Malaysia legislation

Section 22A

of *COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993

Section 22A

Injury and causal link

(2)

For the purposes of this Act, it shall be demonstrated that the subject merchandise is, through the effects of dumping, causing injury.

(3)

The demonstration of a causal relationship between the subject merchandise and the injury to the domestic industry shall be based on

Countervailing and Anti-Dumping Duties 39

an examination of all relevant evidence available to the Government.

(4)

The Government shall also examine any known factors other than the subject merchandise that at the same time are injuring the domestic industry and the injuries caused by these other factors shall not be attributed to the subject merchandise.

(5)

A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility.

(6)

In making a determination regarding the existence of a threat of material injury, the Government shall consider such factors as may be prescribed.

(7)

In cases where injury is threatened by the subject merchandise, the application of anti-dumping measures shall be considered and decided with special care.

Preliminary determination of dumping and injury