2C. Actionable subsidy

Terms defined in this Act

• domestic industry

  domestic industry

  Defined · s 2

  “domestic industry” means— (a) the domestic producers as a whole of the like product; (b) the domestic producers whose collective output of the like product constitutes a major proportion of the total domestic production of the like product; or (c) where appropriate, the regional producers of the like product: Provided that when any of the producers referred to in paragraphs (a), (b) and (c) are related to the exporters or importers, or are themselves importers of the subject merchandise or, in relation to Part II, are importers of a like product from other countries, the expression “domestic industry” may be construed as referring to the rest of the producers referred to in paragraph (a), (b) or (c), as the case may be, other than such related producers or producers who are importers;

  Open s 2
• General Agreement on Tariffs and Trade 1994

  General Agreement on Tariffs and Trade 1994

  Defined · s 2

  “General Agreement on Tariffs and Trade 1994” means the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the World Trade Organization Agreement;

  Open s 2
• injury

  injury

  Defined · s 2

  “injury” means material injury or threat of material injury to the domestic industry or material retardation of the establishment of such an industry;

  Open s 2
• subsidy

  subsidy

  Defined · s 2A

  “subsidy”, in relation to merchandise that is imported into Malaysia, means— (a) a financial contribution by a government or a public body, or by a private body entrusted or directed by the government or public body to carry out a governmental function, that is made in connection with the production, manufacture or export of the merchandise and that involves one or more of the following: (i) a direct transfer of funds from the government or public body or private body to the enterprise by whom the merchandise is produced, manufactured or exported (after this referred to as “the enterprise”); (ii) a potential direct transfer of funds from the government or public body or private body to the enterprise contingent on the occurrence of particular circumstances; (iii) the acceptance of liabilities, actual or potential, of the enterprise by the government or public body or private body; (iv) the forgoing, or non-collection, of revenue (other than an allowable exemption or remission) due to the government or public body or private body from the enterprise; (v) the provision by the government or public body or private body of goods or services to the enterprise other than general infrastructure; (vi) the purchase by the government or public body or private body of goods provided by the enterprise; (vii) the making of payments to a funding mechanism by the government or public body; or (b) any form of income or price support as specified in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from a government or public body, if that financial contribution or income or price support confers a benefit in relation to the merchandise. Prohibited subsidy

  Open s 2A
• World Trade Organization Agreement

  World Trade Organization Agreement

  Defined · s 2

  “World Trade Organization Agreement” means the Marrakesh Agreement Establishing the World Trade Organization done at Marrakesh on 15 April 1994.

  Open s 2