Malaysia legislation
Section 4
Section 4
(2)
A petition under subsection (1) shall contain such information as may be prescribed and shall include sufficient evidence of the existence of a subsidy and injury and a causal link between the imports of the subject merchandise and the alleged injury.
(3)
The Government shall, within the prescribed period, examine the petition and other available information and evidence to determine whether—
(a)
the evidence is sufficient to justify the initiation of an investigation;
(b)
there is a sufficient degree of support for or opposition to
Countervailing and Anti-Dumping Duties 17
the petition expressed by the domestic industry; and
(c)
an investigation is in the public interest.
(4)
A petition under subsection (1) shall be immediately rejected if the Government is satisfied that—
(a)
there is no sufficient evidence of either subsidization or of injury to justify the initiation of a countervailing duty investigation, such as but not limited to cases where the amount of a subsidy is de minimis or where the volume of imports of the subject merchandise, actual or potential, or the injury, is negligible; or
(b)
an investigation is not in the public interest.
(5)
Where the Government rejects a petition under subsection (4), the Government shall, as soon as practicable, notify the petitioner in writing of its determination not to initiate an investigation.
(6)
Notwithstanding subsection (1) the Government may, in special circumstances, initiate a countervailing duty investigation on its own accord without having received a written petition by or on behalf of the domestic industry for the initiation of such investigation if it has sufficient evidence of each of the matters specified in subsection (2).
(7)
Where the Government decides to initiate an investigation under subsection (1) or (6), it shall notify the appropriate interested parties and publish a notice of initiation of investigation.
(8)
Evidence of both subsidy and injury shall be considered simultaneously in the decision whether to initiate an investigation and after that during the course of the investigation, starting on a date not later than the earliest date the provisional measures may be applied.
(9)
The Government shall not disclose any petition made under this section unless the Government has made a decision to initiate an investigation.
18 Laws of Malaysia ACT 504
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