Countervailing and Anti-Dumping Duties Act 1993 · Updated to 1 Jan 2014 · Part II · Countervailing Duties
7A. Injury and causal link
Feedback & supportA determination of injury for the purpose of a countervailing duty investigation under this Act shall be based on relevant evidence and shall involve an objective examination of both the volume of imports of the subject merchandise and the effect of the subject merchandise on prices in the domestic market for like products and the consequent impact of these imports on the domestic producers of such products.
injury
“injury” means material injury or threat of material injury to the domestic industry or material retardation of the establishment of such an industry;
For the purposes of this Act, it shall be demonstrated that the subject merchandise is, through the effects of subsidies, causing injury.
subject merchandise
“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;
The demonstration of a causal relationship between the subject merchandise and the injury to the domestic industry shall be based on an examination of all relevant evidence available to the Government.
domestic industry
“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;
The Government shall also examine any known factors other than the subject merchandise that at the same time are injuring the domestic industry and the injuries caused by these other factors shall not be attributed to the subject merchandise.
A determination of a threat of material injury shall be based on facts and not merely on allegation, conjecture or remote possibility.
In making a determination regarding the existence of a threat of material injury, the Government shall consider such factors as may be prescribed.
In cases where injury is threatened by the subject merchandise, the application of countervailing measures shall be considered and decided with special care.