Malaysia legislation
Section 7
Section 7
(i)
cause or threaten material injury to an established industry in the Federation; or
(ii)
retard materially the establishment of an industry in the Federation, the Yang di-Pertuan Agong shall make no such order if it appears to him that to do so would conflict with the obligations of the Government of the Federation under the provisions for the time being in force of the General Agreement.
(2)
Where, on receiving any representations under subsection (1), the Yang di-Pertuan Agong is satisfied that—
(a)
a prima facie case exists of the dumping or subsidising of goods;
(b)
it is desirable that a duty should be imposed under sub-section (1); and
(c)
it is impossible to establish the export price or fair market price of goods without so much delay as would prejudice the national interest if no duty under sub-section (1) were imposed in the meanwhile:
he may thereupon make an order under sub-section (1) (hereinafter called an "interim order") imposing such duty as is necessary in the opinion of the Yang di-Pertuan Agong temporarily to counteract the effect of such dumping or subsidy:
Provided that as soon as such export price or fair market price, as the case may be, has been established the Yang di-Pertuan Agong may revoke or vary such interim order in such manner as he may consider necessary.
(3)
Any order made under this section shall, at the next meeting of the House of Representatives, be laid on the table of such House and shall, at the expiration of ten days from being so laid, or of such extended period as the House of Representatives may by resolution direct, cease to have effect if and in so far as it is not confirmed by a resolution passed by the House of Representatives within the said ten days or, if such period has been extended, within such extended period.
(4)
Where an order ceases to have effect in whole or in part as provided by sub-section (3), then any duty levied in pursuance of such order or, as the case may be, of such part thereof as ceases to have effect, shall be repayable in accordance with the provisions of the Customs Ordinance, 1952.