in return reply may be imposed retroactively under subsection (7) on trading in for consumption prior to the date of initiation.

(8) when the duty return reply imposed on trading subjects, such feedback in return duties shall be charged in accordance with the appropriate amounts in each case on the basis of not berdiskriminasi of all such trade importation into Malaysia from mensubsidikan found a subject that cause harms trading it.

(9) the Provisional Measures and definitive countervailing duties shall only return imposed on trading subjects in for consumption after the time the decision under subsection 9 (1) or 10 (4), as the case may be, comes into operation.


Termination of investigation 11. (1) Notwithstanding any other provision of this Act, an investigation may be terminated at any time if — Duty Takes feedback and Anti-Dumping 25 (a) the petitioner to withdraw the petition;

(b) the existence of changes in the circumstances;
(c) the Government is satisfied that there is no sufficient evidence of pensubsidian or harm to justify the continuation of the investigation;

(d) the amount of subsidy is de minimis or the amount of importation trade subject, actual or possible, or harm, is only a little; or (e) the Government determined that the termination of the investigation was in the public interest.

(2) If a termination pursuant to subsection (1) occurs before the initial determination, the Government shall publish notice of such termination specifying the reasons for the termination.

(3) If a termination pursuant to subsection (1) occurs after the initial determination, the Government shall — (a) terminate any temporary measures referred to in section 9 and release the collateral required by such steps; and (b) publish a notice of termination, stating the reasons for the termination.


Suspension of investigation 12. (1) an investigation can be suspended at any time if the undertaking is received by the Government.

(2) before the menyetuju accept the undertaking, the Government shall determine that — 26 laws of Malaysia ACT 504 (a) the undertaking — (i) will eliminate the subsidies or the effects of harm caused by trading the subject; and (ii) can be effectively monitored; or (b) the undertaking is in the public interest.
(3) the undertaking cannot be requested or accepted unless the Government has made a preliminary affirmative determination on the pensubsidian and harm caused by such pensubsidian and, in the case of undertakings from exporters, have obtained the consent of the exporting Member.

(4) if the undertaking is accepted by the Government after the initial determination, the Government shall — (a) suspend an investigation;
(b) suspend any temporary measures applicable under section 9 and to hold all or part of the collateral required by step

such as Government considers appropriate; and (c) publish a notice stating the reason for suspension of investigation and action under paragraph (b).

(5) Notwithstanding the undertaking is received, the investigation shall be completed upon written request a foreign Government interested or if the Government decides so.

(6) if the Government resolves an investigation pursuant to subsection (5) and makes an affirmative determination, the undertaking shall continue in force force consistent with the provisions of this Act.

(7) if the Government resolves an investigation pursuant to subsection (5) and make a determination of the negative, the undertaking shall lapse, unless the determination of the largely negative due to the existence of the undertaking.
Duty in return Reply and Anti-Dumping 27 (8) If a negative determination referred to in subsection (7) is largely due to the existence of the undertaking, the undertaking can be maintained for a reasonable period consistent with the provisions of this Act.

(8A) the Government can recommend that a price undertaking was given by the exporter or the exporter, but there are no exporters may be required to make such an undertaking.

(8B) the fact that members of the exporter or exporters do not offer a price undertaking, or not agreeing to accept an invitation to do so shall not in any way affect the consideration of it.

(8C) Notwithstanding subsection (8A) and (8B), the Government should be free to determine that a threat of harm are more likely to occur if the importation of the subject trading continued.

(8D) The Government may require any member of the exporter or the exporter from whom undertakings have been accepted to provide, periodically, information relevant to the fulfilment of such undertaking, and to the verification of related information.

(8E) non-compliance with subsection (8D) shall be construed as a violation of the undertaking.

(9) Government can restart an investigation suspended at any time if it determines that the undertaking is received under subsection (1) no longer meets the requirements of subsection (2) or the availability of material violations are undertaking it.

(10) if the Government restart an investigation pursuant to subsection (9), it shall take action fast to — (a) (Cut by the Act A1046);
28 laws of Malaysia ACT 504 (b) using temporary measures in accordance with section 9 if appropriate; and (c) make a final determination in accordance with section 10.
(11) the Government can make use of the facts available with regard to any determination under subsection (10) if material violation of undertaking occurs.

(12) in matters referred to in subsection (9), the Government may impose duty in return reply in accordance with section 10 on trading the subject imported into Malaysia within ninety days prior to the adoption of temporary measures under subsection (10): provided that such retroaktif assessment shall not apply to the subject merchandise imported before the violation.


Duration of 12A duty. Duty in return reply imposed under this Act shall remain in force only as long as and to the extent necessary to overcome the pensubsidian that cause harm.


Review of Administration 13. (1) whenever a stakeholders to provide information to the Government, or the Government otherwise got information, that — (a) the amount of subsidy has changed substantially;
(b) the imposition of a duty in return reply is no longer necessary;
(c) undertaking no longer necessary or should be altered;
(d) duties in return reply or undertaking which is required to be terminated in accordance with subsection (6) should be retained; or (e) the administrative review was in the public interest, in return Duties and Anti-Dumping Countervailing 29 the Government may conduct a review of the Administration provided that no administrative review can be carried out unless the prescribed period has expired.

(2) if the Government decided to conduct an administrative review under subsection (1), the Government shall — (a) publish a notice of the initial administrative review; and (b) to carry out the review, by giving the relevant stakeholders the opportunity to comment.

(3) any administrative review conducted pursuant to subsection (2) shall be completed within the specified period.

(4) when the Administration review is complete, the Government shall publish a final administrative review determination stating the reasons for its determination that.

(5) any determination made pursuant to subsection (4) shall apply to the subject merchandise imported on or after the date of publication of the administrative review determination.

(6) no duty in return reply may be collected on importation made after five years from the date of pengenaannya, or five years from the date of termination of the latest administrative review under subsection (1) which includes subsidies and harm both, and undertaking shall automatically lapse in respect of importation made after five years from the date of publication of the notice of suspension of the investigation, unless the Government determines , in an administrative review before that date, initiated on its own initiative or upon a request of the Government supported accordingly made by or on behalf of the domestic industry within a reasonable time before the date of termination, that duty or undertaking that is likely to cause 30 laws of Malaysia ACT 504 pensubsidian and harm the continuous or repeated.

(7) the duty return reply imposed accordingly under this Act may remain in force pending the results of the administrative review under this section.

(8) a stakeholders to submit relevant information that supports the need for a review of Administration reserves the right to request an administrative review by the Government to specify one or more than one of the following: (a) whether the continued imposition of the duty is necessary to offset the return reply pensubsidian;

(b) whether harm is likely to be repeated if the duty directly modified or deleted: provided that the period specified in subsection (6) has expired since the imposition of duty takes the final response review of reimbursement


13A. (1) Without prejudice to section 13, an importer may request reimbursement of duties paid in return reply if the importer can show that the amount of subsidies that can be enacted or feedback on which duty has been imposed in return reply have been either eliminated or reduced to a level lower than the level of duty in return reply for the time being in force.

(2) a request for review of reimbursement should be submitted in writing to the Government and shall include — (a) a list of all the subject trade entry into Malaysia for which review a refund is requested; and (b) all relevant evidence to show that the importer is entitled to a refund in respect of each such entry.
Duty in return Reply and Anti-Dumping 31 (3) If, upon review of reimbursement under this section is completed, the Government determined that — (a) the repayment of duty takes feedback, in whole or in part, is fit;

(b) no duty in return reply should have been imposed; or (c) return reply imposed duty higher than the duty return feedback should be imposed in the circumstances, the Government shall repay any amount of duty takes feedback collected as it deems fit.

(4) a refund under subsection (3) shall, to the extent practicable, made within ninety days from the date of determination of the refund review.

(5) a finding in review the repayment that no duty in return reply should have been imposed does not itself require the Government terminate the duty takes the final reply.


Review of accelerated 13B. (1) an exporter or a producer of export trading subjeknya subject to duty in return reply final but that is not actually investigated for reasons other than refusal to cooperate are entitled to review accelerated so that the Government can immediately establish an individual countervailing duty in return for the producer or exporter.

(2) no duty in return reply may be imposed on the importation of the exporters or producers referred to in subsection (1) when a review is in progress.

32 laws of Malaysia ACT 504 (3) Notwithstanding subsection (2), the Government can detain an assessment or request a guarantee to ensure that, in the event of a review under subsection (1) decided by a determination that there is pensubsidian and harm caused by it in respect of export trade subjects into Malaysia by the exporter or producer referred to in subsection (1), duties in return reply may be imposed retroactively to the date of commencement of the review.


Member developing countries 14. Notwithstanding any other provisions of this Act, proceedings against exporters duty takes feedback from producers or members of developing countries in World Trade Organization shall be carried out in the prescribed manner.


PART III the ANTI-DUMPING DUTY imposition of anti-dumping duty 15. (1) no anti-dumping duty may be imposed except in accordance with this Act.

(2) the amount of the anti-dumping duties that are required to apply — (a) shall be equal to the dumping margin determined to exist with respect to the subject merchandise; or (b) if the Government determines that an anti-dumping duty lower is sufficient to eliminate the harm may be the lower duty.


Normal value of 16. (1) for the purposes of this Act, the normal value is the price can appeal actually paid or payable in the ordinary course of trade for similar products sold to Return Duty and Anti-Dumping Countervailing 33 use of the domestic market of the exporting country.

(2) when no sales in the domestic market of the exporting country under subsection (1), or when such sales-sales do not permit a proper comparison, the normal value shall be determined — (a) by comparing the price of similar products can appeal to third country dieksportkan when appropriate provided that prices can appeal reflects the price fit; or (b) by building a trading value of the subject by adding the cost of production in the country of origin plus a reasonable amount for selling expenses, administrative expenses and other general expenses and for profit.

(3) if there is reason to believe or suspect that the sale of similar products under subsection (1) or paragraph (2) (a) shall be at a price below the cost of production per unit (fixed and floating) including sales expenses, administrative expenses and other general expenses, the sale can be calculated has not made in the ordinary course of trade by reason of price and may be waived in determining normal value only if the Government determines that the sale had been made within Advanced time in many and is at a price that does not have provision for income reimbursed all costs within a reasonable time.

(4) if the price of the sale referred to in subsection (3) is higher than the weighted average unit cost for the period of investigation, such prices shall be considered to have provision for cost reimbursement income within a reasonable time.

(5) for the purposes of this section, the amount of sales expenses, administrative expenses and other general expenses and for profits shall be based on actual information related 34 laws of Malaysia ACT 504 with production and sales in the ordinary course of trade similar products by exporters or producers that are being investigated.

(6) if the amount referred to in subsection (5) shall not be determined on the basis set out in that subsection, that amount can be determined for any of the following basis: (a) the weighted average of the actual amounts incurred and obtained by exporters or other producers subject to investigation in respect of production and sales of similar products in the domestic market of the country of origin;

(b) the actual amounts incurred and obtained by the exporters or producers in respect of production and sales of products of the same general category in the domestic market of the country of origin; or (c) any other reasonable method, provided that the amount for profit there shall be

exceeds the profit normally earned by exporters or producers of other top selling products of the same general category in the domestic market of the country of origin.

(7) for the purposes of this section, the production cost shall be calculated on the basis of records kept by the exporter or producer that are being investigated, provided that such records are in accordance with accounting principles generally accepted in the exporting country and reasonably reflect the costs associated with the production and sale of the subject merchandise.

(8) the Government shall consider all available evidence on the proper allocation of costs, including with any evidence provided by the exporter or producer in the course of the investigation, provided that the earmarking of have shown that used by exporters or manufacturers since immemorial, in particular relating to the establishment of the period of amortisation and depreciation periods and allowances should be for capital expenditure and other development costs.


Duty in return Reply and Anti-Dumping Export Price 35 17. (1) the export Price is the price actually paid or payable for merchandise subject.

(2) in the case when there is no export price or where it appears that the export price is unreliable because of exporters and importers or a third party is related, or that there is a permampasan arrangement between exporters and importers or a third party, the export price may be constructed on the basis of price with it the subject merchandise is first resold to an independent buyer , or if the subject trading is not resold to an independent buyer, or if the subject trading is not resold to an independent buyer, or not resold in the condition imported, on any reasonable basis.

(3) if the export prices were constructed as described in subsection (2), all costs incurred between importation and resale shall be taken into account.


Comparison of normal value with export price 18. (1) a fair comparison shall be made between the export price with normal value.

(2) a comparison shall be made at the same level of trade, normally at the factory level, and in respect of sales made as far as possible at the same time and other differences affecting price kebolehbandingan be taken into account accordingly.

(3) if the normal value and the export price as there could not be a basis can appeal, flexibility that should be in the form of adjustments, shall be given in each case, based on kewajarannya, for differences in factors which are claimed, and demonstrated, affect prices and kebolehbandingan prices.
36 laws of Malaysia ACT 504 (4) if the determination of the export price under subsection 17 (2) touch kebolehbandingan price, the Government shall establish the normal value at a level of trade equivalent to the level of trade, export prices were constructed, or shall give appropriate flexibilities as provided under this section.

(5) in the case when the subject trading was not imported directly from the country of origin but dieksportkan from intermediate, the price at which the subject merchandise is sold from the exporting country to Malaysia should be compared with the price in the exporting country can appeal.

(6) Notwithstanding subsection (5), a comparison can be made with the price in the home country if — (a) the subject is only transferred through trade of the exporting country;

(b) trading the subject is not produced in the exporting country; or (c) there is no price can appeal for trades subject in the exporting country.

(7) if the exporter or importer to claim adjustment under subsection (3), the exporter or importer shall prove that the claim is justified.

(8) the Government shall inform the relevant information necessary to ensure a fair comparison.


Trading the subject of economical non-market 19. If country of origin is a State subject trading economical non-market, normal value shall be determined in the prescribed manner.




Duty in return Reply and Anti-Dumping 37 initiation 20. (1) the Government can initiate an investigation to determine the existence, extent and effect of any alleged dumping when submitted a petition in writing by or on behalf of the domestic industry that produce similar.

(2) a petition under subsection (1) shall contain such information as may be prescribed and shall include sufficient evidence of dumping and injury and of the relationship between the importation of trading subjects reasoned with the harm alleged.

(3) after a petition under subsection (1) is received but before action continued under subsection (4), the Government shall notify the Government of the exporting country of receipt of the petition.

(4) the Government shall, within the period prescribed, examine the petition and the information and other evidence available to determine whether — (a) the evidence sufficient to justify the initiation;

(b) there is a level of support for or opposition to the petition is sufficient as specified by the industry in the State; and (c) an investigation is in the public interest.

(5) a petition under subsection (1) shall be rejected immediately if the Government is satisfied that — (a) there is no sufficient evidence of either dumping or of injury to justify the commencement of an investigation of anti-dumping duties, such as but not limited to the case when dumping margin is de minimis 38 laws of Malaysia ACT 504 or when the amount of importation trade subject, real or may , or harm, is only a little; or (b) an investigation is not in the public interest.
(6) if the Government rejects a petition under subsection (5), the Government shall, as soon as practicable, inform the petitioners in writing of its determination not to start an investigation.

(7) Notwithstanding subsection (1) the Government may, in special circumstances, initiate an investigation of the anti-dumping duty on its own will without receiving a written petition by or on behalf of the domestic industry for the initiation of such if the Government has sufficient evidence of

each item specified in subsection (2).

(8) if the Government decided to begin an investigation under subsection (1) or subsection (7), the Government shall notify the relevant stakeholders and publish notice of initiation.

(9) the evidence of both dumping and injury shall be considered simultaneously in the decision on whether to start an investigation and then along the way of the investigation, starting on a date not later than the earliest date of temporary measures applicable.

(10) the Government cannot disclose any petition made under this section unless the Government has decided to launch an investigation.


Amendment to petition for 21. A petition requesting a investigation of anti-dumping duty is started may be amended subject to such conditions as it deems fit by the Government.




Duty in return Reply and Anti-Dumping investigation period 39 22. The Government should be putting an end to an investigation of anti-dumping duties within the stipulated time.


Reasoned relationship and 22A. (1) determination of harm for the purposes of an anti-dumping duty investigation under this Act shall be based on evidence and shall involve examining objectively both total importation trade subjects and trade effects at a price in the market place subject in the State for similar products and the effects arising from the importation at domestic producers of such products.

(2) for the purposes of this Act, must be that trade subject, through the effects of dumping, causing injury.

(3) the designation of the relationship between trade subjects with reasoned harm to the domestic industry shall be based on examination of all the evidence in question is with the Government.

(4) the Government shall also examine any known factors other than the subject of the trade at the same time is detrimental to domestic industry and harm caused by these other factors shall not be deemed to be caused by trading subject.

(5) the determination of threat of material injury shall be based on facts and not merely on allegations, terkaan or chances are thin.

(6) in making a determination regarding the existence of a threat of material harm, the Government shall consider any factors that may be prescribed.
40 laws of Malaysia ACT 504 (7) in the case when the harm threatened by trade subject, the imposition of anti-dumping measures shall be considered and decided with special attention.


Early determination of dumping and injury 23. (1) the Government shall, within the period prescribed, make a determination early on — (a) whether a dumping margin exists in respect of trading subjects and the dumping margin; and (b) whether harm is found to exist according to any one of the following ways: (i) trade subject, through the effects of dumping, are causing material injury to the industry in State in Malaysia that produce similar;

(ii) trade subject, through the effects of dumping, are threatening to cause material injury to the domestic industry in Malaysia to produce similar;
or (iii) trading subjects, through the effects of dumping, are causing the material to the establishment of such an industry kerencatan in Malaysia.

(2) if the Government made a determination early negative about subsection (1), ía shall publish a notice stating the reasons for the negative determination of and — (a) continue the investigation; or (b) terminate the investigation if it thinks fit by the Government.

(3) if the Government made a determination early affirmative about subsection (1), it shall proceed with the investigation and publish a notice of Return feedback and Duty — Anti-Dumping 41 (a) the initial determination is affirmative, stating the reasons for its determination in respect of paragraph (1) (a) and (b); and (b) temporary measures applicable.

The temporary step 24. (1) the Government shall use temporary trade measures on the subject imported into Malaysia on or after publication of the notice of preliminary affirmative determination if the Government determines that such steps were needed to prevent the occurrence of harm referred to in paragraph 23 (1) (h) during the period of investigation.

(2) the temporary Measure shall be in the form of anti-dumping duties while guaranteed by collateral equal to the estimated dumping margin amount that is determined under subsection 23 (1).

(3) temporary Measures imposed under this section shall not exceed the specified period.


The final determination of dumping and harms 25. (1) the Government shall, within the period prescribed, make the ultimate determination as to — (a) whether the dumping margin exists with respect to the subject and dumping margin trading is; and (b) whether harm is found to exist according to any one of the following ways: (i) trade subject, through the effects of dumping, are causing material injury to the domestic industry, in Malaysia the 42 laws of Malaysia ACT 504 produce similar;

(ii) trade subject, through the effects of dumping, are threatening to cause material injury to the domestic industry in Malaysia to produce similar;
or (iii) trading subjects, through the effects of dumping, are causing the material to the establishment of such an industry kerencatan in Malaysia.

(2) the Government shall, before making a final determination, inform all stakeholders about the essential facts under consideration which form the basis for the decision whether to apply definitive measures.

(2A) a disclosure under subsection (2) shall be made in sufficient time for all stakeholders to defend its interest.

(3) if the Government makes a final determination is negative about subsection (1), it shall be — (a) terminate the investigation;
(b) terminate the temporary measures applicable under section 24, and release the collateral required by such steps; and (c) publish a notice of the final determination is negative, stating the reasons for the determination of the downside.

(4) if the Government makes a final affirmative determination on subsection (1), it shall be —


(a) publish a notice of final affirmative determination stating the reasons for the determination of afirmatifnya, the anti-dumping duty applicable and trading subjects for which anti-dumping duties that apply;

(b) impose anti-dumping duties in the amount of duty Takes feedback and Anti-Dumping 43 determined in accordance with subsection 15 (2) on trading subjects imported into Malaysia on or after the date of publication of the final determination; and (c) impose anti-dumping duties in accordance with subsection (5) and (6) on imports into Malaysia for which temporary measures apply.

(4A) if the final affirmative determination has been made, the Government can take into account the public interest in determining whether to impose anti-dumping duties and the amount of the duty.

(5) the Government shall impose anti-dumping duties on trading subjects against whom provisional measures apply if — (a) the Government material harm makes a determination under subparagraph (1) (b) (i); or (b) the Government made a determination of threat of material harm under subparagraph (1) (b) (ii), it found that, in the absence of steps in the meantime, the subject of trade will result in a finding of material injury under subparagraph (1) (b) (i).

(5A) Notwithstanding subsection (5), if a determination of threat of injury or material made kerencatan but no harm has occurred, anti-dumping definitive duty may be imposed only from the date of the determination of the existence of a threat of harm or kerencatan material, and any collateral put forward during the period of imposition of provisional measures shall be released immediately.

(6) in respect of the imposition of anti-dumping duty under subparagraph (5) — (a) if the anti-dumping duty is higher than the amount guaranteed by collateral required under temporary measures, only the amount equal to 44 laws of Malaysia ACT 504 of the security shall be charged; and (b) if the anti-dumping duty is less than the amount guaranteed by collateral required under temporary measures, the full amount of the anti-dumping duty shall be imposed and the excess of the security shall be replace or discharge.

(7) Notwithstanding subsection (4) and (5), the Government may impose an anti-dumping duty on the subject trading imported into Malaysia within ninety days prior to the adoption of temporary measures if — (a) the Government found difficult to harm repaired;
(b) the harm that is caused by a massive importation of the subject trading within a very short time; and (c) the existence of a history of dumping which caused the harm, or the importer aware or should have been aware that the exporter practises dumping and that such dumping would cause injury.

(7A) no anti-dumping duty may be imposed retroactively under subsection (7) on trading in for consumption prior to the date of initiation.

(8) when the anti-dumping duty imposed on trading subjects, such anti-dumping duty shall be imposed in accordance with the appropriate amounts in each case on the basis of not berdiskriminasi of all such trade importation into Malaysia from other countries found the week trading the subject that caused the harm.

(9) the Provisional Measures and definitive anti-dumping duty shall only apply to the trading subjects in for use after the time the decision under subsection 24 (1) or 25 (4), as the case may be, comes into operation.




Duty in return Reply and Anti-Dumping Investigation Termination 45 26. (1) Notwithstanding any other provision of this Act, an investigation may be terminated at any time if — (a) the petitioner to withdraw the petition;
(b) the existence of changes in the circumstances;
(c) the Government is satisfied that there is no sufficient evidence of dumping or injury to justify the continuation of the investigation;

(d) the margin of dumping is de minimis or the amount of importation trade subject, actual or possible, or harm, is only a little; or (e) the Government determined that the termination of the investigation was in the public interest.

(2) If a termination pursuant to subsection (1) occurs before the initial determination, the Government shall publish notice of such termination specifying the reasons for the termination.

(3) If a termination pursuant to subsection (1) occurs after the initial determination, the Government shall — (a) terminate any temporary measures referred to in section 24 and release the collateral required by such steps; and (b) publish a notice of termination specifying the reasons for the termination.




46 laws of Malaysia ACT 504 suspension of investigation 27. (1) an investigation can be suspended at any time if the undertaking price is received by the Government.

(2) before the menyetuju accept the undertaking price, the Government shall ensure that — (a) the price undertaking — (i) dumping margins will delete or the effects of harm caused by trading the subject; and (ii) can be effectively monitored; or (b) the price undertaking was in the public interest.
(3) the undertaking price cannot be requested or accepted from exporters unless the Government has made a preliminary affirmative determination of dumping and injury caused by such dumping.

(4) if the undertaking price is received by Government after the initial determination, the Government shall — (a) suspend the investigation;
(b) suspend any temporary measures applicable under section 24 and to hold all or part of the collateral required by such steps as may be deemed appropriate by the Government; and (c) publish a notice stating the reason for the suspension of the investigation and actions under paragraph (b).

(5) Although the price undertaking is received, the investigation shall be settled upon written request exporters or if the Government decides so.

(6) if the Government resolves an investigation pursuant to subsection (5), Takes Duty and Anti-Dumping Response 47 and make an affirmative determination, the price undertaking shall remain in force consistent with the provisions of this Act.

(7) if the Government resolves an investigation pursuant to subsection (5),

and make a determination of the negative, the price undertaking shall lapse, unless the determination of the largely negative due to the existence of the price undertaking.

(8) If a negative determination referred to in subsection (7) is largely due to the existence of a price undertaking, the undertaking prices that can be maintained for a reasonable period consistent with the provisions of this Act.

(8A) the Government can recommend that a price undertaking was given by the exporter, but there are no exporters may be required to make such an undertaking.

(8B) the fact that exporters do not offer a price undertaking, or not agreeing to accept an invitation to do so shall not in any way affect the consideration of it.

(8C) Notwithstanding subsection (8A) and (8B), the Government should be free to determine that a threat of harm are more likely to occur if the importation of the subject trading continued.

(8D) The Government may require any exporter from whom a price undertaking te1ah accepted to provide, periodically, information relevant to the fulfilment of such undertaking, and to the verification of related information.

(8E) non-compliance with subsection (8D) shall be construed as a violation of the undertaking prices.

(9) Government can restart an investigation hangs on bi1a at any time if it determines that the undertaking 48 laws of Malaysia ACT 504 price is received under subsection (1) no longer meets the requirements of subsection (2) or there is a material violation of the undertaking are the prices.

(10) if the Government restart an investigation pursuant to subsection (9), it shall take prompt action to — (a) (Cut by the Act A1046);
(b) the use of temporary measures in accordance with section 24 if appropriate; and (c) make a final determination in accordance with section 25.
(11) the Government can make use of the facts available with regard to any determination under subsection (10) if material violation are undertaking price occur.

(12) in the case referred to in subsection (9), the Government may impose an anti-dumping duty in accordance with section 25 on trading the subject imported into Malaysia within ninety days prior to the adoption of temporary measures under subsection (10): provided that such retroaktif assessment shall not apply to the subject merchandise imported before the violation.


The duration of duty 27A. Anti-dumping duties imposed under this Act shall remain in force only as long as and to the extent necessary to counteract dumping which is causing injury.


Review of Administration 28. (1) whenever a stakeholders to provide information to the Government, or the Government of otherwise gain information, that — (a) the margin of dumping has changed substantially;
Duty in return Reply and Anti-Dumping 49 (b) (Cut by the Act A1046);
(c) the imposition of anti-dumping duty is no longer necessary;
(d) undertaking no longer necessary or should be altered;
(e) the anti-dumping duty or undertaking which is required to be terminated in accordance with subsection (6) should be retained; or (f) the administrative review was in the public interest, the Government may conduct a review of Administration: provided that no administrative review can be carried out unless the prescribed period has expired.

(2) if the Government decided to conduct an administrative review under subsection (1), the Government shall — (a) publish a notice of the initial administrative review; and (b) to carry out the review, by giving the relevant stakeholders the opportunity to comment.

(3) any administrative review conducted pursuant to subsection (2) shall be completed within the specified period.

(4) when the Administration review is complete, the Government shall publish a final administrative review determination stating the reasons for its determination that.

(5) any determination made pursuant to subsection (4) shall apply to the subject merchandise imported on or after the date of publication of the administrative review determination.
50 laws of Malaysia ACT 504 (6) no anti-dumping duty collected on importation can be made after five years from the date of pengenaannya, or five years from the date of termination of the latest administrative review under subsection (1), covering dumping and harms both, and undertaking shall automatically lapse in respect of importation made after five years from the date of publication of the notice of suspension of the investigation , unless the Government determines, in an administrative review before that date, initiated on its own initiative or upon a request of the Government supported accordingly made by or on behalf of the domestic industry within a reasonable time before the date of termination, that duty or undertaking that is likely to cause harm and dumping continued or repeated.

(7) the anti-dumping Duty imposed accordingly under this Act may remain in force pending the results of the administrative review under this section.

(8) a stakeholders to submit relevant information that supports the need for a review of Administration reserves the right to request an administrative review by the Government to specify one or more than one of the following: (a) whether the continued imposition of anti-dumping duty is necessary to offset dumping;

(b) whether harm is likely to be repeated if the duty directly modified or deleted: provided that the period specified in subsection (6) has expired since the imposition of definitive anti-dumping duty on it.


Review of repayment 28A. (1) without prejudice to section 28, an importer may request reimbursement of anti-dumping duty paid if the importer can show that the dumping duty based on it has imposed anti-dumping duties have been either eliminated or reduced to a level lower than the level of the anti-dumping duty in force.
Duty in return Reply and Anti-Dumping 51 (2) a request for review of reimbursement should be submitted in writing to the Government and shall contain —


(a) a list of all the subject trade entry into Malaysia for which review a refund is requested; and (b) all relevant evidence to show that the importer is entitled to a refund in respect of each such entry.

(3) If, upon review of reimbursement under this section is completed, the Government determined that — (a) reimbursement of anti-dumping duties, in whole or in part, is fit;

(b) there are no anti-dumping duty should have been imposed; or (c) the anti-dumping duty imposed is higher than the anti-dumping duty that should, in the circumstances, the Government shall repay any amount of anti-dumping duties collected as it deems fit.

(4) a refund under subsection (3) shall, to the extent practicable, made within ninety days from the date of determination of the refund review.

(5) a finding in review the repayment that no anti-dumping duty should have been imposed does not itself require the Government terminate the anti-dumping duty the final.



52 laws of Malaysia ACT 504 review accelerated 28B. (1) an exporter or a producer of export trading subjeknya subject to anti-dumping duty definitive but that is not subject to Malaysia mengeksportkan trading during the period of investigation are entitled to review accelerated so that the Government can immediately establish the rate of the anti-dumping duty for individual exporters or producers that, provided that the exporter or producer can show that the exporter or producer that has nothing to do with any of the exporters or producers in the exporting country which are subject to anti-dumping duties on trading subjects.

(2) no anti-dumping duty can be imposed on the importation of the exporters or producers referred to in subsection (1) when a review is in progress.

(3) Notwithstanding subsection (2), the Government can detain an assessment or request a guarantee to ensure that, in the event of a review under subsection (1) decided by a determination that there is dumping and injury caused by it in respect of export trade subjects into Malaysia by the exporter or producer referred to in subsection (1), anti-dumping duty may be imposed retroactively to the date of commencement of the review.


Anti-dumping action on behalf of third Countries 29. (1) the Government can start anti-dumping duty investigation on behalf of a third country upon written request for anti-dumping action was received from the Government of a third country.

(2) the Request referred to in subsection (1) shall be supported by price information to show that the importation of dilambakkan and by detailed information to show that the alleged dumping is causing injury to the domestic industry concerned in the third country.

(3) the Government of the third country shall give all such assistance to the Government to obtain any further information Feedback in return Duties and Anti-Dumping Investigation 53 necessary for that.

(4) in considering a request under this section, the Government shall consider the effects of the alleged dumping on the industry concerned as a whole in the third country.

(5) the decision whether to carry out the investigation of anti-dumping duties on behalf of a third country shall be the sole Government.

(6) if the Government decided to start an anti-dumping duty investigation under this section, the Government shall obtain the approval of the Council for trade in goods, the World Trade Organization before starting the investigation.


PART IV administration 30. ADMINISTRATIVE Matters (1) any sign on the petition submitted under part II and III shall be submitted to the Minister.

(2) subject to the provisions of this Act, any act which sign carried out or taken under this Act shall be carried out or taken by any person or any officer authorized in writing in that behalf by the Minister.

(3) any finding of an investigation, either for the purpose of determination of the initial or final, or a systematic review, under this Act, shall be submitted to the Minister.

(4) the Minister shall make recommendations to the Minister of finance who shall make a determination or decision.

54 laws of Malaysia ACT 504 (5) collection of any duty in return reply or anti-dumping duties imposed under this Act shall be conducted by a customs officer.

(6) if any question arises as to whether any particular product is or is not included in any notification given under this Act, the question shall be referred to the Minister who shall decide the matter.


Protection officers and persons acting under the direction of officials 31. No action or prosecution can be brought, instituted or maintained in any court against any person or officer authorized under this Act to or due to or in respect of any action ordered or performed for the purpose of enforcing this Act, and no suit or prosecution can be brought in any court against any person for or for or in respect of any act done or purporting to be done under an order , directions or instructions of any such Officer or person if the action carried out in good faith and with a reasonable belief that such action is necessary for the purposes that are intended to be achieved by it.

32. (Cut by the Act A1046).


Regulations in respect of the area set out 33. The Minister of finance may, with respect to the specific areas set out in the regulations made under this section, make special provisions to regulate the stated area for the purposes of this Act.


Application of Customs Act 1967 34. (1) this Act shall be construed together with the Customs Act 1967.

Duty in return Reply and Anti-Dumping 55 (2) in the event of any inconsistencies between the provisions of the Customs Act 1967 and the provisions of this Act, the provisions of this Act shall apply.


Judicial review 34A. (1) an interested party who is not satisfied or

aggrieved by the Government's decision in respect of a final determination or a final administrative review determination under this Act has the right to refer the matter to the High Court for judicial review in accordance with the rules of Court rules 53 2012 [P.U. (A) 205].

(2) a request for judicial review shall be filed in the High Court within thirty days after publication of the final determination or final administrative review determination in question.

(3) a request for judicial review cannot be filed in the High Court unless the determination of final or ultimate administrative review determination have been published by the Government in accordance with this Act.

(4) Notwithstanding Rules 53 subrule 1 (5) of the rules of the High Court 1980, of a request for judicial review in the High Court cannot prevent the Government collect duty takes feedback or anti-dumping duties imposed under any final determination or final administrative review determination.








56 laws of Malaysia ACT 504 part V GENERAL Assessment collectively 35. (1) if the importation of the subject merchandise from more than one country are simultaneously subject to countervailing duty investigations in return or anti-dumping duties, the Government began assessing the impact of the importation be cumulatively.

(2) subsection (1) shall apply only if the Government determines — (a) that the amount of subsidy or the margin of dumping established in relation to the imports from each country is more than de minimis;

(b) that the importation of the subject merchandise from each country is not only a little; and (c) that the cumulative impact assessment in the subject of the trade was importation should be given the competition between trading subjects, and the State of competition between trading subjects with similar domestic product.


A false statement is 36. Any information provided that is false or inaccurate material basis shall be deducted without prejudice to any penalties which may apply under regulations made under this Act or any other written law.


Anti-circumvention measures 37. The Government can take action to prevent circumvention of the application of duty takes feedback and anti-dumping as may be prescribed.


Duty in return Reply and Anti-Dumping 57 notice of information and opportunity to produce evidence 38. (1) the Government shall give a copy of the notice of the information required from members and all stakeholders that their issue is a matter for investigation under this Act to the members and stakeholders and shall give members and stakeholders the opportunities within the stipulated time to present in writing all evidence which in its consideration regarding the investigation.

(2) once the investigation started, the Government shall provide the full text of the written petition received under subsection 4 (1) or 20 (1), as the case may be, to the known exporters and exporting Members and shall provide them, when requested, to other stakeholders involved, giving proper attention to the protection of confidential information.

(3) subject to the requirements of that protected confidential information, evidence presented in writing by any member of the interested persons or interested party shall be made available immediately to interested Members or other stakeholders who are involved in the investigation.


(4) the Government shall, when practicable, provide timely opportunities for all interested Members and interested parties to see all information with respect to the submission of the case provided that such information is not confidential and the information used by the Government in the investigation.


Confidential information 39. (1) any information in terms of its nature is confidential, or 58 laws of Malaysia ACT 504 any information provided on the basis of secrecy to the Government, shall be good reason shown, calculated as confidential by the Government.

(2) the confidential nature of a document cannot be used as a reason to refuse to provide it to the Government.

(3) the Government shall be responsible for ensuring the confidentiality of such documents.

(4) confidential information cannot reveal without written permission of specific from the submitting the confidential information.

(5) the Government shall require the party to provide a summary of the confidential information is not confidential with enough detail to enable reasonable understanding will fill out the confidential information.

(6) if such parties indicate that such information is not easily summarized, a statement of the reasons why peringkasan could not be made shall be given.

(7) the Government can ignore information given if — (a) the Government found that a request for confidentiality under subsection (1) is not appropriate and the information providers however are still not willing to disclose this information or to authorize its disclosure in general or summary form unless demonstrated from appropriate sources until the Government is satisfied that the information is correct.

(b) a summary of the confidential not required under subsection (5) is not enough its details; or (c) the reasons for not giving a summary is not confidential under subsection (6) shall not be deemed to be adequate and the party providing information is however still refused to give a summary is not confidential.
Duty in return Reply and Anti-Dumping 59 Verification information 40. The Government may decide to verify the accuracy of any information submitted during the investigation or administrative review in the prescribed manner.


The use of facts available 41. If any interested party refuses access to, or otherwise does not provide, necessary information within a reasonable or substantially hinder the investigation or review, including refusing to allow verification of its information, the initial and final determination in the investigation or review under this Act shall be made on the basis of the facts available include facts contained in the petition received at the

under subsection 4 (1) or 20 (1), as the case may be.


Other practices that are found during the investigation of 42. If in the course of an investigation the Government find a practice that turns out as subsidies or dumping, but not included in the matters alleged in the petition, then the Government may, if sufficient time, investigate the practice.


Conduct investigations if there is no applicable international obligations 43. (1) if there is no applicable international obligations regarding duty takes feedback and anti-dumping duties exist between Malaysia and the foreign government stakeholders — (a) duty takes feedback and anti-dumping duties can be imposed regardless of the investigation referred to in section 4 and 20; and 60 laws of Malaysia ACT 504 (b) the Government shall be entitled to use any definition, methods and administrative procedures and laws that it considers appropriate regarding the investigation.

(2) when using the provisions of subsection (1), consideration shall be given to the laws and regulations of foreign Governments of interest and application of the law and the rule to Malaysia's exports.


Evacuation ships 44. In the case where trading was not imported into Malaysia directly from the country of origin but are exported to Malaysia from an intermediate country, the provisions of this Act shall apply and the transaction, for the purposes of this Act, shall be considered to have been made between the country of origin with Malaysia.


Publication of notice 45. All notices required to be published under this Act shall be published in the Gazette, unless specified otherwise.


Calculation of twice is not allowed 46. No trades may be subject to both duty takes feedback and anti-dumping duties to offset the same conditions for dumping or pensubsidian.


Customs clearance cannot be prevented 47. Any investigation undertaken under this Act cannot prevent the procedures for customs clearance.


Public servants 48. Any person acting for and on behalf or in Duty Takes feedback and Anti-Dumping under Government instructions 61 under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].


Obligation of secrecy 49. (1) No person shall have access to any statement, accounts, records, correspondence, documents, information or any other materials in accordance with the provisions of this Act may disclose a statement, accounts, records, correspondence, documents, information or other material to any other person unless — (a) the disclosure is authorized by the Minister; or (b) the disclosure is made for the purposes of this Act.
(2) any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.


The power to make regulations 50. (1) the Minister may make such regulations as may be necessary or expedient to give full effect to the provisions of this Act, to carry out the purposes of this Act or any of its provisions, or for the implementation of the provisions of this Act with more, good and easy.

(2) without prejudice to the generality of subsection (1), regulations may be made — (a) to set the period of time for any action taken under this Act;

62 laws of Malaysia ACT 504 (b) to provide for extension of time for any action is taken and the circumstances when the extension may be granted;

(c) to provide for the form and content of notice required for the purposes of this Act and the procedures relating to the giving of the notice;

(d) to provide for anti-permintasan;
(e) to provide for procedures for investigation, review and appeal;

(f) to provide for any fees required to be imposed in respect of any matter or thing required for the purposes of this Act;

(g) to provide the form of undertaking that can be is received by the Government and procedures related to it; and (h) to provide for all matters required to be prescribed or as are necessary or expedient to give effect to this Act.

(3) Regulations under this section — (a) may provide that any act or omission by any berlanggaran assign it became an offence; and (b) may be allocated for the imposition of a penalty not exceeding three hundred thousand dollars for such offences.


The abolishment of the Customs Act (Dumping and Subsidies) 1959 51. Customs Act (Dumping and Subsidies) Act 1959 is hereby repealed.




63 laws of MALAYSIA Act 504 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 LIST AMENDMENT of laws that amend the short title of the Act in force Duty in return Reply A1046 Act and Anti-Dumping (Amendment) 1993 01-12-1999 64 laws of MALAYSIA Act 504 ACT DUTY TAKES FEEDBACK and ANTI-DUMPING 1993 LIST SECTION AMENDED Section Power amend with effect from 2 Act A1046 01-12-1999 Part 1A Act A1046 01-12-1999 3 Act A1046 01-12-1999 4 01-12-1999 5 Act Act A1046 A1046 01-12-1999 7A Act A1046 01-12-1999

8 Act A1046 01-12-1999 10 Act A1046 01-12-1999 11 01-12-1999 12 Act Act A1046 A1046 01-12-1999 12A Act A1046 01-12-1999 13 Act A1046 01-12-1999 13A 13B Act Act A1046 01-12-1999 A1046 01-12-1999 14 01-12-1999 15 Act Act A1046 A1046 01-12-1999 16 Act A1046 01-12-1999 17 01-12-1999 18 Act Act A1046 01-12-1999 Duty Return A1046 feedback and Anti-Dumping Authority amend Section 65 in force from 20 Act A1046 01-12-1999 22A Act A1046 01-12-1999 23 Act A1046 01-12-1999 25 Act A1046 01-12-1999
26 Act A1046 01-12-1999 27 Act A1046 01-12-1999 27A Act A1046 01-12-1999 28 Act A1046 01-12-1999 28A Act A1046 01-12-1999 29 01-12-1999 30 Act Act A1046 A1046 01-12-1999 32 Act A1046 01-12-1999 34A Act A1046 01-12-1999 35 Act A1046 01-12-1999 38 01-12-1999 39 A1046 A1046 Act Act Act A1046 01-12-1999 40 01-12-1999 41 01-12-1999 47 Act Act A1046 A1046 01-12-1999 50 Act A1046 01-12-1999