WORLD TRADE  
ORGANIZATION  G/SG/N/1/MYS/2 
9 January 2008 
 (08-0079) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER ARTICLE 12.6  
OF THE RELEVANT AGREEMENTS 
 
MALAYSIA 
 
 
 The following communication, dated 2 January 2008 , is being circulation at the request of the 
Delegation of Malaysia.    
_______________ 
 
  With reference to Article 12.6 of the Agreem ent on Safeguards, the delegation of Malaysia 
has the honour to notify the Committee on Safeguards that the Malaysian legislations on Safeguards, 
Act 657 and Safeguards Regulations  2007 have entered into force on 22 November 2007.   
 
 The full text of the above mentioned legisla tions are attached to this communication.   
  Non official translation.    G/SG/N/1/MYS/2 
Page 2  
 
  LAWS OF MALAYSIA 
 
Act 657 
 
SAFEGUARDS ACT 2006 
 
 Date of Royal Assent: 30 August 2006 Date of publication in the Gazette: 31 August 2006 Date of coming into operation: 22 November 2007 [P.U.(B) 429/2007] 
 
  An Act to make provisions for the investiga tion and determination of  safeguard measures on 
products imported into Malaysia and other matters connected therewith.    
 
ENACTED  by the Parliament of Malaysia as follows:   
   
PART I 
 
PRELIMINARY 
  
Short title and commencement 
 
1. (1) This Act may be cited as the Safeguards Act 2006.     (2) This Act comes into operation on a date to be appointed by the Minister by 
notification in the Gazette .   
 
 
Interpretation 
 
2. In this Act, unless the context otherwise requires:    
- "threat of serious injury" means serious injury that is clearly imminent;   
 
- "Member" means a Member of the World Trade Organization;   
 
- "ASEAN" means the Association of South East Asian Nations;   
 
- "prescribed" means prescribed by regulations made under this Act;   
 
- "GATT 1994" means the General Agreement on Ta riffs and Trade 1994 set out in Annex 1A 
to the World Trade Organization Agreement;   
 
 "domestic industry" means:   
  ( a) the domestic producers as a whole of products which are like or directly competitive 
with the product under investigati on, operating in Malaysia; or 
  G/SG/N/1/MYS/2 
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   ( b) the domestic producers operating in Malaysia whose collective output of like 
products or products directly competitiv e with the product under investigation 
constitutes a major proportion of the total domestic production of those products;   
 
- "Committee" means the Committee on Safeguard s of the World Trade Organization;   
 
- "like products" means products that are identical  or alike in all respect to the product under 
investigation or, in the absence of such products , another product that although not alike in all 
respect have characteristics closely resemb ling the product under investigation;   
 
- "directly competitive products" means products th at are in competition despite differences in 
characteristics or composing materials, subs titutability in terms of utility purpose or 
commercial competitiveness;  
 
- "product under investigation" means the class or kind of products imported or sold for 
importation into Malaysia that is subject of safeguard action under this Act, as determined by 
the Government to be appropriate fo r establishing the scope of action;   
 
- "serious injury" means a significant overall impairme nt in the position of a domestic industry;   
 
- "Government" means the Government of Malaysia;   
 
- "Minister" means the Minister  charged with the responsibility for international trade and 
industry;   
 
- "country" includes all World Trade organisation Members or any other country or 
autonomous customs territory;   
 
- "officer of customs" has the same meaning as is assigned to that expression under section 2 of 
the Customs Act 1967 [ Act 235 ];   
 
- "Agreement" means the Agreement on Safeguard s of the World Trade Organization;   
 
- "interested parties" means:   
  ( a) the foreign exporter and producer of the product under investigation;   
 
 ( b) the importer of the product under investigation;   
  ( c) the government(s) of the exporting country or countries;   
  ( d) the domestic producers of the like products or directly competitive products;   
 
 ( e) relevant trade and business associations registered in Malaysia; 
 
- "participating interested parti es" means those interested par ties that have indicated their 
interest in participating in an inves tigation in accordance with section 10;   
 
- "investigating authority" means the investiga ting authority appointed under section 3;   
 
- "WTO" means the World Trade Organization.   
 G/SG/N/1/MYS/2 
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  PART II 
 
THE INVESTIGATING AUTHORITY 
 
Appointment of the investigating authority 
 
3. The Minister may appoint and authorize an i nvestigating authority to conduct an investigation 
under this Act.    
Appointment of officers 
 
4. The Minister may, from time to time, appoint  and authorise such officers as are necessary to 
perform the functions and powers under this Act.    
Protection of officers and persons ac ting under the Act and regulations 
 
5. No action or prosecution shall be brought, ins tituted or maintained in any court against any 
officer or person authorized under this Act and the regulations made under this Act for or on account 
of or in respect of any act ordered or done for the purpose of carrying into effect this Act and the regulations made under this Act, and no suit or pr osecution shall lie in any court against any other 
person for or on account of or in respect of any act  done or purported to be done by him under the 
order, direction or instruction of any such officer or person if the act was done in good faith and in a 
reasonable belief that it was necessary for the purpose intended to be served thereby.    
Duties and powers of the investigating authority 
 6. (1) The investigating authority shall perform  such duties and functions and exercise such 
powers as may be provided under this Act.   
  (2) The conduct of investigation relating to serious injury or threat thereof shall be as 
prescribed.   
 
 (3) The investigating authority shall be subj ect to the provisions of the Act in performing 
the functions assigned to it under this Act.   
  (4) With respect to any proceedings under this  Act, the investigating authority shall not 
disclose any information which is entitled to confidential treatment under this Act.   
 
 (5) The investigating authority may request directly from the participating interested 
parties, customs agents, inspection companies,  forwarders, and other enterprises and entities 
of the public and private sectors, such data and information as the investigating authority 
considers relevant to the performance of its duti es, functions and powers.  The recipients of 
such requests shall provide the requested informa tion, and such information shall be placed in 
the public file.   
  (6) The investigating authority may decide to verify the accuracy of any information 
submitted during an investigation or review as prescribed.   
 Power to delegate 
 
7. (1) The Minister may, in writing, delegate  any of his functions under this Act and the 
regulations made under this Act, subject to su ch conditions, limitations or restrictions as he 
thinks fit, to a person or class of persons and the person or class of persons to whom those 
functions are delegated may perform those functi ons in the manner and with the same effect  G/SG/N/1/MYS/2 
 Page 5 
 
 
  as if those functions had been conferred on hi m or them under this Act and the regulations 
made under this Act.   
  (2) A person or class of persons purporting  to act pursuant to a delegation made under 
this section shall, in the absence of proof to  the contrary, be presumed to be acting in 
accordance with the terms of the delegation.   
  (3) A delegation made under this section may at any time be revoked by the Minister.   
  
PART III 
 
DETERMINATION OF SERIOUS INJURY OR THREAT OF 
SERIOUS INJURY AND CAUSAL LINK 
 Serious injury and causal link 
 
8. (1) A determination of whether increased impor ts have caused or are threatening to cause 
serious injury to a domestic industry under this  Act, all relevant factors of an objective and 
quantifiable nature of the product under inv estigation, the like products and directly 
competitive products of the domestic industry sh all be evaluated in the prescribed manner, 
having a bearing on the situation of that industry.   
  (2) The determination referred to in su bsection (1) shall not be made unless the 
investigation demonstrates, on the basis of objec tive evidence, the existe nce of the causal link 
between increased imports of the product under i nvestigation and serious injury or threat 
thereof.   
  (3) When factors other than increased impo rts of the product under investigation are at 
the same time causing or threatening to cause in jury to the domestic industry, such injury 
shall not be attributed to the increased imports.   
 Threat of serious injury and causal link 
 
9. (1) A determination of a threat of serious  injury caused by increased imports shall be 
based on facts and not merely on allegation,  conjecture or remote possibility.   
 
 (2) In considering whether increased imports th reaten to cause serious injury, the relevant 
factors, which shall be evaluated, shall be as prescribed.   
  
PART IV 
 
INVESTIGATION 
 
Petition for initiation of investigation 
 
10. A request for an investigation to determin e whether increased imports of the product under 
investigation have caused or threaten to cause serious injury to a domestic industry may be initiated:   
  ( a) upon a written petition addressed to the Minist ry of International Trade and Industry 
by or on behalf  of the domestic industry; or 
 
 ( b) on the initiative of the Government.   G/SG/N/1/MYS/2 
Page 6  
 
  Requirements for a petition 
 
11. A petition under paragraph 10(a) shall in clude such information as prescribed.   
 
Withdrawal of the petition before initiation of investigation 
 
12. A petition under section 10 may be  withdrawn prior to initiation of an investigation, in which 
case it shall be considered not to have been made.     
Amendments to the petition 
 
13. A petition requesting an inves tigation to be initiated may be amended subject to such 
conditions as the Government deems fit.    
Decision to initiate investigation 
 
14. (1) The Government may initiate an inves tigation, whether on the request of a domestic 
industry or on its own initiative, only when th e Government has determined that there is 
sufficient evidence of serious injury or thr eat thereof caused by increased imports.   
  (2) If the Government decides to initiate an investigation under subsection (1), the 
Government may seek such additional informati on, as the Government deems necessary.   
  (3) Where the Government decides not to initia te an investigation, the Government shall 
notify the petitioner in writing of the reasons  for not initiating the investigation.   
 
 (4) Where a petition has been received, the Gove rnment shall, from the date of receipt of 
the petition, decides whether or not to initiate  an investigation within such period as 
prescribed.  Where the petition involves complex issues, or if the Government has to seek additional information as provided for in s ubsection (2), the period may be extended for 
another period as prescribed.   
 Notice of initiation of investigation 
 
15. The decision to initiate an investigation shall be notified to the Committee.  Such notification 
shall be made immediately after the initiation of the investigation.    Publication of the notice of initiation of investigation 
 
16. The notice of initiation shall be published by the Government.    
Contents of the notice of initiation 
 17. The contents of the notice of initiation shall be as prescribed.    G/SG/N/1/MYS/2 
 Page 7 
 
 
  Public hearings and written arguments 
 
18. (1) All participating interested parties sh all have the opportunity in accordance with the 
provisions of this section:   
 
 ( a) to have public hearings or other appropria te means in which importers, exporters and 
other interested parties could present evidence and their views;  and 
  ( b) to respond to a written and oral presentation of other participating interested parties 
and to submit views as to whether or not the application of a safeguard measure 
would be in the public interest.   
  (2) The procedures for a public hearing or othe r appropriate means shall be as prescribed.   
 
Treatment of confidential information 
 
19. (1) Any information which is by its na ture confidential or which is provided on a 
confidential basis shall, upon cause shown, be treated as such by the Government.  Such information shall not be disclosed without specific written permission from the party submitting the confidential information.   
 
 (2) Parties providing confidential information shall be requested to furnish non-
confidential summaries thereof or, if such par ties indicate that such information cannot be 
summarized, the reasons why a summary cannot be provided.   
  (3) If the Government finds that a request fo r confidential treatment is not warranted, and 
if the provider of the information is unwilling to  make the information public or to authorize 
its disclosure in generalized or summary form, the Government may disregard such information unless it can be demonstrated to th e Government's satisfaction from appropriate 
sources that the information is correct.   
 
Preliminary determination 
 
20. (1) The Government shall, within su ch period as prescribed, make a preliminary 
determination regarding:   
  ( a) whether the product under investigation is  being imported into Malaysia in such 
increased quantities, absolute or relative to domestic production;  and 
  ( b) whether under such conditions, it causes or th reatens to cause serious injury to the 
domestic industry that produces like or  directly competitive products.   
  (2) If the Government makes a negative pr eliminary determination with regard to 
subsection (1), the Government shall publish a notice stating the reasons for the negative 
determination and:   
  ( a) continue the investigation;  or 
 
(b) terminate the investigation if the Government deems fit.   
  (3) If the Government makes an affirmative preliminary determination with regard to 
subsection (1), the Government shall continue  the investigation and publish a notice of:   
 G/SG/N/1/MYS/2 
Page 8  
 
   ( a) the affirmative preliminary determination,  stating the reasons for its determination 
with respect to paragraphs (1)( a) and ( b);  and 
  ( b) the provisional safeguard measure applicable.   
 
 (4) If the decision is to apply a provisiona l safeguard measure, the notice regarding the 
application of a provisional safeguard measure shall be as prescribed. 
  (5) If the Government decides not to apply a provisional safeguard measure, the notice of 
negative preliminary determination shall be as prescribed.   
 
Notification and consultation of  a provisional safeguard measure 
 
21. (1) Once a decision has been taken to appl y a provisional safeguard measure and before 
the measure takes effect, the Government shall notify the Committee in conformity with the 
requirements established by the Committee.   
  (2) Before the measure is applied, the opport unity to be consulted as referred to in the 
Agreement shall be provided.   
 
Provisional safeguard measure 
 
22. (1) The Government may apply a provisi onal safeguard measure with regard to the 
product under investigation imported into Malaysia on or after the publication of the notice of 
affirmative preliminary determination where the Government determines that such measure is 
necessary to prevent the injury referred to in subsections 8(1) and 9(1) from occurring during 
the period of investigation.   
  (2) A provisional safeguard measure shall take  the form of provisional safeguard duties 
guaranteed by a bond or security equal to th e amount determined by the Government.   
  (3) The provisional safeguard measure impo sed under this section shall not exceed two 
hundred days.   
   (4) If the subsequent investigation does not result in a determination that increased 
imports have caused or threaten to cause serious  injury to the domestic industry, any bond or 
security shall be promptly released.   
 
 (5) The collection of any provisional safe guard duties imposed under this Act shall be 
conducted by an officer of customs.   
 
Final determination 
 23. (1) The Government shall, within such period as prescribed, make a final determination 
regarding:   
  ( a) whether the product under investigation is  being imported into Malaysia in such 
increased quantities, absolute or relative to domestic production;  and 
 
 ( b) whether under such conditions, it causes or th reatens to cause serious injury to the 
domestic industry that produces like or  directly competitive products.   
  (2) Where the Government makes a negativ e final determination with regard to 
subsection (1), the Government shall:    G/SG/N/1/MYS/2 
 Page 9 
 
 
   ( a) terminate the investigation;   
  ( b) terminate the provisional safeguard measur e applied under section 22, and release the 
bond or security required by such measure;  and 
 
 ( c) publish a notice of the negative final dete rmination, stating the reasons for its 
negative determination.   
  (3) Where the Government makes an affirm ative final determination with regard to 
subsection (1), the Government shall:   
 
 ( a) publish a notice of affirmativ e final determination;  and 
 ( b) impose a definitive safeguard measure.   
  (4) The Government shall immediately notify the Committee if the Government 
determines that increased imports have caused or  threaten to cause ser ious injury to the 
domestic industry.  Any such notification shall conform to the requirement established by the 
Committee.   
 
Notice of final determination 
 24. The Government shall publish a notice of fina l determination regarding serious injury and 
causal link as prescribed.     
PART V 
 
DEFINITIVE SAFEGUARD MEASURE 
 
Determination of definitive safeguard measure 
 
25. Where the Government determines during a provisional safeguard measure that:   
 
 ( a) the product under investiga tion is being imported into Malaysia in such increased 
quantities, absolute or relativ e to domestic production;  and 
 ( b) under such conditions, it causes or threaten to cause serious injury to the domestic 
industry that produces like or directly competitive products, 
 
 The Government shall apply a definitive safeguard measure.    
Notice of definitive safeguard measure 
 
26. Immediately upon taking a decision regardi ng the application of a definitive safeguard 
measure, the Government shall publish a notice re garding application of a definitive safeguard 
measure, and such notice shall contain information as prescribed.    
Notification and consultation of a definitive safeguard measure 
 27. (1) Immediately upon a decision to apply a definitive safeguard measure, but before such 
measure takes effect, the Government sh all notify the Committee regarding:   
  ( a) the evidence of serious injury or thr eat thereof caused by increased imports;   
 
 ( b) the precise description of the product under investigation;   G/SG/N/1/MYS/2 
Page 10  
 
   ( c) the form, level and duration of the proposed measure;   
  ( d) the proposed date of application of the measure;  and  
  ( e) the proposed date of introduction, expect ed duration and timetable for progressive 
liberalization.   
  (2) Before a definitive safeguard measure is applied, the Government shall provide 
adequate opportunity for consultation with t hose Members having a substantial interest as 
exporters of the product under inv estigation, with a view to:   
 
 ( a) reviewing the information notified to th e Committee regarding the finding of serious 
injury or threat thereof caused by increased  imports and the proposed measure;   
  ( b) exchanging views about the measure;  and 
 
 ( c) reaching an understanding on ways to achieve the objective to maintain a 
substantially equivalent leve l of concessions and other obligations to that existing 
under GATT 1994 between Malaysia and the exporting Members which would be 
affected by such a measure.  The G overnment may endeavour to provide any 
adequate means of trade compensation for the adverse effects of the measure on their 
trade.   
  (3) The Government shall notify the Council for Trade in Goods of the WTO 
immediately, through the Committee, of the results of the consultation.   
 Form and application of a definitive safeguard measure 
 
28. (1) A definitive safeguard measure can be applied in the form of:   
  ( a) a safeguard duty;  or 
 
 ( b) a quota on imports;  or 
  ( c) a safeguard duty and a quota on imports.   
  (2) Subject to section 34, any definitiv e safeguard measure under paragraphs (1)( a) 
and ( b) shall be applied to all imports of the product under investigation, irrespective of 
source, entered on or after the date on which the measure takes effect.   
 
Administrative matters 
 
29. (1) Any petition to be submitted under Part IV shall be submitted to the Ministry of 
International Trade and Industry.   
  (2) Subject to the provisions of this Act, any action to be conducted or taken under this 
Act shall be conducted or taken by  any officer or person authorized in writing in that behalf 
by the Minister.   
 
 (3) Any finding of an investigation, whether for the purpose of a preliminary or final 
determination, or a review, under this Act,  shall be forwarded to the Minister.   
  (4) The Minister shall decide and such decision shall be final.   
  G/SG/N/1/MYS/2 
 Page 11 
 
 
   (5) The Minister shall make a recommendati on to the Minister of Finance to impose a 
definitive safeguard measure.   
  (6) The implementation of a definitive safeguard measure in the form as provided in 
subsection 28(1) shall be conducted by an officer of customs.   
 
 (7) If any question arises as to whether any par ticular product is or is not included in any 
notification given under this Act, such question shall be referred to the investigating authority 
who shall make a decision on the matter.   
 Transhipment 
 
30. In cases where products are not imported into Malaysia directly from the country of origin, 
but are exported to Malaysia from an intermediate country, the provisions of the Act shall be fully 
applicable and the transaction, for the purposes of this Act, shall be regarded as having taken place 
between the country of origin and Malaysia.   
 
Customs clearance not to be hindered 
 
31. Any investigation conducted under this Act sh all not hinder procedures for customs clearance. 
 Application of the Customs Act 1967 
 
32. (1) This Act shall be construed as one with the Customs Act 1967.   
  (2) If there is any inconsistency between the provisions of the Customs Act 1967 and the 
provisions of this Act, the provisions of this Act shall prevail.   
 
Developing country Member 
 
33. (1) Notwithstanding any other provisions of this Act, a definitive safeguard measure shall 
not be applied against the product under inves tigation originating in a developing country 
Member as long as its share of imports of the product concerned in Malaysia does not exceed 
three per cent of total imports of the produc t concerned, provided that developing country 
Members with less than three per cent import share collectively account for not more than 
nine per cent of total imports of the product concerned.   
 
 (2) An action taken pursuant to subsection (1) must be notified to the Committee.   
 
Duration of a definitive safeguard measure 
 
34. (1) A definitive safeguard measure shall be applied for a period of not more than four 
years unless it is extended as provided for in section 37.   
 
 (2) The total duration of a definitive saf eguard measure, including the period of 
application of any provisional safeguard me asure and any extension thereof pursuant to 
section 37, shall not exceed ten years, in accordan ce with the provisions of the Agreement.   
 Liberalization of safeguard measure 
 
35. Where the period of application exceeds one y ear, the measure applied shall be progressively 
liberalized at regular intervals during the period of application.    
 G/SG/N/1/MYS/2 
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  PART VI 
 
REVIEW OF SAFEGUARD MEASURE 
 
Review 
 
36. (1) If the duration of a definitive safeguard  measure, including the period of application 
of any provisional safeguard measure, exceeds th ree years, the Government applying such a 
measure shall review the situation not later th an the mid-term of the application of the 
measure or increase the pace of liberalization.   
 
 (2) A notice to maintain, liberalize or withdraw a definitive safeguard measure, 
summarizing the results of the review, may be published.   
 
Extension of a definitive safeguard measure 
 
37. (1) Upon the Government's own initiativ e or upon duly substantiated request, an 
extension of a definitive safeguard measure be yond the initial period and in conformity with 
the procedures set out in sections 8, 9, 16, 21, 23 and 25 may be granted:   
  ( a) if the safeguard measure continues to be necessary to prevent or remedy serious 
injury;  and 
  ( b) there is evidence that the industry is adjusting, provided that the provisions of the 
Agreement are fulfilled.   
 
 (2) An extended definitive safeguard measure sh all not be more restrictive than at the end 
of the initial period of application.  During the extension period, the measu re shall continue to 
be progressively liberalized in accordance with the schedule published in a notice to extend a 
definitive safeguard measure.   
  (3) In extending a definitive safeguard me asure exceeding three years, the Government 
shall endeavour to maintain a substantially  equivalent level of concessions and other 
obligation to that existing under GATT 1994 betw een Malaysia and the exporting Members, 
which would be affected by such measure.   
  (4) The requirements pertaining to notification to the Committee and to the WTO 
Council for Trade in Goods as provided in s ubsections 21(1), 23(4), and 27(3), and the 
requirements pertaining to consultations with t hose Members having a substantial interest as 
exporters of the product concerned as provided for in subsection 27(2) shall apply to any 
extension of a safeguard measure.   
 
Notification to extend 
 
38. Once a decision has been taken to extend the safeguard measure, the Government shall notify 
the Committee.     G/SG/N/1/MYS/2 
 Page 13 
 
 
  PART VII 
 
REAPPLICATION OF A SAFEGUARD MEASURE 
 
Reapplication 
 
39. (1) No new safeguard measure shall be applied for a period of at least two years to 
imports of a product, which were the subj ect of a definitive safeguard measure.   
  (2) Notwithstanding the provisions of subsecti on (1), a definitive safeguard measure with 
a duration of hundred and eighty days or less may be applied to the imports of a product 
under investigation which was the subject of an earlier safeguard measure if:   
  ( a) at least one year lapsed since the date of imposition of the earlier safeguard measure 
on the imports of that product;  and 
 
(b) such a safeguard measure has not been a pplied on the same product more than twice 
in the five year period immediately preceding the date of introduction of the measure.   
 
 
PART VIII 
 
MISCELLANEOUS 
 
International obligations 
 40. This Act shall be applied in conformity with  the obligations of Malaysia under the Agreement 
Establishing the World Trade Organization, done  at Marrakesh, on 15 April 1994, including the 
GATT 1994, and the Agreement on Safeguards.    
Regulations 
 41. The Minister may make such regulations in respect of any matter to be prescribed and such 
other regulations as are necessary or expedient to give  full effect to or for carrying out the provisions 
of this Act.    
Publication of notices 
 
42. All notices required to be published u nder this Act shall be published in the Gazette .   
 G/SG/N/1/MYS/2 
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  SAFEGUARDS ACT 2006 
 
SAFEGUARDS REGULATIONS 2007 
  In exercise of the powers conferred by sec tion 41 of the Safeguards Act 2006[Act 657], the 
Minister makes the following regulations:   
   
PART I 
 
PRELIMINARY 
 
Citation and commencement 
 1. (1) These regulations may be cited as the Safeguards Regulations 2007 .   
  (2) These Regulations come into operation on 22 November 2007.     
PART II 
 
INVESTIGATING AUTHORITY 
 
Investigating authority  
 2.  (1) The Minister appoints and authorises th e officers of the Trade Practices Section of the 
Ministry of International Trade and Industry as the investigating authority to perform the functions and powers of the Government under the Act and these Regulations.    
  (2) Notwithstanding subregulation (1), the Mi nister may appoint and authorise any other 
officer to be the investigating authority.   
 
 
PART III 
 
PETITION 
 
Petition by or on behalf of domestic industry 
 
3. (1) A petition requesting that a safeguard investigation be initia ted under paragraph 10( a) 
of the Act shall contain the following information:   
 
 ( a) name and address of:   
   (i) the domestic industry on behalf of which the petition is submitted, including 
the names and addresses of other producers of the like products or directly competitive products in the domestic industry;  or  
 
  (ii) the person or body of persons, whether corporate or unincorporate, who 
submitted the petition on behalf of  the domestic industry;   
  ( b) a detailed description of the product under investigation that defines the requested 
scope of the investigation, including its physical, technical and chemical  G/SG/N/1/MYS/2 
 Page 15 
 
 
  characteristics, the technology and manufact uring process involved, relevant industry 
specifications, pricing structures, distributi on channels, its functions and uses, and its 
current Malaysian tariff classification;   
  ( c) a detailed description of the like products or directly competitive products, including 
its physical, technical and chemical characteristics, the technology and manufacturing 
process involved, relevant industry specifi cations, pricing structures, distribution 
channels, and its functions and uses;   
  ( d) the information on the trend of the import volume of the product under investigation;   
 
 ( e) the volume and value of the product unde r investigation imported into Malaysia 
during the most recent three year period a nd during any other recent period that the 
petitioner believes to be more representative or if the product under investigation is 
not imported into Malaysia during the three year period, the information as to the 
likelihood of the sale for importation into Malaysia of the product under 
investigation;   
  ( f) the names and addresses of importers who the petitioner believes are importing or are 
likely to import;   
 
 ( g) any factual information and documentary ev idence relevant to the increased imports 
and serious injury or threat of serious injury to the domestic industry;   
  ( h) any other factual information which the petitioner relies upon;   
 
 ( i) the causal link between the increased impor ts of the product under investigation and 
the serious injury or threat of serious injury to the domestic industry;   
  ( j) an explanation on unforeseen developments that have resulted in increased imports 
causing or threatening to cause serious injury to domestic industry;   
 
 ( k) the adjustment plan for the duration of the proposed imposition of definitive 
safeguard measure and the proposed relief measures allowing domestic industry to 
recover its competitiveness;  and  
  ( l) any other information which the Government may request.   
 
 (2) In relation to paragraphs (1)( e) and ( g), a petitioner shall include factual information 
on all relevant factors of an objective and quantif iable nature having a bearing on the situation 
of that domestic industry, in particular, the ra te and amount of the increase in imports of the 
product under investigation in absolute and relativ e terms, share of domestic market taken by 
increased imports, changes in the level of sales,  production, profits and losses, productivity, 
capacity utilisation and employment.   
  (3) If the petitioner fails to provide the in formation prescribed in subregulations (1) 
and (2), the Government may dismiss the petition.   
 
 (4) The petitioner shall submit to the Trad e Practices Section of the Ministry of 
International Trade and Industry with the pe tition a non-confidential summary of such 
petition which can be released to public.   
 G/SG/N/1/MYS/2 
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   (5) The Government shall not consider any factual information in the petition for which 
the petitioner requests confidential treatment unless the petitioner complies with section 19 of the Act.   
  (6) Subject to subregulation (7), a petitioner may, within thirty days of initiation of the 
investigation, make amendm ents to the petition.   
  (7) The Government may refuse any amendmen t where the Government determines that 
the amendment would seriously impede or disrupt the investigation.    
 
 
PART IV 
 
INVESTIGATION PROCEDURE 
 Scope of investigation 
 
4. (1) Upon receipt of a petition under paragraph 10( a) of the Act, the Government shall 
examine the petition and determine the scope of the investigation.   
  (2) Where there is more than one product described in the petition, the Government may 
decide to segregate the investigation according  to the number or categories of product under 
investigation.   
 
Time limit for determination of initiation of investigation  
 5. (1) The Government shall, within thirty days from the date of receipt of the petition, 
make a determination on whether or no t to initiate the investigation.   
  (2) The Government may extend the time period referred to in subregulation (1), by an 
additional thirty days as the Government thinks fit.   
 
 (3) Where the Government decides not to in itiate an investigation under subsection 14(3) 
of the Act, the petitioner shall be allowed to submit a new petition three months from the date 
of the notification by the Government of its decision.  
 
Initiation of investigation  
 
6. The Government shall initiate an investigati on where the Government is satisfied that:   
  ( a) sufficient evidence has been  presented with regard to the information prescribed 
under regulation 3;  and  
 ( b) the petitioner represents a major proporti on of the total domestic production of the 
like products or products directly compet itive with the product under investigation.   
 
Notice of initiation of investigation  
 
7. A notice of initiation of an investigation under section 17 of the Act shall contain the 
following information:   
 
 (a)  a complete description of the product under investigation, including its tariff 
classification;   
 
 (b)  a complete description of the like products or directly competitive product;    G/SG/N/1/MYS/2 
 Page 17 
 
 
   (c)  the name of the petitioner;   
  (d)  a summary of the increase in imports of the product under investigation;   
  (e) a summary of the factor on which the allegati ons of serious injury or threat of serious 
injury is based;   
 (f)  the address where information requested for and comments may be submitted;   
  (g)  the date of initiation of the investigation;  and  
 
 (h) the time limit for interested parties to make their views known.   
 
Gathering of information and questionnaires 
 
8. (1) The Government may distribute questi onnaires to any interested parties within a 
reasonable period from the date of initiation of  investigation for the purposes of making a 
determination under the Act.   
  (2) The interested parties shall respond within  the time specified in the questionnaires.   
  (3) The Government may request for any clar ification or additional information relating 
to the investigation, which shall be in the form  of a supplement to the questionnaires, and the 
interested parties shall respond within the time specified in the request.   
 
Preliminary determination 
 9. (1) The Government shall, within ninety da ys from the date of initiation of investigation, 
make a preliminary determination pursuant to section 20 of the Act.   
  (2) The Government may extend the time peri od referred to in subregulation (1) by an 
additional thirty days as the Government thinks fit.   
 
 (3) Where the Government considers that in view of the critical circumstances delay in 
applying a definitive safeguard measure would cau se damage which is difficult to repair, the 
Government shall make a preliminary determin ation pursuant to section 20 of the Act.   
 
Negative preliminary determination  
 
10. (1) Where the Government makes a negative preliminary determination under 
subsection 20(2) of the Act, the Government  shall continue the investigation unless the 
Government is satisfied that even if the inv estigation is continued the elements necessary for 
the application of safeguard measures are absent.   
 
 (2) A notice of a negative preliminary dete rmination under subsection 20(2) of the Act 
shall contain the following information:   
  (a)  a complete description of the product under investigation, including its tariff 
classification;   
 
 (b) a complete description of the like products or directly competitive product;   
  (c)  the reason for the negative preliminary determination;  and  
 G/SG/N/1/MYS/2 
Page 18  
 
   (d)  a statement indicating whether the inves tigation will be terminated or continued 
through the final phase.   
 
Affirmative preliminary determination  
 11. (1) Where the Government makes an a ffirmative preliminar y determination under 
subsection 20(3) of the Act, the Government sha ll continue with the investigation and publish 
a notice of affirmative preliminary determination.   
  (2) A notice of affirmative preliminary determination shall contain the following 
information:   
  (a) a complete description of the product under investigation, including its tariff 
classification;   
 
 (b)  a complete description of the like products or directly competitive product;   
  (c)  the reason provisional safeguard measure is necessary;   
  (d)  the amount of provisional safeguard duty;  and  
 
 (e)  the duration of the provisional safeguard measure.   
 
Final determination  
 
12. A final determination under section 23 of th e Act shall be made within two hundred days 
from the date of application of the provisional safeguard measure.   
 
Negative final determination  
 
13. Where the Government makes a negative fina l determination under subsection 23(2) of the 
Act, the Government shall publish a notice of the ne gative final determination which shall include the 
following information:   
  ( a) a complete description of the product under investigation, including its tariff 
classification;   
 
 ( b) a complete description of the like products or directly competitive product;  and  
  ( c) the reason for the negative final determination.   
 
Affirmative final determination  
 14. Where the Government makes an affirmativ e final determination unde r subsection 23(3) of 
the Act, the Government shall publish a notice of af firmative final determination which shall contain 
the following information:     ( a) a complete description of the product under investigation, including its tariff 
classification;   
  ( b) a complete description of the like products or directly competitive product;   
  ( c) the factor that has led to the serious injury  determination or threat of serious injury 
determination;    G/SG/N/1/MYS/2 
 Page 19 
 
 
   ( d) how the increase in imports have caused or  threaten to cause serious injury;   
  ( e) the amount of definitive safeguard duty or if  a quantitative restriction is proposed, the 
allocation of the quota among the supplier countries, pursuant to section 28 of the 
Act, and an explanation and the relevant in formation in relation to the basis on which 
such allocation has been made;   
  ( f) the duration of the definitive safeguard measure;   
  ( g) a timetable for the progressive liberalisation of the definitive safeguard measure if 
section 35 of the Act is applicable;  and  
  ( h) the list of the developing countries exempt ed from the definitive safeguard measure.   
  
PART V 
 
SERIOUS INJURY OR THREAT OF SERIOUS INJURY 
DETERMINATIONS AND CAUSAL LINK 
 
Determination of serious injury or threat of serious injury  
 
15. (1) In determining whether increased im ports have caused serious injury or are 
threatening to cause serious injury to a domestic  industry, the Government shall include the 
following factors in its evaluation:   
 
 ( a) the rate and amount of the increased impor ts of the product under investigation in 
absolute terms and relative  to domestic production of like or directly competitive 
products;   
  ( b) the share of domestic market of the product under investigation taken by increased 
imports of such product;   
 
 ( c) the changes in the level of sales, producti on, profits and losses, productivity, capacity 
utilisation and employment relating to the domestic industry at the risk of serious 
injury or threat of serious injury;   
 
 ( d) the factor other than increased imports of the product under investigation which at the 
same time are causing or thr eatening to cause serious injury to the domestic industry;  
and  
  ( e) any other factors deemed relevant by the Government.   
 
 (2) The factors referred to in subregulation 15(1) shall not be exhaustive, nor can one or 
several of such factors be necessarily conclusive.   
 
Determination of threat of serious injury 
 16. (1) In determining whether increased in im ports threaten to cause serious injury to a 
domestic industry, the Government shall, in  addition to the factors referred to in 
subregulation 15(1), include the followi ng factors in its evaluation:   
  ( a) the actual and potential export capacity of the country of production or origin;   
 G/SG/N/1/MYS/2 
Page 20  
 
   ( b) any build up of domestic inventory and the inventory of the exporting country;  
  ( c) the probability that exports of the product  under investigation will enter the domestic 
market in increasing quantities;  and  
 
 ( d) any other factors deemed relevant by the Government.   
  (2) The factors referred to in subregulation 18(1) shall not be exhaustive, nor can one or 
several of such factors be necessarily conclusive. 
 Causal link 
 
17. The determination of serious injury or threat of serious injury to a domestic industry shall not 
be made unless the investigation demonstrates, on th e basis of objective evid ence, the existence of 
causal link between increased imports of the product under investigation and serious injury or threat 
of serious injury to a domestic industry.   
  
PART VI 
 
REVIEWS 
 
Mid-term review 
 
18. For the purpose of subsection 36(1) of the Act,  the Government may request from interested 
parties any information the Government thinks necessary.   
 
Duration of review  
 
19. A review under subsection 36(1) or section 37 of the Act shall be completed within one 
hundred and eighty days from the date of initiation of the review.    Request for extension by or on behalf of domestic industry 
 
20. (1) A request for an extension of a definitiv e safeguard measure shall be submitted to the 
Trade Practices Section of the Ministry of In ternational Trade and Industry not later than 
eight months prior to the expiry of the measure.   
 
 (2) A request under subregulation (1) shall contain the following information:     ( a) the name and address of:   
   (i) the domestic industry on behalf  of which the petition is submitted, 
including the names and addresses of other producers of the like products or 
directly competitive products in the domestic industry;  or  
   (ii) the person or body of persons , whether corporate or unincorporate, 
who submitted the petition on behalf of the domestic industry;   
 
 ( b) a detailed description of the product under investigation that defines the requested 
scope of the investigation, including its physical, technical and chemical 
characteristics, the technology and manufact uring process involved, relevant industry 
specifications, pricing structures, distribution channels, functions and uses and its  G/SG/N/1/MYS/2 
 Page 21 
 
 
  current Malaysian tariff classification, if there is any change on the information 
submitted in paragraph 3(1)(b);   
  ( c) a detailed description of the like products or directly competitive products, including 
its physical, technical and chemical characteristics, the technology and manufacturing 
process involved, relevant industry specifi cations, pricing structures, distribution 
channels, its functions and uses, if there is any change on the information submitted 
in paragraph 3(1)(c);   
  ( d) the information on the trend of import volume of the product under investigation;   
 
 ( e) the volume and value of the product unde r investigation imported into Malaysia 
during the imposition of the definitive safeguard measure;   
  ( f) the information as to the likelihood of the sale for importation into Malaysia of the 
product under investigation, if the product under investigation is not imported into 
Malaysia;   
  ( g) any factual information and documentary ev idence relevant to the increased imports 
and serious injury or threat of serious injury to the domestic industry;   
 
 ( h) the names and addresses of importers who the petitioner believes are importing or are 
likely to import, if there is any change  on the information submitted in paragraph 
3(1)(f);   
  ( i) the causal link between the increased impor ts of the product under investigation and 
the serious injury or threat of serious injury to the domestic industry;   
  ( j) the evidence of adjustment made by the industry;   
  ( k) the adjustment plan and relief measures fo r the proposed duration of the extension of 
definitive safeguard measure to allo w domestic industry to recover its 
competitiveness;   
  ( l) any other factual information which the petitioner relies upon;  and  
  ( m) any other information which the Government may request.   
 
 (3) In relation to paragraphs (2)( e) and ( g), a petitioner shall include factual information 
on all relevant factors of an objective and quantif iable nature having a bearing on the situation 
of that domestic industry, in particular, the ra te and amount of the increase in imports of the 
product under investigation in absolute and relativ e terms, share of domestic market taken by 
increased imports, changes in the level of sales,  production, profits and losses, productivity, 
capacity utilisation and employment.   
  (4) If the petitioner fails to comply with subr egulations (2) and (3), the Government may 
disregard the request for extensi on under subregulation 22(1).   
 
 (5) The petitioner shall submit to the Trad e Practices Section of the Ministry of 
International Trade and Industry with the request for extension a non-confidential summary of 
such request, which can be released to public.   
 G/SG/N/1/MYS/2 
Page 22  
 
   (6) The Government shall not consider an y factual information in the request for 
extension for which the petitioner requests confidential treatment unless the petitioner 
complies with section 19 of the Act.   
  (7) Subject to subregulation (8), a petitioner may, within thirty days of initiation of the 
review, make amendments to the request for extension.  
  (8) The Government may refuse any amendmen t where the Government determines that 
the amendment would seriously impede or disrupt the investigation.  
 
 
PART VII 
 
PUBLIC HEARING 
 Public hearing 
 
21. (1) Any participating interested party may, w ithin thirty days from the date of initiation 
of the investigation, file a written applica tion for a public hearing addressed to the Trade 
Practices Section of the Ministry of International Trade and Industry.   
 
 (2) The Government shall hold the hearing not  later than sixty days after receipt of a 
written application under subregulation (1).   
  (3) The Government shall decide on the date and time of the hearing within fifteen days 
from the date of receipt of the written applicati on and shall notify the party of its decision.  
 
 (4) Notwithstanding subregulation (1), the Government may hold the hearing on its own 
initiative.   
  (5) Where the Government holds the hear ing on its own initiative, it shall notify the 
participating interested party in advance, and apply the relevant pr ovisions of the Regulations.   
 
 (6) The written application referred to in s ubregulation (1) shall contain the following 
information:   
  ( a) the name, address and relevant information of the participating interested party;  and  
 
 ( b) the reason for requesting the hearing.   
  (7) The participating interested party shall be present or be represented on such date 
stated in the notice issued pursuant to subre gulation (3) or (5), as the case may be, and shall 
submit a summary of the written presentation and relevant evidence at the hearing.   
 
 (8) The hearing shall be presided over by the Government.     (9) The Government shall maintain  a record of the hearing.   
 
 (10) The hearing may be postponed or cancelled under any one of the following 
circumstances:   
  ( a) where the participating interested party re quests for the hearing to be postponed or 
cancelled;   
  G/SG/N/1/MYS/2 
 Page 23 
 
 
   ( b) where the investigation for a safeguard measure is terminated;  or  
  ( c) any other reasons the Government thinks fit.   
  (11) The Government shall give a notificat ion of the postponement or cancellation of the 
hearing to the participating interested party.   
  (12) Either the national language or the Englis h language shall be used in the hearing.   
  (13) Where the hearing involves confidential information, the Government may hold such 
hearing in such a manner so as to ensure the conf identiality of the information disclosed at the 
hearing.   
  
PART VIII 
 
GENERAL 
 
Submission of written information  
 
22. (1) Any interested party may submit a ny information in writing relevant to the 
investigation or review within a reasonable tim e for the consideration of the Government.   
  (2) Such parties shall provide to the Govern ment five copies of the confidential version 
of the submission and three copies of the non-confidential version thereof.   
 
 (3) Any document submitted which is in a foreign language shall be accompanied by a 
translation in the national language  or the English language.   
  (4) The Government may require submission of factual information on any data storage 
medium compatible with the computer system s used by the Government as notified by the 
Government unless the Government is satisfied th at such party who submits such information 
does not maintain records in computerised form  or cannot supply the requested information in 
computer format without unreasonable a dditional burden in time and expense.   
  (5) Where an interested party submits to th e Trade Practices Section of the Ministry of 
International Trade and Industry with such information a non-confidential summary of any 
information, the Trade Practices Section of th e Ministry of International Trade and Industry 
may release such information to the public.   
  (6) The Government shall not consider any such information for which the party requests 
confidential treatment unless the party complies with section 19 of the Act.   
 
 
Verification of information  
 
23. (1) Where the Government decides to veri fy the accuracy of any information submitted 
during an investigation or review, the Government shall:   
 
 ( a) inform the interested party concerned of its intention to carry out a verification visit;   
  ( b) obtain a written agreement of the interested party concerned to the verification visit;  
and  G/SG/N/1/MYS/2 
Page 24  
 
   ( c) advise the participating interested party con cerned of the nature of the information to 
be verified during the verification vis it and any further information that the 
participating interested party concerned may need to provide during the visit although 
this should not preclude requests being made  during the verification visit for further 
details to be provided in relation to the information obtained.   
 
 (2) The Government may request access to all files, records and personnel that the 
Government considers relevant to  the investigation or review.  
  (3) Where the Government decides that it is  impractical to verify relevant factual 
information for each party due to the large number of the participating inte rested party, or any 
other reason, the Government may select and verify samples covering a major proportion of 
production of the like product or directly co mpetitive product or importation of the product 
under investigation.   
 
 (4) Where the Government decides not to conduct a verification visit, the Government 
may request for the interested parties to subm it copies of the original documents upon which 
the information was based or statements from independent auditors as to the accuracy and 
completeness of the submitted factual informa tion or may use any other methods it deems 
reasonable. 
 
 
Made 6 November 2007 [MITI/ID/(S)/AP/SG Jld.2;  PN(PU
2)647] 
 
DATO' SERI RAFIDAH AZIZ 
Minister of International Trade and Industry 
 
  
__________