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Countervailing and Anti-Dumping Duties Act 1993 · Updated to 1 Jan 2014 · Part V · General

35. Cumulative assessment

(1)

Where imports of subject merchandise from more than one country are simultaneously subject to countervailing or anti-dumping duty investigations, the Government may cumulatively assess the effects of such imports.

NOTE—the Rules of the High Court 1980 [P.U.

(A)

50/1980] has been repealed by the Rules of the

High Court 2012 [P.U.

(A)

205/2012].

Countervailing and Anti-Dumping Duties 55

(2)

Subsection (1) shall apply only if the Government determines—

(a)

that the amount of a subsidy or the margin of dumping established in relation to the imports from each country is more than de minimis;

(b)

that the volume of imports of the subject merchandise from each country is not negligible; and

(c)

that the cumulative assessment of the effects of the imports of the subject merchandise is appropriate in view of the conditions of competition between the subject merchandise, and the conditions of competition between the subject merchandise and the like domestic product.

Terms defined in this Act

country
Defined · s 2
“country” includes a customs union or customs territory that possesses full autonomy in the conduct of its external commercial relations and of the other matters provided for in the World Trade Organization Agreement;
Open s 2
dumping
Defined · s 2
“dumping” means the importation of merchandise into Malaysia at less than its normal value as sold in the domestic market of the exporting country;
Open s 2
Government
Defined · s 2
“Government” means the Government of Malaysia;
Open s 2
subject merchandise
Defined · s 2
“subject merchandise” means the class or kind of merchandise imported or sold for importation into Malaysia that is the subject of any countervailing or anti-dumping duty action under this Act, as determined by the Government to be appropriate for establishing the scope of the action;
Open s 2
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

Report

Read on from s 36