20. Preliminary determination

(1)

The Government shall, within such period as prescribed, make a preliminary determination regarding—

16 Laws of Malaysia ACT 657

(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.

Report

Read on from s 21

Part V

Definitive Safeguard Measure

Read on from Part V

Part VI

Review of Safeguard Measure

Read on from Part VI

Part VII

Reapplication of a Safeguard Measure

Read on from Part VII

Part VIII

Miscellaneous

Read on from Part VIII