Malaysia legislation

Section 3

of CUSTOMS (DUMPING AND SUBSIDIES) ACT 1959

Section 3

For the purposes of this Ordinance, in relation to goods imported into the Federation the export price of such goods from the country in which the goods originated or from which they are exported shall be determined as follows:

(a)

if the Comptroller is satisfied—

(i)

that the goods are imported under a contract of sale which is a sale in the open market between a buyer and seller independent of each other; and

(ii)

as to the price on that sale; and

(iii)

as to such other facts as are material for this purpose, the export price shall be the price on that sale, subject to a deduction for—

(iv)

the

(iv)

the cost of insurance and freight from the port or place of export in the said country to the port or place of import; and (v) any other

(v)

any other costs, charges or expenses incurred in respect of the goods after they left the port or place of export, except in so far as any such costs, charges or expenses have to be met separately by the purchaser; or

(b)

in any other case, the export price shall be determined by the Comptroller by reference to a sale of such goods (or of any goods in which such first-mentioned goods were incorporated) in the open market between a buyer and seller independent of each other.