Section 2

in relation to subsidy means the amount of the subsidy in relation to the imports from the country under investigation is less than one per centum ad valorem; and

in relation to dumping means the margin of dumping is less than two per centum, expressed as a percentage of the export price;

“domestic industry” means—

the domestic producers as a whole of the like product;

the domestic producers whose collective output of the like product constitutes a major proportion of the total domestic production of the like product; or

where appropriate, the regional producers of the like product:

Provided that when any of the producers referred to in paragraphs

, (b) and (c) are related to the exporters or importers, or are themselves importers of the subject merchandise or, in relation to Part

II, are importers of a like product from other countries, the expression

“domestic industry” may be construed as referring to the rest of the producers referred to in paragraph (a), (b) or (c), as the case may be, other than such related producers or producers who are importers;

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

“dumping margin” means the amount by which the normal value of

Countervailing and Anti-Dumping Duties 9

a merchandise exceeds the export price;

“export price” means the export price of a merchandise as determined in accordance with section 17;

“exporting country” means—

the country of export of the subject merchandise; or

in cases where the subject merchandise is not exported directly to Malaysia but is transhipped through an intermediate country—

where the subject merchandise is not substantially transformed in the intermediate country, the country of origin of the subject merchandise;

a producer, exporter or importer of the subject merchandise;

a trade or business association of which a majority of its members are producers, exporters or importers of the subject merchandise;

10 Laws of Malaysia ACT 504

the government of a country in which the subject merchandise is produced or from which it is exported;

a producer of the like product in Malaysia;

a trade or business association of which a majority of its members produce a like product in Malaysia; or

any other party as the Government considers appropriate;

“like product” means a product that is identical or alike in all respects to the subject merchandise or, in the absence of such a product, another product that although not alike in all respects has characteristics closely resembling the subject merchandise;

“Member” means a Member to the World Trade Organization

Agreement;

“Minister” means the Minister responsible for international trade and industry;

“negligible”—

in relation to a countervailing duty action, in the case of a developing country Member, means the volume of imports of the subject merchandise, actual or potential, from a particular developing country Member into Malaysia accounts for less than four per centum of the total imports of the like product unless developing country Members that individually account for less than four per centum of the imports of the like product into Malaysia collectively account for more than nine per centum of the total imports of the like product into Malaysia; and

in relation to an anti-dumping duty action means the volume of imports of the subject merchandise, actual or potential, from a particular country into Malaysia accounts for less than three per centum of the total imports of the like product unless countries that individually account for

Countervailing and Anti-Dumping Duties 11

less than three per centum of the imports of the like product into Malaysia collectively account for more than seven per centum of the total imports of the like product into Malaysia;

“non-market economy country” means any foreign country that the

Government determines operates on a centrally-planned economy and not on market principles of cost or pricing structures or free enterprise economy;

“normal value” means the normal value of a merchandise as determined in accordance with section 16 or 19;

“officer of customs” has the same meaning as is assigned to that expression under section 2 of the Customs Act 1967 [Act 235];

“prescribed” means prescribed by the regulations;

“producer” means a producer, manufacturer or processor;

“provisional measures” means—

in relation to Part II, the requirement to post a security equal to the estimated subsidy found in the preliminary determination; and

in relation to Part III, the requirement to post a security equal to the estimated dumping margin found in the preliminary determination;

“regional producers” means the domestic producers of the like product located in a specific regional market within Malaysia where in exceptional circumstances there are two or more competitive markets within Malaysia for the production in question and in such case, the producers of the like product within each market may be regarded as a separate industry if—

the producers within each market sell all or almost all of

12 Laws of Malaysia ACT 504

their production of the merchandise in question within that market; and

the demand in each market is not to any substantial degree supplied by producers of the merchandise in question located elsewhere in Malaysia;

“subject merchandise” means the class or kind of merchandise imported or sold for importation into Malaysia that is the subject of any countervailing or anti-dumping duty action under this Act, as determined by the Government to be appropriate for establishing the scope of the action;

“undertakings” means undertakings as may be prescribed under section 50;

“World Trade Organization” means the World Trade Organization established by the World Trade Organization Agreement;

“World Trade Organization Agreement” means the Marrakesh

Agreement Establishing the World Trade Organization done at

Marrakesh on 15 April 1994.

(Deleted by Act A1046).

Notwithstanding any other provisions of this Act, the Minister may regard such activities as are recognized under Malaysia’s international obligations to be activities which shall or shall not be subject to action under this Act.

(Deleted by Act A1046).

Parties shall be deemed to be related if—

One party shall be deemed to control another when the firstmentioned party is legally or operationally in a position to exercise restraint or direction over the latter.

PART IA

SUBSIDIES

Subsidy