Malaysia legislation
Section 6811
Seksyen 6811
82.20 00 and 6811.82.90 00. These H.S. Code Number and AHTN are given only
P.U. (B) 165 8
for information and have no binding effect on the classification of the subject merchandise.
Existing anti-dumping duties 3.
The anti-dumping duties currently in force on the subject merchandise are definitive anti-dumping duties imposed under the Customs (Anti-Dumping Duties)
Order 2014
[P.U.
(A)
81/2014]
and
Customs
(Anti-Dumping
Duties)
(Administrative Review) Order 2016 [P.U. (A) 239/2016].
Grounds for administrative review 4.
(1)
The request is for the administrative review is based on the grounds that the termination of anti-dumping duties would be likely to lead to a continuation or recurrence of dumping and injury to the Malaysian industry.
(2)
The applicant presented that if the anti-dumping duties are terminated, the current import level of the subject merchandise is likely to increase.
(3)
The applicant alleged that the removal of the anti-dumping duties will give a negative impact to the Malaysian industry and would be likely to lead to a continuation or recurrence of injury to the Malaysian industry.
(4)
The Government is satisfied that the request carries sufficient grounds to initiate an administrative review.
(5)
In coming to the decision, the Government has also examined the prices of the subject merchandise in the domestic market in Malaysia in relation to the likelihood of a continuation or recurrence dumping.
Procedure 5.
(1)
Having determined that there is sufficient evidence exists to warrant an administrative review of the anti-dumping duties with regard to the imports of subject merchandise, the Government initiates an administrative review pursuant to subsection 28(6) of the Act and regulation 34 of the Countervailing and
Anti-Dumping Duties Regulations 1994.
P.U. (B) 165 9
(2)
The administrative review will determine whether the termination of the anti-dumping duties would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.
(3)
The administrative review will also examine the need for the continuation or termination of the existing anti-dumping duties.
Questionnaire 6.
(1)
In order to obtain information deemed necessary for the administrative review, the Government will send questionnaires to—
(a)
the Malaysian industry and any association of producers in Malaysia;
(b)
the producers and exporters of subject merchandise in the
Kingdom of Thailand;
(c)
the importers and any association of importers; and
(d)
the Government of the Kingdom of Thailand.
(2)
In any event, all interested parties not contacted by the Ministry of
International Trade and Industry (MITI) are invited to contact MITI in writing, by facsimile or e-mail, in order to find out whether they are listed in the petition referred to in paragraph 1.
(3)
If necessary, such interested parties may request for a copy of the questionnaires by identifying the nature of their business activities related to the administrative review.
Collection of information 7.
All interested parties are invited to make their views known in writing, in particular, by responding to the questionnaires addressed to them and by providing supporting evidence.
P.U. (B) 165 10
Time limit 8.
(1)
All interested party requesting for a questionnaire shall do so not later than fifteen days after the publication of this notice in the Gazette.
(2)
All interested parties must present their views in writing and submit questionnaire responses within thirty days of the date of publication of this notice in the Gazette if such views and responses are to be taken into consideration during the administrative review, unless otherwise specified.
Written submission, information, questionnaire response and correspondence 9.
(1)
All submissions of information, questionnaire responses and correspondences must be made in writing and sent by post or facsimile and with clear indication of the name, address, e-mail address, telephone and facsimile numbers of the interested parties to—
Director
Trade Practices Section
Ministry of International Trade and Industry (MITI)
Level 9, MITI Tower,
No. 7, Jalan Sultan Haji Ahmad Shah 50480 Kuala Lumpur
Malaysia
Telephone number
: (603) 6208 4632/4639/4640/4638
Facsimile number
: (603) 6211 4429
E-mail address
: alltps@miti.gov.my
(2)
If the interested parties do not provide the necessary information or the information and views are not received in adequate form within the specified time limit, the Government may make its determination on the basis of the facts available in accordance with section 41 of the Act.
P.U. (B) 165 11
Dated 21 March 2019
[MITI:ID/(S)/AP/AD/045/35-SR; PN(PU2)529/XXIII]
IGNATIUS DARELL LEIKING
Minister of International Trade and Industry