Malaysia legislation
Section 25
Section 25
(a)
whether a dumping margin exists with regard to the subject merchandise and the margin of such dumping; and
(b)
whether injury is found to exist in any one of the following ways:
(i)
the subject merchandise, through the effects of dumping, is causing material injury to the domestic industry in Malaysia producing the like product;
(ii)
the subject merchandise, through the effects of dumping, is threatening to cause material injury to the domestic industry in Malaysia producing the like product; or
(iii)
the subject merchandise, through the effects of dumping, is causing material retardation of the establishment of such an industry in Malaysia.
(2)
The Government shall, before making a final determination, inform all interested parties of the essential facts under consideration that form the basis for the decision whether to apply definitive measures.
(2A)
A disclosure under subsection (2) shall be made in sufficient time for all interested parties to defend their interests.
(3)
Where the Government makes a negative final determination with regard to subsection (1), it shall—
(a)
terminate the investigation;
(b)
terminate the provisional measures applied under section 24, and release the security required by such measures; and
(c)
publish a notice of the negative final determination, stating
42 Laws of Malaysia ACT 504
the reasons for its negative determination.
(4)
Where the
Government makes an affirmative final determination with regard to subsection (1), it shall—
(a)
publish a notice of affirmative final determination stating the reasons for its affirmative determination, the anti-dumping duties applicable and the subject merchandise on which the anti-dumping duties apply;
(b)
impose anti-dumping duties in the amounts determined in accordance with subsection 15(2) on the subject merchandise imported into Malaysia on or after the date of publication of the final determination; and
(c)
impose anti-dumping duties in accordance with subsections (5) and (6) on imports into Malaysia for which provisional measures were applied.
(4A)
Where an affirmative final determination has been made, the
Government may take into consideration public interest in determining whether to impose anti-dumping duties and the amount of such duties.
(5)
The Government shall impose anti-dumping duties on the subject merchandise against which provisional measures were applied where—
(a)
the Government makes a determination of material injury under subparagraph (1)(b)(i); or
(b)
the Government makes a determination of threat of material injury under subparagraph (1)(b)(ii), it finds that the subject merchandise, in the absence of the provisional measures, would have led to a finding of material injury under subparagraph (1)(b)(i).
(5A)
Notwithstanding subsection (5), where a determination of threat of injury or material retardation is made but no injury has occurred, a definitive anti-dumping duty may be imposed only from
Countervailing and Anti-Dumping Duties 43
the date of the determination of the existence of a threat of injury or material retardation, and any security submitted during the period of the application of provisional measures shall be released immediately.
(6)
With respect to the imposition of anti-dumping duties under subsection (5)—
(a)
where the anti-dumping duty is higher than the amount guaranteed by the security required under the provisional measures, only the amount equal to the security shall be imposed; and
(b)
where the anti-dumping duty is less than the amount guaranteed by the security required under the provisional measures, the full amount of the anti-dumping duty shall be imposed and the excess amount of the security shall be reimbursed or released.
(7)
Notwithstanding subsections (4) and (5), the Government may impose anti-dumping duties on the subject merchandise imported into
Malaysia within a period of ninety days prior to the application of provisional measures if—
(a)
the Government finds injury that is difficult to repair;
(b)
such injury is being caused by massive imports of the subject merchandise in a short period of time; and
(c)
there is a history of dumping which caused injury, or the importer was or should have been aware that the exporter practises dumping and that such dumping would cause injury.
(7A)
No anti-dumping duties shall be imposed retroactively under subsection (7) on merchandise entered for consumption before the date of initiation of the investigation.
(8)
When an anti-dumping duty is imposed on the subject merchandise, such anti-dumping duty shall be imposed in the appropriate amount in each case on a non-discriminatory basis on all
44 Laws of Malaysia ACT 504
imports of such merchandise into Malaysia from the country found to be dumping the subject merchandise causing injury.
(9)
Provisional measures and definitive anti-dumping duties shall only be applied to subject merchandise that enters for consumption after the time when the decision under subsection 24(1) or 25(4), as the case may be, enters into force.
Termination of investigation