./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MYS/5
G/SCM/Q1/MYS/5
16 October 2000
(00-4251)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Questions Posed by the UNITED STATES
Regarding the Notification of MALAYSIA1
The following communication, dated 13 October 2000, has been received from the Permanent
Mission of the United States
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1. The Countervailing and Anti-Dumping Duties (Amendment) Act 1998 (“1998 Amendments”)
amends the definition of “interested parties” in section 2(1) of the Malaysian Countervailing and Anti-Dumping Duties Act 1993 (“1993 Act”) by adding a provision stating that “any other party as the
Government deems appropriate” may be treated as an “interested party”.
(a) To what types of parties does Malaysia contemplate providing “interested party” status
pursuant to this provision?
(b) What criteria do the Malaysian anti-dumping and countervailing duty authorities use to
determine whether it is “appropriate” to grant interested party status to those parties not
automatically accorded such status under the 1993 Act?
2. The 1998 Amendments provide a new definition of the term “regional producers” which
specifies under what conditions the Malaysian anti-dumping and countervailing duty authorities canengage in a regional industry analysis.  The definition does not require the authorities to find that
there is a concentration of dumped imports into the isolated regional market and that the dumped
imports are causing injury to the producers of all or almost all of the production within that market.
How is this consistent with Article 4.1(ii) of the AD Agreement and Art. 16.2 of the SCM
Agreement?
3. The 1998 Amendments inserted a new section 38 into the 1993 Act.  New section 38(4) of the
1993 Act ensures that the Malaysian anti-dumping and countervailing duty authorities will provide all
interested parties opportunities to see all relevant non-confidential information.  Does Malaysia also
offer interested parties access to confidential in formation pursuant to the type of protective orders
discussed in footnote 17 to Article 6.5 of the AD Agreement and footnote 42 to Article 12.4 of the
SCM Agreement?
4. Under Malaysian law, what effect do the Countervailing and Anti-dumping Duties
(Amendment) Regulations 1999 (“1999 Regulations”) have?  Are the 1999 Regulations binding on
                                                     
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G/SCM/Q1/MYS/5
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the Malaysian anti-dumping and countervailing duty authorities?   Are the 1999 Regulations accorded
equal weight to the statutory provisions in the 1993 Act?
5. (a) Under new Section 39(5) of the 1999 Regulations, the Minister will grant a request
for a meeting of parties with adverse intere sts in an anti-dumping investigation only if
he determines that there is a valid justification for the meeting.  How is this consistent
with Art. 6.2 of the AD Agreement, which states that authorities “ shall , on request,
provide opportunities for all interested parties to meet those parties with adverse
interests” (emphasis added)?
(b) Similarly, new Section 39(4) of the 1999 Regulations states that any interested party
other than the one requesting the meeting must provide a valid justification to the
Minister before it may be permitted to participate in the meeting.  How is this
consistent with Art. 6.2 of the AD Agreement?
6. Please clarify how the administering authority will calculate cost of production under
Regulation 26 in circumstances where the exporter or producer of the subject merchandise
demonstrates its entitlement to an adjustment to such cost for “start-up operations”, as reflected in
Article 2.2.1.1 of the AD Agreement.
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