Malaysia legislation
Section 13
of COUNTERVAILING AND ANTI-DUMPING DUTIES (AMENDMENT) ACT 2025
Section 13
The principal Act is amended by inserting after section 28b the following sections:
“Expiry review 28c. (1) Whenever an interested party submits a petition to the Government or the Government otherwise obtains any information, substantiating for the need of an expiry review, the Government shall examine the petition or information.
(2)
The petition submitted under subsection (1) shall contain such information and shall include sufficient evidence to show that the continued imposition of the anti-dumping duty is necessary to offset dumping and the injury would be likely to continue or recur if the duty were removed or varied.
(3)
The Government shall, within the prescribed period, examine the petition or information to determine whether—
(a)
the initiation of an expiry review is justified; and
(b)
an expiry review is in the public interest.
12
(4)
The petition under subsection (1) shall be rejected if the Government is satisfied that—
(a)
the continued imposition of the anti-dumping duty is no longer necessary to offset dumping;
(b)
the injury would be unlikely to continue or recur if the duty were removed or varied; or
(c)
the expiry review is not in the public interest.
(5)
Where the Government rejects the 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 the expiry review.
(6)
The Government may initiate an expiry review if the Government is satisfied that there is sufficient evidence to show that the continued imposition of the anti-dumping duty is necessary to offset dumping and the injury would be likely to continue or recur if the duty were removed or varied and the expiry review shall be initiated before the termination of the anti-dumping duty referred to in section 27a.
(7)
The anti-dumping duty imposed under subsection 15(1)
and undertakings referred to in subsection 27(1) may remain in force pending decision of the Government under this section.
Review determination 28d. (1) Where the Government decides to conduct a review under section 28, 28a, 28b or 28c, the Government shall—
(a)
publish a notice of the initiation of the review; and
(b)
conduct the review by allowing the interested party to provide any comment relating to the review.
(2)
A review conducted pursuant to section 28, 28a, 28b or 28c shall be completed within the prescribed period.
Countervailing and Anti-Dumping Duties (Amendment)
(3)
Before completion of the review conducted pursuant to section 28, 28a, 28b or 28c, the Government shall inform all the interested parties of the essential facts under consideration that form the basis for the findings and the interested parties may defend their interests.
(4)
Upon the completion of the review conducted pursuant to section 28, 28a, 28b or 28c, the Government shall publish a notice of determination stating the reasons for its decision.
(5)
Where the Government makes a determination in relation to section 28 or 28c and where the dumping margin of an exporter or a producer whose export of the subject merchandise has changed substantially to de minimis, the anti-dumping duty on specific exporter or producer may be subject to subsequent review by the Government.
(6)
A determination made pursuant to subsection (4) or (5)
shall apply to the subject merchandise imported on or after the date of publication of the notice of determination.
(7)
Notwithstanding any other provisions of this Act, a review conducted pursuant to section 28, 28a, 28b or 28c may be terminated at any time if—
(a)
the petitioner withdraws the petition;
(b)
there are changed circumstances; or
(c)
the Government determines that termination of the review is in the public interest.
(8)
If a termination of the review pursuant to subsection (7)
occurs, the Government shall publish a notice of termination stating the reasons for the termination.”.
Amendment of section 30