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Section 20

Preliminary determination

of Safeguards Act 2006

ActIn forceProvision 20 of 43
Section 20

(a)

whether the product under investigation is being imported into Malaysia in such increased quantities, absolute or relative to domestic production; and

(b)

whether under such conditions, it causes or threatens to cause serious injury to the domestic industry that produces like or directly competitive products.

(2)

If the Government makes a negative preliminary determination with regard to subsection (1), the Government shall publish a notice stating the reasons for the negative determination and—

(a)

continue the investigation; or

(b)

terminate the investigation if the Government deems fit.

(3)

If the Government makes an affirmative preliminary determination with regard to subsection (1), the Government shall continue the investigation and publish a notice of—

(a)

the affirmative preliminary determination, stating the reasons for its determination with respect to paragraphs (1)(a) and (b); and

(b)

the provisional safeguard measure applicable.

(4)

If the decision is to apply a provisional safeguard measure, the notice regarding the application of a provisional safeguard measure shall be as prescribed.

(5)

If the Government decides not to apply a provisional safeguard measure, the notice of negative preliminary determination shall be as prescribed.