Safeguards Act 2006 · Updated to 1 Dec 2013 · Part III · Determination of Serious Injury or Threat of Serious Injury and Causal Link
8. Serious injury and causal link
Feedback & supportA determination of whether increased imports have caused or are threatening to cause serious injury to a domestic industry under this Act, all relevant factors of an objective and quantifiable nature of the product under investigation, the like products and directly competitive products of the domestic industry shall be evaluated in the prescribed manner, having a bearing on the situation of that industry.
serious injury
“serious injury” means a significant overall impairment in the position of a domestic industry; Safeguards 9
The determination referred to in subsection (1) shall not be made unless the investigation demonstrates, on the basis of objective evidence, the existence of the causal link between increased imports of the product under investigation and serious injury or threat thereof.
product under investigation
“product under investigation” means the class or kind of products imported or sold for importation into Malaysia that is subject of safeguard action under this Act, as determined by the Government to be appropriate for establishing the scope of action;
When factors other than increased imports of the product under investigation are at the same time causing or threatening to cause injury to the domestic industry, such injury shall not be attributed to the increased imports..
domestic industry
“domestic industry” means— (a) the domestic producers as a whole of products which are like or directly competitive with the product under investigation, operating in Malaysia; or (b) the domestic producers operating in Malaysia whose collective output of like products or products directly competitive with the product under investigation constitutes a major proportion of the total domestic production of those products;