Seksyen 1
This Ordinance may be cifed as the Customs (Dumpi i and Subsidies) Ordinance, 11959, and shall ee and eat.
operation on such date as the [Minister may by notification,"
105
in the Gazette appoint. Ln 9a fog weto-4-54
ActRepealed
Akta 361
Repealed by Akta Duti Timbal Balas dan Anti-Lambakan 1993.
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- Enacted
- 1959
- Sections
- 11
- Languages
- EN · MS
Akta 361 is Malaysia Act, cited as Act 361 1959, currently marked repealed and first recorded in 1959.
Front matterCover and publication detailsOpenClose
CUSTOMS (DUMPING AND sups
ORDINANGE, 1959 ES)
Opening note
Preamble
- An Ordinance to provide for thd imposit; x and countervailing duties whdre pa eee been ceed in the Federation or are being or : into the Federation under stibsidy, have been imported [ avd Apt uUs4q ] IT IS HEREBY ENACTED by the Yang di-Pertuan Agong with the advice and |co ertu: Council as follows : sent of the Legislative
Seksyen 2
Li
(1)
In this Ordinance, ynless the context otherwise Interpre-requires— tation.
“General Agreement” means the General Agreement on ‘
Tariffs and Trade concluded qt Geneva in the year 1947;
“Minister” means the Minister for the time being charged with responsibility for import and export control.
(2)
References to—
(a)
giving a subsidy are|references to giving, directly or indirectly, a bounty or subsidy on the produc-tion or export of goods (whether by grant, loan, tax relief or in any other way and whether related directly tp the goods themselves, to materials of the gdods or to something else), and include—
(i)
the giving any special subsidy on the transport of a particular product, and
(ii)
the giving Jof favourable treatment to producers {or exporters 1n the course of administering any government control over the pxchange or currencies where such treatment has the effect of assisting a reduction of the prices of goods offered for export, but do not inclu the application of restrictions or charges on th¢ export of materials from any country so as fo favour producers in that L country who use| those materials in goods pro-i duced by them;
Export price.
No. 16 oF
106 |
(d)
the cou
Federation are referen|
which they were consigi goods which in the co case where which answe to any of those countries;
ntry from which goods are exported to the
1959
references to growing g
» goods ahd (to the application o¢
a the course of producing good ods originated shall p there are two or more
+ that description, as a bes to the country fro hed to the Federation; eat nurse of consignment from any country to the Federation pass through or are transhipped in an}
third country shall not on that account be regarded for the purposes of this Ordinance as hay that 'third country.
(3)
This Ordinance shall be c
Customs Ordinance, 1952, and, provisions of this section, sectio nance, 1952, shall apply for t
Ordinance as it applies for ¢
Customs Ordinance, 1952.
3, For the purposes of this goods imported into the Feder ring been exported from bnstrued as one with the subject to the foregoing h 2 of the Customs Ordi-Ihe interpretation of this
Ihe interpretation of the
Ordinance, in relation to lation the export price of such goods from the country in which the goods originated or from which they are exported shall be determined .as follows :
©
(i)
that the goods are of sale which is between a buye}
each other; and
(ii)
as to the price onl imported under a contract a sale in the open market and seller independent of that sale; and
(iii
) as to such other facts as are material for this purpose, the export pri
; price sh subject to a dotieiee
(v)
© the port or gl any other costs,
1 Tespect of th is the price on that sale, lance and freight from the export in the said country ace of import; and harges or expenses incurred goods after they left the
Port or place of export
CUSTOMS except in so far as
(DUMPING
PING AND SUBSIDIES) 107
ny s ;
expenses have to Y such costs, charges or purchaser;
(b)
in any other case, {
determined ay Ee met Separately by the by the Comeneott price shall be a sale of such goods op troller by reference to such first-mentioned
(or of any goods in which ry s °
the open market Ft cdi were incorporated) in dependent
Seksyen 4
For the purposes of this price of any goods follows :
Ween a :
of each other. buyer and seller in-Ordinance, the fai i
Z » the fair market Fair market in a country shall be determined as P":
(a)
subject to the provisions of paragraph (b i section, the price af which goods af the descrip:
tion in question (that is to say, any identical or comparable goods) |are being sold in the ordinary course of trade in such country for consumption or use there, but subject to any necessary adjust-ments, whether for differences in conditions and terms of sale, for differences in taxation, or otherwise, which may be required for the purpose of ensuring that tite comparison between the fair market price and] the export price is effectively a comparison betpeen the prices on two similar sales; or
(b)
if it appears to the/Comptroller that goods of that description are not being sold in such country, or not being sold in such circumstances that the fair marke ance with t price can be determined in accord-paragraph (a), the fair market price shall be deternhined by the Comptroller by reference to any price onan description when expor with P djustme hts made for the mentioned cost of productjon of the goo ed for goods of that from such country, pupae?
or, if the Comptroller ae a the cost or estimated
‘ds the dumping of such additions in in pa by r¢ference i ; ‘ ith which is in qpestion, W! ofit as may appear respect of to the Co
‘Provided that no section of any applic export of materla produced by them.
Is from any cong ducers in that country ho us selling cost and pr'
mptroller to be proper:
der this acgount shall be taken un tia v of restrictions OF charges on the ntry so as to favour pro-hose materials in goods
No. 16 oF 1959 108 ~~
or the purpo 5, F as having ©
those goods werp wholly produced in such country; OF fh stage in the production of the goods w
(b)
if sorried a in such country and the cost ea carrying out such stages, if any, in the production of the goods as were carried out after those goods last left sch country (but before the import of the go bds into the Federation) was less than twenty-five per centum of the cost of production of the|goods as so imported; or
(c)
if some stage in the production of any components or materials incdrporated. in the goods was carried out in such country and the cost of carrying out such] stages 1n production as were carried out after those components or materials last left that country to convert those com-ponents or materials into the goods as imported into the Federation. was less than twenty-five per centum of the ¢ost of production of the goods as so imported:
Provided that where—
(a)
the export price of 4¢ny goods from the country in which they originated is.in question, and
(6)
some stage in the production of the goods, or of any components of materials incorporated in the goods, was carried out after they last left that country, the deductions to be made 0
by reference to which the ex shall include a deduction fo such stage in the producti
Production of any compond in the goods; and the fair ses of this Ordinance goods sh riginated|in a country—
all be origin of goods. regarded
(a)
if ly the Comptroller in the price port price is to be ascertained
F the cost of carrying out any bn of the goods and in the ints ne materials incorporated market pri market price shall be the fair components a ae aes T, as the case may be, of those that country, erials, in the state in which they left
Dumping,
Seksyen 6
For
. the pur .
Tegarded as hay; Poses of this Ordinance b ng b nce goods shall be
(0)
if the 8 been dumped—
\ m the cou i i
Ae C ntry in which the ii geet Is less than the fair market 800ds in that country; or n he may thereupon mak
(hereinafter called an “1
CUSTOMS (DUMPIN AND SUBSIDIES)
(5)
in a case where the dou
109
were exported to tlle ntry from which the goods the country in whi
(i)
if the export which the g fair marke country, ie)
Seksyen 7
(1)
Where it is repres
Agong that goods of any cl have been imported into in which they are, under t
Federation is different from ch they originated—
price from the country in ods originated is less than the price of those goods in that price from the country from goods were so exported is he fair market price of those hat country.
Pnted to the Yang di-Pertuan
Ass or description are being or the Federation in circumstances provisions of this Ordinance, e regarded as having been cfm or subject to the giving of a subsidy, and that, hai stances, it would be in the may, by order published in ing regard to all the circum-national interest so to do, he the Gazette, fix a duty or duties to be levied on goods of amy class or description imported be paid by the importer thereof :
into the Federation, and to
Provided that where the satisfied that the effect of the subsidy is such as to—
(i)
cause or threaten
Yang di-Pertuan Agong is not he dumping or of the giving of material injury to an established industry in the Federation; or ;
(ii)
retard materially the establishment of an industry in the Federatian.
the Yang di-Pertuan Agor ¢ shall make no such order if it appears to him that to do
Agreement.
(2)
Where, on receiving o would conflict with the obliga-tions of the Governmen} of the Federation under the provisions for the time being in force of the General any representations under sub-section (1), the Yang di-Pg¢rtuan Agong is satisfied that—
(b)
it is desirable that a auty should be imposed under sub-section (1);) an it is i j tablish the export price or fair ae atieet poe 0 i goods without so much delay as would prejudige the national interest if no duty under sub-sectjon (1) were imposed in the mean-while :
L an order under sub-section ()
iterim order”) imposing such duty
Power of the Yang di-Pertuan
Agong to impose duties.
42 of 1952.
Provisions of orders under section 7.
No. 16 oF 19
110
ag is necessary in temporarily to subsidy :
provided that as soon rice, as the case may qi-Pertuan Agong may such manner a
(3)
Any order made under this meeting of f such House and shall, at th tae laid, or of such exten by resoluti t if and in so far as it is not car db oaeced the House of Representatives within the said ten if such period has been from being so I of Representatives may passed by days of, extended period.
he opinion of the ateraet the effect of such dumping or as such ex be, has be revoke or V4
s he may consider n¢
ae
Yang di-Pertuan Agong hort price or fair market n established the Yang ry such interim order in cessary.
i section shall, at the next the House of Representatives, be laid on the e expiration of ten days
Hed period as the House bn direct, cease to have nfirmed .by a resolution extended, within such
(4)
Where an order ceases to have effect in whole or in part as provided by sub-section (3
in pursuance of such order or,'as t.
part thereof as ceases to have effe accordance with the provisions of 1952.
Seksyen 8
(1)
An order made under sec
(2)
An order
Provisions with res e ct oi to the cases int eh ay Le to the Yang
Poses of thi i
Prejudice to tee eit
ProVisions—
(a)
limiting the
Teference t, the :
tions by ot, Particul
Were cone the goods made under sectio}
to the good h duty is c di-Pertuan
Nee and j
€ generality of ao class or descr
, then any duty levied he case may be, of such dt, shall: be repayable in the Customs Ordinance, tion 7 shall prescribe—
the goods liable to the
5 ao ry
1 thereby.
h 7 may prescribe such s chargeable with duty hargeable thereunder as
Agong necessary for the particular, and without bregoing, may prescribe ption of the goods by f persons or organisa-were produced or who ed wi
(b)
def” Specified mate production of the goods ing the r P
Weight or gree Of duty
) directing . we measirre bt quantity to value or
Periods, wh, uty be chat :
> Whet : ed i
Mt periods op ons at different rates for of periods:
CUSTOMS (DUMPIN
(@) in connection with th determination of a i tespect of duty conditions prescribd
Seksyen 9
(1)
Where it appears tol that relief under this section g a duty imposed by an order ul made to afford protection ag thinks fit, in that or a subsequ¢
apply the provisions of this sq
(2)
Where this section appl importer of any goods in resp made under section 7 may a from duty on such goods.
(3)
If on any application u is satisfied that the export amount of the duty added thtreto, exceeds the fair market price of identical or compa discretion remit or repay th ks AND SUBSIDIES) I r COMMencement, variation or duty, authorising repayments
| where it is shown that any d by such order are fulfilled.
the Yang di-Pertuan i hould be available as eee duty nder section 7 (being an order inst dumping) he may, if he
Pot order made under section 7
ction in relation to that duty.
les in relation to any duty the pct of which an order has been pply to the Minister for relief inder this section the Minister price of the goods, with the rable goods, he may in his p amount of the excess duty;
¥
and the Comptroller shall or the direction of the Minister remit or repay the duty up fo the amount of such excess.
(5)
In making any appliq importer shall furnish the M and evidence as the Minist ascertaining the export price
(6)
The foregoing provisi effect in relation to a duty section 7 (being an order m de to afford this section in respect of any hix months of the payment of ation under this section the linister with such information br may require from him for or fair market price.
hns of this section shall have imposed by an order under protection against the giving of a subsidy) as i price in a country were that country increas necessary to offset the effe
Seksyen 10
Except in so far as any order made un shall be deemed for t the collection thereof to be the Customs Ordinance, references ed by suc der sectian 7, he purposes a cus 952.
references to the fair market to the export price from h amount (if any) as may be of the giving of the subsidy.
Duties under section 7
deemed to e otherwise provided in ied thereunder i toms and enforcing bose tor d under purpose of collection.
42 of 1952.
ay b any duty lev of collecting toms duty impose
No. 16 oF 1959 2 . ‘
tn roller may{require the importer of an
a. (0 The Co facts concerning the goods and their ods to as think necessary to determine whether 7
fom history as oods originating in a country specified jn q ms the goods are 8 tion 7 or goods exported fr der made under sec jon |/ © ; om an order g. and to furnish hig in such form as he may any country, woof of any statements so made; and if such pee wet furnished to the satisfaction of the Comptroller, ee reqaived facts are not stated, the goods shall be seemed to have originated in, pr, as the case may be, to have been exported from, such country as the Comptroller may determine.
(2)
Where an order made under séction 7 limits the class or description of goods in respect of which duty is chargeable under this Ordinance, or the Pw in which duty is so
Power to pire .
Marmation goods chargeable, so that the question whether any, and if so, what duty is chargeable on the goods depends on other matters besides the country in Which the goods originated or from which they were exported, the Comptroller may require the importer to state snch facts as he may think necessary to determine that question so far as regards those other matters, and to furnish him in such form as he may require with proof of any statemnents so made; and if such ag 1s not furnished to the satisfaction of the Comptroller
Seemed for ie facts are not stated, those facts shall be be such as ihe Cae of duty under this Ordinance to mptroller may determine.
Power of
CHE cstctions oe olet may, sut power conferre a one ee delegate all or any of the
Officers of Customs as he mara ae aa ae
Duty to be ‘.
additional 13, Any dut to tha: y char : ‘
mis the ds shall be chargeable le under this Ordinance on any 42 of 195), Ordin eing chargeable tion to any other duty for ance, 195. or any other eters Ae ia the Customs n law, ng di-ject to such conditions and
Regulations,
Pg may make regulations—
i en into account 7, harges and expenses to be
€ Cost of n ascertaining costs of produc-Any|stage in production;
, ascertai T in which ion are carrieg und in cost of productio fo) -Lases wh i Ss
U ere age:
t by dj er different stag!
CUSTOMS (DUMPING AND SUBSIDIES) 113
(c)
prescribing the manner in which the co of differen stages of productian is to be carried ae merent
>
Seksyen 10
1].
Seksyen 12
13;
Seksyen 14
No. 16 OF 1959
TABLE OF hONTENTS
Short title and commencement.
Interpretation.
Export price.
Fair market price.
Origin of goods.
Dumping.
Power of the Yang di-Perthan Agong to impose duties.
Provisions of orders unde section 7.
Relief from duty.
Duties under section 7 deomned to be customs duties for purpose of collection.
Power to require informa)
Power of Comptroller to q
Duty to be additional to
Regulations.
ion from importers.
elegate.
that imposed by other law.
PIUNSED BY THE GOVERNMENT PRINTE: KUALA LUMPUR
ER AND PUBLISHED
BY AUTHORITY ON 21 2st Marcu, 1959
Price: 50 cts.
Common questions
- What is Akta 361?
- Akta 361 is Malaysia Act, cited as Act 361 1959, currently marked repealed and first recorded in 1959.
- Is Akta 361 still in force?
- No — Akta 361 has been repealed.
- When did Akta 361 take effect?
- Akta 361 was first recorded in 1959.
- How many sections does Akta 361 have?
- Akta 361 contains 11 sections.
- Where can I read the official version of Akta 361?
- The official text of Akta 361 is published at lom.agc.gov.my.
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