Malaysia legislation

Section 13A

of *COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993

Section 13A

Government, or the Government otherwise obtains information, that—

(2)

A request for a refund review shall be submitted in writing to the Government and shall contain—

(a)

a list of all entries of the subject merchandise into

Malaysia for which the refund review is requested; and

(b)

all relevant evidence to show that the importer is entitled to a refund on each such entry.

(3)

Where, on the completion of a refund review under this section, the Government determines that—

(a)

a refund of the countervailing duty, wholly or partly, is appropriate;

(b)

no countervailing duty should have been imposed; or

(c)

the countervailing duty that was imposed is higher than the countervailing duty that should have been imposed in

Countervailing and Anti-Dumping Duties 31

the circumstances, the Government shall refund such amount of the countervailing duty collected as it deems fit.

(4)

A refund under subsection (3) shall, as far as practicable, be made within ninety days from the date of the determination of the refund review.

(5)

A finding in the refund review that no countervailing duty should have been imposed shall not by itself require the Government to terminate the definitive countervailing duty.

Expedited review