. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MYS/8
G/SCM/Q1/MYS/8
4 May 2001
(01-2308)
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
Replies of Malaysia to
Questions from the United States1
The following communication, dated 3 May 2001, has been received from the Permanent
Mission of Malaysia.
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1. In response to Q3 from the United States, regarding interested party access to
confidential information pursuant to the type of protective orders discussed in footnote 17 to
Article 6.5 of the A-D Agreement and footnote 42 to Article 12.4 of the SCM, Malaysia hasindicated that “generally Malaysia does not provide such information.”
(a) Have there been any A-D or CVD cases in which Malaysia allowed an interested
party or parties to obtain access to such confidential information?  If so, please
indicate the circumstances for gran ting such access and the procedural
safeguards employed to protect the confidential nature of the information.
Response
None.
(b) If Malaysia has never allowed interested parties access to confidential
information in any A-D or CVD case, please indicate under what circumstances
Malaysia would grant access to such info rmation to interested parties.  Please
indicate what procedural safeguards Malaysia would follow in such
circumstances.
Response
Malaysia has never granted any party any access to confidential information.  As such, we
have not set any procedural safeguards for this purpose.
(c) Is Malaysia currently examining any pro cedures to provide interested parties
with  access to confidential information?   Has Malaysia considered taking any
steps to facilitate access to such info rmation, such as the use of a narrowly-
drawn protective order, as discussed in footnote 17 to Article 6.5 of the A-D
                                                     
1 G/ADP/Q1/MYS/7;  G/SCM/Q1/MYS/7.G/ADP/Q1/MYS/8
G/SCM/Q1/MYS/8
Page 2
Agreement and footnote 42 to Article 12.4 of the SCM Agreement, that would
allow access to companies subject to the investigation?  If so, please explain.
Response
No.
(d) Do Malaysian authorities rely upon confidential information in making
determinations under the A-D Agreement and SCM Agreement?  If so, in what
manner does Malaysia fulfill its obligation under Article 6.9 of the A-D
Agreement, and 12.8 of the SCM Agreement, in particular with respect to such
information?
Response
Malaysia will prepare both confidential and non-confidential versions of the notice of the
essential facts before final duties are determined.  Essential facts based on confidential information
are provided strictly to interested parties submittin g them.  Confidential information that belongs to a
party will not be disclosed to another party.
2. In response to Q6 from the United States, it  appears that Malaysia anticipates additional
legislation to implement the start-up provision contained in Article 2.2.1.1 of the A-D
Agreement.
(a) Please explain whether companies that demonstrate their entitlement to an
adjustment to cost of production for “start-up operations” under Article 2.2.1.1
may receive such adjustment absent an express provision on start-up in
Malaysian Law (i.e. the 1998 Amendments or the 1999 Regulations).
Response
Yes.
(b) Given the absence of a “start-up” provision in Malaysian law, please clarify
under what legal authority Malaysia would fulfill its obligations to make a start-
up adjustment to cost of production under Article 2.2.1.1.
Response
In the absence of any express provision, Malaysia would adopt the provisions of the WTO
AD Agreement as provided under subsection 2(3) of the Countervailing and Anti-Dumping Duties
Act 1993.
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