Malaysia legislation
Section 18
of COUNTERVAILING AND ANTI-DUMPING DUTIES (AMENDMENT) ACT 2025
Section 18
New sections 37a and 37b
The principal Act is amended by inserting after section 37
the following sections:
“Anti-circumvention investigation 37a. (1) Whenever an interested party submits a petition for an anti-circumvention investigation to the Government, or the
Government otherwise obtains any information in relation to circumvention, the Government shall examine the petition or information.
(2)
The petition submitted under subsection (1) shall contain such information and shall include sufficient evidence of the existence of such circumvention.
(3)
The Government shall, within the prescribed period, examine the petition or information to determine whether to initiate an anti-circumvention investigation.
(4)
The petition under subsection (1) shall be rejected if the Government is satisfied that—
(a)
there is no sufficient evidence of circumvention; or
(b)
the anti-circumvention investigation is not in the public interest.
(5)
Where the Government rejects a petition under subsection (4), the Government shall, as soon as practicable, notify in writing the interested party who submits the petition under subsection (1) of the Government’s decision not to initiate an anti-circumvention investigation.
(6)
Where the evidence or information is sufficient to justify the initiation of an anti-circumvention investigation or an anti-circumvention investigation is in the public interest, the Government may initiate an anti-circumvention investigation.
Countervailing and Anti-Dumping Duties (Amendment)
17
Anti-circumvention determination 37b. (1) If the Government decides to initiate an anti-circumvention investigation under section 37a, the
Government shall—
(a)
publish a notice of the initiation of the investigation;
and
(b)
conduct the investigation by allowing the interested party to provide any comment in relation to such investigation.
(2)
An investigation conducted pursuant to section 37a shall be completed within the prescribed period.
(3)
Before completion of the investigation conducted pursuant to section 37a, the Government shall inform all the interested parties of the essential facts under consideration that form the basis for the findings of the Government and the interested parties may defend their interests.
(4)
On the completion of the investigation conducted pursuant to section 37a, the Government shall publish a notice of determination stating the reasons for its decision.
(5)
Where the Government finds that the circumvention exists, the Minister shall have the power to extend the existing countervailing or anti-dumping duty or impose countervailing or anti-dumping duty on imports from the exporters or producers who are found to be circumventing.
(6)
Where the Government is satisfied that there is no evidence of the circumvention action by the exporters or producers, the Government shall terminate the anti-circumvention investigation on the specific country or the exporters or producers.
(7)
A determination made pursuant to subsection (4)
shall apply to the like product and subject merchandise imported on or after the date of publication of the notice of determination.”.
18
Amendment of section 38