Malaysia legislation

Section 8

of *COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993

Section 8

(a)

whether a subsidy is being provided with respect to the subject merchandise and the amount of such subsidy; and

(b)

whether injury is found to exist in any one of the following ways:

(i)

the subject merchandise, through the effects of the subsidy, is causing material injury to the domestic industry in Malaysia producing the like product;

(ii)

the subject merchandise, through the effects of the subsidy, 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 the subsidy, is causing material retardation of the establishment of such an industry in Malaysia.

(2)

If the Government makes a negative preliminary determination with regard to subsection (1), it shall publish a notice stating the reasons for the negative determination and—

(a)

continue the investigation; or

(b)

terminate the investigation if the Government deems fit.

(3)

If the

Government makes an affirmative preliminary determination with regard to subsection (1), it shall continue the investigation and publish a notice of—

(a)

the affirmative preliminary determination, stating the reasons for its determination with respect to paragraphs (1)(a) and (b);

and

(b)

the provisional measures applicable.

Countervailing and Anti-Dumping Duties 21

Provisional measures