Safeguards Act 2006 · Updated to 1 Dec 2013 · Part IV · Investigation
23. Final determination
Feedback & supportThe Government shall, within such period as prescribed, make a final determination regarding—
whether the product under investigation is being imported into Malaysia in such increased quantities, absolute or relative to domestic production; and
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whether under such conditions, it causes or threatens to cause serious injury to the domestic industry that produces like or directly competitive products.
Where the Government makes a negative final determination with regard to subsection (1), the Government shall—
terminate the investigation;
terminate the provisional safeguard measure applied under section 22, and release the bond or security required by such measure; and
publish a notice of the negative final determination, stating the reasons for its negative determination.
Where the
Government makes an affirmative final determination with regard to subsection (1), the Government shall—
publish a notice of affirmative final determination; and
impose a definitive safeguard measure.
The Government shall immediately notify the Committee if the
Committee
“Committee” means the Committee on Safeguards of the World Trade Organization;
Government determines that increased imports have caused or threaten to cause serious injury to the domestic industry. Any such notification shall conform to the requirement established by the Committee.
serious injury
“serious injury” means a significant overall impairment in the position of a domestic industry; Safeguards 9