Malaysia legislation
Section 27
Section 27
(2)
Before accepting the price undertakings, the Government shall determine that —
(a)
the price undertakings —
(i)
will eliminate the dumping margin or the injurious effects caused by the subject merchandise; and
(ii)
can be monitored effectively; or
(b)
the price undertakings are in the public interest.
(3)
Price undertakings shall not be sought or accepted from exporters unless the Government has made a preliminary affirmative determination of dumping and injury caused by such dumping.
(4)
If the price undertakings are accepted by the Government after the preliminary determination, the Government shall—
(a)
suspend the investigation;
(b)
suspend any provisional measures applied under section 24
and release all or part of the security required by such measures as the Government deems appropriate; and
(c)
publish a notice stating the reasons for the suspension of the investigation and actions under paragraph (b).
(5)
Notwithstanding the acceptance of the price undertakings, the investigation shall be completed upon the written request of the exporter or if the Government so decides.
46 Laws of Malaysia ACT 504
(6)
Where the Government completes the investigation pursuant to subsection (5), and makes an affirmative determination, the price undertakings shall remain in effect consistent with the provisions of this Act.
(7)
Where the Government completes the investigation pursuant to subsection (5), and makes a negative determination, the price undertakings shall lapse, except where the negative determination is due in large part to the existence of the price undertakings.
(8)
Where the negative determination referred to in subsection (7) is due in large part to the existence of the price undertakings, the price undertakings may be maintained for a reasonable period consistent with the provisions of this Act.
(8A)
The Government may suggest for price undertakings to be provided by exporters, but no exporter shall be obliged to enter into such undertakings.
(8B)
The fact that the exporters do not offer price undertakings, or do not accept an invitation to do so, shall in no way affect the consideration of the case.
(8C)
Notwithstanding subsections (8A) and (8B), the Government shall be free to determine that a threat of injury is more likely to be realized if the importation of the subject merchandise continues.
(8D)
The Government may require any exporter from whom a price undertaking has been accepted to provide, periodically, information relevant to the fulfilment of such undertaking and to permit verification of pertinent information.
(8E)
Non-compliance with subsection (8D) shall be construed as a breach of the price undertaking.
(9)
The Government may resume a suspended investigation at any time if it determines that the price undertakings accepted under subsection (1) no longer meet the requirements of subsection (2) or
Countervailing and Anti-Dumping Duties 47
there is a material violation of the price undertakings.
(10)
If the Government resumes an investigation pursuant to subsection (9), it shall take expeditious action to—
(a)
(Deleted by Act A1046);
(b)
apply provisional measures in conformity with section 24, if appropriate; and
(c)
make a final determination pursuant to section 25.
(11)
The Government may use the facts available with respect to any determination under subsection (10) where a material violation of the price undertakings occur.
(12)
In the cases mentioned in subsection (9), the Government may impose anti-dumping duties in conformity with section 25 on the subject merchandise imported into Malaysia within a period of ninety days prior to the provisional measures applied under subsection (10):
Provided that such retroactive assessment shall not be applied to subject merchandise imported prior to the violation.
Duration of duty