Section 28 — AKTA DUTI TIMBAL BALAS DAN ANTI-LAMBAKAN 1993

(a)

the dumping margin has changed substantially;

48 Laws of Malaysia ACT 504

(b)

(Deleted by Act A1046);

(c)

the imposition of an anti-dumping duty is no longer necessary;

(d)

an undertaking is no longer necessary or should be revised;

(e)

an anti-dumping duty or undertaking which is required to be terminated pursuant to subsection (6) should be maintained; or

(f)

an administrative review is in the public interest, the Government may conduct an administrative review:

Provided that no administrative review shall be undertaken unless the period prescribed has lapsed.

(2)

If the Government decides to conduct an administrative review under subsection (1), the Government shall—

(a)

publish a notice of the initiation of an administrative review; and

(b)

conduct such review, allowing appropriate interested parties an opportunity to provide comments.

(3)

Any administrative review conducted pursuant to subsection (2)

shall be completed within such period as may be prescribed.

(4)

On the completion of the administrative review, the

Government shall publish a final administrative review determination, stating the reasons for its determination.

(5)

Any determination made pursuant to subsection (4) shall apply to the subject merchandise imported on or after the date of publication of the administrative review determination.

Countervailing and Anti-Dumping Duties 49

(6)

No anti-dumping duty shall be collected on imports made after five years from the date of its imposition, or five years from the date of the conclusion of the most recent administrative review under subsection (1) that covered both dumping and injury, and undertakings shall automatically lapse with respect to imports made after five years from the date of publication of the notice of suspension of the investigation, unless the Government determines, in an administrative review initiated before that date on the

Government’s own initiative or upon a duly substantiated request made by or on behalf of the domestic industry within a reasonable period of time before that date, that the expiry of the duty or undertaking would be likely to lead to a continuation or recurrence of dumping and injury.

(7)

An anti-dumping duty duly imposed under this Act may remain in force pending the outcome of an administrative review under this section.

(8)

An interested party who submits relevant information substantiating the need for an administrative review shall have the right to request for an administrative review by the Government to determine one or more of the following:

(a)

whether the continued imposition of the anti-dumping duty is necessary to offset dumping;

(b)

whether the injury would be likely to continue to recur if the duty were removed or varied:

Provided that the period specified in subsection (6) has lapsed since the imposition of the definitive anti-dumping duty.

Refund review