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

4. Initiation of investigation

(1)

The Government may initiate an investigation to determine the existence, degree and effect of any alleged subsidy upon the submission of a written petition by or on behalf of the domestic industry producing the like product.

(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

Consultations with interested foreign governments

Terms defined in this Act

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
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
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
like product
Defined · s 2
“like product” means a product that is identical or alike in all respects to the subject merchandise or, in the absence of such a product, another product that although not alike in all respects has characteristics closely resembling the subject merchandise;
Open s 2
prescribed
Defined · s 2
“prescribed” means prescribed by the regulations;
Open s 2
provisional measures
Defined · s 2
“provisional measures” means— (a) in relation to Part II, the requirement to post a security equal to the estimated subsidy found in the preliminary determination; and (b) in relation to Part III, the requirement to post a security equal to the estimated dumping margin found in the preliminary determination;
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 5

Part III

Anti-Dumping Duties

Read on from Part III

Part IV

Administration

Read on from Part IV

Part V

General

Read on from Part V