9. Provisional measures

Terms defined in this Act

• Government

  Government

  Defined · s 2

  “Government” means the Government of Malaysia;

  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
• prescribed

  prescribed

  Defined · s 2

  “prescribed” means prescribed by the regulations;

  Open s 2
• provisional measures

  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

  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

  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