WORLD TRADE
ORGANIZATIONG/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
22 May 2000
(00-2073)
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
MALAYSIA
Addendum
The following communication, dated 10 May 2000, has been received from the Permanent
Mission of Malaysia.
_______________
(a) Act A 1046 – Countervailing and Ant-Dumping Duties (Amendment) Act 1998;  and
(b) Countervailing and Anti-Dumping Duties (Amendment) Regulations 1999.
With reference to Article 18.5 of the Agreement on the Implementation of Article VI of the
GATT 1994 and Article 32.6 of the Agreement on Subsidies and Countervailing Measures, Malaysia
submits herewith the Countervailing and An ti-Dumping Duties Act (Amendment) 1998 (Act A1046)
and Countervailing and Anti-Dumping Duties (A mendment) Regulations 1999 (P.U. (A) 488/99).
Explanatory Notes
The Malaysian Countervailing and Anti-Dumping Duties Act 1993 (Act 504) and the
Countervailing and Anti-Dumping Duties Regulations  1994 (P.U. (A) 233/94), the principal Act and
Regulations, came into force on 15 July 1993 and 28 April 1994 respectively i.e. before the
implementation of the WTO Agreement on Anti-Dumping and Agreement on Subsidies and
Countervailing Measures.  Hence, several provisions of the Act and the Regulations need to be
amended to bring them into conformity with the WTO Agreements.
The amendments to the Act have been passed by the Parliament and given Royal Assent on
28 December 1998.  Subsequently, the Minister of International Trade and Industry, Malaysia has
approved amendments to the Regulations on 10 November 1999.
Both the Amendment Act  (Act A1046) and the Amendment Regulations (P.U. (A) 488/99)
have come into operation on 1 December 1999 except the amendments in section 3 of that Act which
provide for the insertion of paragraphs 2C(b) and 2C(c) into  Act 504.G/ADP/N/1/MYS/1/Add.1
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LAWS OF MALAYSIA
Act A1046
COUNTERVAILING AND ANTI-DUMPING DUTIES
(AMENDMENT) ACT 1998
An Act to amend the Countervailing and Anti-Dumping Duties Act 1993.
[               ]
ENACTED  by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This Act may be cited as the Countervailing and Anti-Dumping Duties (Amendment)
Act 1998.
(2) This Act shall come into operation on a date to be appointed by the Minister by
notification in the Gazette, and the Minister may appoint different dates for different provisions of this
Act.
Amendment of section 2
2.  The Countervailing and Anti-Dumping Duties Act 1993 [Act 504], which in this Act is
referred to as the "principal Act", is amended in section 2  -
(a) in subsection (1) -
(i) by deleting the definition of "comparable merchandise";
(ii) by inserting before the definition of "domestic industry" the following
definitions:
'"country" includes a customs union or customs territory that possesses full
autonomy in the conduct of its external commercial relations and of the othermatters provided for in the World Trade Organization Agreement;
"de minimis "-
(a) in relation   to subsidy means the amount of the subsidy in relation to the
imports from the country under investigation is less than one per centum
ad valorem ; and
(b) in relation to dumping means the margin of dumping is less than two per
centum, expressed as a percentage of the export price;';
(iii) by substituting for the definition of "domestic industry" the following definition:
`"domestic industry" means -G/ADP/N/1/MYS/1/Add.1
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(a) the domestic producers as a whole of the like product;
(b) the domestic producers whose collective output of the like product
constitutes a major proportion of the total domestic production of the like
product; or
(c) where appropriate, the regional producers of the like product:
Provided that when any of the producers referred to in paragraphs (a), (b)
and (c) are related to the exporters or importers, or are themselvesimporters of the subject merchandise or, in relation to Part II, are importers
of a like product from other countries, the expression "domestic industry"
may be construed as referring to the rest of the producers referred to in
paragraph (a), (b) or (c), as the case may be, other than such related
producers or producers who are importers;';
(iv) by inserting after the definition of " domestic industry" the following definition:
`"dumping" means the importation of merchandise into Malaysia at less
than its normal value as sold in the domestic market of the exportingcountry;';
(v) in the definition of "dumping margin" by substituting for the words "the subject
merchandise exceeds its" the words "a merchandise exceeds the";
(vi) in the definition of "exporting country" by substituting for paragraph (b) the
following paragraph:
"(c) in cases where the subject merchandise is not exported  directly to
Malaysia but is transhipped through an intermediate country -
(i) where the subject merchandise is not substantially transformed in the
intermediate country, the country of origin of the subject
merchandise;
(ii) where the subject merchandise is substantially transformed in the
intermediate country, the intermediate country;";
(vii) by inserting after the definition of "exporting country" the following definitions:
`"General Agreement on Tariffs and Trade 1994" means the General Agreement
on Tariffs and Trade 1994 set out in  Annex 1A to the World Trade OrganizationAgreement;
"Government" means the Government of Malaysia;"injury" means material injury or threat of material injury to the domestic
industry or material retardation of the establishment of such an industry;';
(viii) in the definition of "interested party" -G/ADP/N/1/MYS/1/Add.1
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(A) by deleting the word "or" at the end of paragraph (d);
(B) by inserting the word "or" at the end of paragraph (e); and
(C) by inserting after paragraph (e) the following paragraph:
"(c) any other party as the Government considers appropriate;";
(ix) by substituting for the definition of "like product" the following definition:
`"like product" means a product that is identical or alike in all respects to the
subject merchandise or,in the absence of such a product, another product that
although not alike in all respects has characteristics closely resembling the
subject merchandise;';
(x) by inserting after the definition of "l ike product" the following definition:
`"Member" means a Member to the World Trade Organization Agreement;';
(xi) by inserting after the definition of "Minister" the following definition:
` "negligible"  -
(a) in relation to a countervailing duty action, in the case of a developing
country Member, means the volume of imports of the subject merchandise,
actual or potential, from a particular developing country Member intoMalaysia accounts for less than four per centum of the total imports of the
like product unless developing country Members that individually account
for less than four per centum of the imports of the like product into
Malaysia collectively account for more than nine per centum of the total
imports of the like product into Malaysia; and
(b) in relation to an anti-dumping duty action means the volume of imports of
the subject merchandise, actual or potential, from a particular country into
Malaysia accounts for less than three per centum of the total imports of the
like product unless countries that individually account for less than three
per centum of the imports of the like product into Malaysia collectively
account for more than seven per centum of the total imports of the likeproduct into Malaysia;';
(xii) by substituting for the definition of "non-market economy country" the following
definition:
`"non-market economy country" means any foreign country that the Government
determines operates on a centrally-planned economy and not on market
principles of cost or pricing structures or free-enterprise economy;';
(xiii) by substituting for the definition of "regional producers" the following definition:
`"regional producers" means the domestic producers of the like product located
in a specific regional market within Malaysia where in exceptional circumstances
there are two or more competitive markets within Malaysia for the production inG/ADP/N/1/MYS/1/Add.1
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question and in such case, the producers of the like product within each market
may be regarded as a separate industry if  -
(a) the producers within each market sell all or almost all of their production
of the merchandise in question within that market; and
(b) the demand in each market is not to any substantial degree supplied by
producers of the merchandise in question located elsewhere in Malaysia;';
(xiv) by deleting the definition of "Tribunal";
(xv) in the  definition of "undertakings" by substituting for the full stop a semicolon;
and
(xvi) by inserting after the definition of "undertakings" the following definitions:
`"World Trade Organization" means the World Trade Organization established
by the World Trade Organization Agreement;
World Trade Organization Agreement" means the Marrakesh Agreement
Establishing the World Trade Organization done at Marrakesh on
15 April 1994.';
(b) by deleting subsection (2);
(c) by deleting subsection (4); and
(d) in subsection (5) -
(i) by substituting for the word "unless" the words "provided that";(ii) by inserting after the word "believing" the words "or suspecting"; and(iii) by substituting for the words "such related parties will not" the words "the effect
of the relationship is such as to cause the party concerned to".
New Part IA
3. The principal Act is amended by inserting after Part I the following Part:
"PART IA
SUBSIDIES
Subsidy 2A. For the purposes of this Act, "subsidy", in relation to merchandise that  is
imported  into  Malaysia, means
(a) a financial contribution by a government  or a public body, or by a  private body
entrusted or directed by the government or public body to carry out aG/ADP/N/1/MYS/1/Add.1
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governmental function, that is made in connection with the production,
manufacture or export of the merchandise and that involves one or more of the
following:
(i) a direct transfer of funds from the government or public body or private
body to the enterprise by whom the merchandise is produced,
manufactured or exported (after this referred to as "the enterprise");
(ii) a potential direct transfer of funds from the government or public body or
private body to the enterprise contingent on the occurrence of particular
circumstances;
(iii) the acceptance of liabilities, actual or potential, of the enterprise by the
government or public body or private body;
(iv) the forgoing, or non-collection, of revenue (other than an allowable
exemption or remission) due to the government or public body or privatebody from the enterprise
(v) the provision by the government or public body or private body of goods
or services to the enterprise other than general infrastructure;
(vi) the purchase by the government or public body or private body of goods
provided by the enterprise;
(vii) the making of payments to a funding mechanism by the government or
public body; or
(b) any form of income or price support as specified in Article XVI of the General
Agreement on Tariffs and Trade 1994 that is received from a government or
public body, if that financial contribution or income or price support confers a
benefit in relation to the merchandise.
Prohibited
subsidy2B. The following subsidies  shall be prohibited:
(a) subsidies contain-gent, in law or in fact, whether solely or as one of several other
conditions, upon export performance, including those as may be prescribed; and
(b) subsidies contingent, whether solely or as one of several other conditions, upon
the use of domestic over imported merchandise.
Actionable
subsidy2C.  A subsidy that causes the following adverse effects to the domestic interest shall
be subject to countervailing measures under this Act:
(a) injury to the domestic industry;
(b) nullification or impairment of benefits accruing directly or indirectly under the
General  Agreement on Tariffs and Trade 1994, in particular the benefits of
concessions bound under Article II of the General Agreement on Tariffs and
Trade 1994; or
(c) serious prejudice to domestic interests:G/ADP/N/1/MYS/1/Add.1
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Provided that this subsection shall not apply to subsidies maintained on
agricultural products as provided in Article 13 of the Agreement on Agriculture set out in
Annex 1A to the World Trade Organization Agreement.
Non-
actionablesubsidy2D. The  following subsidies  shall be regarded as non-actionable subsidies and shall
not be subject to countervailing duties under this Act:
(a) subsidies that are not specific within the meaning of subsection 3(2); and(b) subsidies that are specific within the meaning of sub-section 3(2) but meet all the
prescribed conditions.
Calculation
of subsidy2E. Subsidy shall be calculated in the prescribed manner.".
Substitution of section 3
4. The principal Act is amended by substituting for section 3 the following section:
"Imposition
of counter-vailingduties3. (1) No countervailing duty shall be imposed except in accordance with this
Act.
(2) A subsidy as specified in section 2A shall be  subject  to countervailing
duties as provided under this Act only if the subsidy is specific, as may be
prescribed, and is not a non-actionable subsidy.
(3) The amount of the countervailing duty to be imposed shall be calculated in
accordance with the method as may be prescribed.".
Substitution of section 4
5. The principal Act is amended by substituting for section 4 the following section:
"Initiation
ofinvestiga-tion4. (1) The Government may initiate an investigation to determine the existence,
degree and effect of any alleged subsidy upon the submission of a written petition by or
on behalf of the domestic industry producing the like product.
(2) A petition under subsection (1) shall contain such information as may be
prescribed and shall include sufficient evidence of the existence of a subsidy and injury
and a causal link between the imports of the subject merchandise and the alleged injury.
(3) The Government shall, within the pr escribed period, examine the petition and
other available information and evidence to determine whether –
(a) the evidence is sufficient to justify the initiation of an investigation;(b) there is a sufficient degree of support for or opposition to the petition
expressed by the domestic industry; and
(c) an investigation is in the public interest.G/ADP/N/1/MYS/1/Add.1
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(4) A petition under sub-section (1) shall be immediately rejected if the Government
is satisfied that -
(a) there is no sufficient evidence of either subsidization or of injury to justify
the initiation of a countervailing duty investigation, such as but not limited
to cases where the amount of a subsidy is de minimis or where the volume
of imports of the subject merchandise, actual or potential, or the injury, is
negligible; or
(b) an investigation is not in the public interest.
(5) Where the Government rejects a petition under subsection (4), the Government
shall, as soon as practicable, notify the petitioner in writing of its determination not to
initiate an investigation.
(6) Notwithstanding subsection (1) the Government may, in special circumstances,
initiate a countervailing duty investigation on its own accord without having received a
written petition by or on behalf of the domestic industry for the initiation of such
investigation if it has sufficient evidence of each of the matters specified in
subsection (2).
(7) Where the Government decides to initiate an investigation under subsection (1)
or subsection (6), it shall notify the appropriate interested parties and publish a notice of
initiation of investigation.
(8) Evidence of both subsidy and injury shall be considered simultaneously in the
decision whether to initiate an investigation and after that during the course of the
investigation, starting on a date not later than the earliest date the provisional measures
may be applied.
(9) The Government shall not disclose any petition made under this section unless
the Government has made a decision to initiate an investigation.".
Amendment of section 5
6. Section 5 of the principal Act is amended -
(a) in subsection (1), by inserting after the word "provide" the words "the Members the
merchandise of which are subject to investigation and"; and
(b) by inserting after subsection (2) the following subsections:
"(3) No affirmative determination whether preliminary or final shall be made without
reasonable opportunity for consultations having been given.
(4) The consultations referred to in subsec tion (1) may establish the basis for proceeding
under section 4.
(5) The Government shall also permit, upon request, the Members the merchandise of
which are subject to investigation access to non-confidential evidence, including the non-G/ADP/N/1/MYS/1/Add.1
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confidential summary of confidential information, being used for initiating or conducting the
investigation.".
New section 7A
7. The principal Act is amended inserting after section 7 the following section:
"Injury and
causal link.7A. (1)  A determination of injury for the purpose of a countervailing duty investigation
under this Act shall be based on relevant evidence and shall involve an objective
examination of both the volume of imports of the subject merchandise and the effect ofthe subject merchandise on prices in the domestic market for like products and the
consequent impact of these imports on the domestic producers of such products.
(2) For the purposes of this Act, it shall be demonstrated that the subject
merchandise is, through the effects of subsidies, causing injury.
(3) The demonstration of a causal relationship between the subject merchandise and
the injury to the domestic industry shall be based on an examination of all relevantevidence available to the Government.
(4) The Government shall also examine any known factors other than the subject
merchandise that at the same time are injuring the domestic industry and the injuries
caused by these other factors shall not be attributed to the subject merchandise.
(5) A determination of a threat of material injury shall be based on facts and not
merely on allegation, conjecture or remote possibility.
(6) In making a determination regarding the existence of a threat of material injury,
the Government shall consider such factors as may be prescribed.
(7) In cases where injury is threatened by the subject merchandise, the application of
countervailing measures shall be considered and decided with special care.".
Amendment of section 8
8. Section 8 of the principal Act is amended  -
(a) in subsection (1)  -
(i) in paragraph (a), by inserting after the  word  "merchandise"  the words "and the
amount of such subsidy"; and
(ii) in paragraph (b), by substituting for s ubparagraphs (i), (ii) and (iii) the following
subparagraphs respectively:
"(i) the subject merchandise, through the effects of the subsidy, is causing material
injury to the domestic industry in Malaysia producing the like product;G/ADP/N/1/MYS/1/Add.1
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(ii) the subject merchandise, through the effects of the subsidy, is threatening to
cause material injury to the domestic industry in Malaysia producing the like
product; or
(iii) the subject merchandise, through the effects of the subsidy, is causing material
retardation of the establishment of such an industry in Malaysia."; and
(b) in subsection (3)  -
(i) by substituting for the comma at the end of paragraph (b) a full stop; and
(ii) by deleting the words "and apply such provisional measures, if necessary.".
Amendment of section 10
9. Section 10 of the principal Act is amended -
(a) in subsection (1)  -
(i) in paragraph (a), by deleting the comma  after the word "merchandise"; and(ii) in paragraph (b), by substituting for s ubparagraphs (i),(ii) and (iii) the following
subparagraphs respectively:
"(c) the subject merchandise, through the effects of the subsidy, is causing material
injury to the domestic industry in Malaysia producing the like product;
(ii) the subject merchandise, through the effects of the subsidy, is threatening
to cause material injury to the domestic industry in Malaysia producing the
like product; or
(iii) the subject merchandise, through the effects  of the subsidy, is causing
material retardation of the establishment of such an industry in Malaysia.";
(b) by substituting for subsection (2) the following subsection:
"(2) The Government shall, before making a final determination, inform all interested
Members and interested parties of the essential facts under consideration that form the basis for the
decision whether to apply definitive measures.";
(c) by inserting after subsection (2) the following subsection:
"(2A) A disclosure under subsection (2) shall be  made in sufficient time for all interested
Members and interested parties to defend their interests.";
(d) in paragraph (4)(b), by substituting for the words "subsection 3(2)" the words
"subsection 3(3)";
(e) by inserting after subsection (4) the following subsection:G/ADP/N/1/MYS/1/Add.1
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"(4A) Where an affirmative final determination has been made, the Government may take
into consideration public interest in determining whether to impose countervailing duties and the
amount of such duties.";
(f) by inserting after subsection (5) the following subsection:
"(5A) Notwithstanding subsection (5), where a determination of threat of injury or material
retardation is made but no injury has occurred, a definitive countervailing duty may be imposed only
from the date of the determination of the existence of a threat of injury or material retardation, and
any security submitted during the period of the application of provisional measures shall be released
immediately.";
(g) by inserting after subsection (7) the following subsection:
"(7A) No countervailing duties shall be imposed retroactively under subsection (7) on
merchandise entered for consumption before the date of initiation of the investigation.";
(h) in subsection (8) -
(i) by substituting for the words "on a country-wide and" the words "in each case on a";
and
(ii) by inserting after the words "subsidizing the subject merchandise" the words "causing
injury"; and
(i) by inserting after subsection (8) the following subsection:
"(9) Provisional measures and definitive countervailing duties shall only be applied to subject
merchandise that enters for consumption after the time when the decision under subsection 9(1) or
10(4), as the case may be,  enters into force.".
Amendment of section 11
10. Subsection 11(1) of the principal Act is amended -
(a) by deleting the word "or" at the end of paragraph (a);
(b) by substituting for the comma at the end of paragraph (b)a semicolon;
(c) by inserting after paragraph (b) the following paragraphs:
"(c) the Government is satisfied that there is no sufficient evidence of subsidization or
injury to justify proceeding with the investigation;
(d) the amount of subsidy  is de minimis  or the volume of imports of the subject
merchandise, actual or potential, or the injury, is negligible; or
(e) the Government determines that termination of the investigation is in the public
interest.";  andG/ADP/N/1/MYS/1/Add.1
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(d) by deleting the words "provided that the Gove rnment determines that such termination is in
the public interest.".
Amendment of section 12
11.  Section 12 of the principal Act is amended -
(a)  in subsection (2) -
(i) by deleting the words "such undertakings"; and(ii) by substituting for paragraphs (a), (b) and (c) the following paragraphs:
"(a) the undertakings -
(i) will eliminate the subsidy or the in jurious effects caused by the subject
merchandise; and
(ii) can be monitored effectively; or
(b) the undertakings are in the public interest.";
(b) by substituting for subsection (3) the following subsection:
"(3) Undertakings shall not be sought or accepted unless the Government has made a
preliminary affirmative determination of subsidization and injury caused by such subsidization and, in
the case of undertakings from exporters, has obtained the consent of the exporting Member.";
(f) in subsection (5), by substituting for the word "may" the word "shall";(g) in subsection (6), by deleting the words "or for any other reason,";
(h) in subsection (7) -
(i) by deleting the words "or for any other reason,"; and(ii) by substituting for the words "in circumstances referred to in subsection (8)" the words
"where the negative determination is due in large part to the existence of the
undertakings";
(i) in subsection (8), by inserting after the  word "maintained" the words "for a reasonable
period";
(j) by inserting after subsection (8) the following subsections:
"(8A) The Government may suggest for price undertakings to be provided by exporting
Members or exporters, but no exporter shall be obliged to enter into such undertakings.
(8B)The fact that the exporting Members or exporters do not offer price undertakings, or do
not accept an invitation to do so, shall in no way affect the consideration of the case.G/ADP/N/1/MYS/1/Add.1
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(8C) Notwithstanding sub-sections (8A) and (8B) , the Government shall be free to determine
that a threat of injury is more likely to be realized if the importation of the subject merchandise
continues.
(8D) The Government may require any exporting Member or exporter from whom an
undertaking has been accepted to provide, periodically, information relevant to the fulfilment of such
undertaking and to permit verification of pertinent information.
(8E) Non-compliance with sub-section (8D) shall be construed as a breach of the
undertaking."; and
(h) in subsection (10) -
(i) by deleting paragraph (a); and(ii) in paragraph (b), by inserting after the words "section 9" the words ", if appropriate".
New section 12A
12. The principal Act is amended by inserting after section 12 the following section:
"Duration of duty "12A. A countervailing duty imposed  under this Act shall remain in force only for
as long as and to the extent necessary to counteract the subsidization that is causing
the injury.".
Amendment of section 13
13. Section 13 of the principal Act is amended -
(a) in subsection (1) -
(i) by deleting the word "appropriate";
(ii) in paragraph (c)  -
(A) by substituting for the word "modified" the word "revised"; and(B) by deleting the word "or" at the end of that paragraph;
(iii) in paragraph (d)
(A) by inserting after the word "duty" the words "or undertaking"; and
(B) by substituting for the comma at the end of that paragraph the words "; or";
(iv) by inserting after paragraph (d) the following paragraph:
"(e) an administrative review is in the public interest,"; andG/ADP/N/1/MYS/1/Add.1
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(v) by deleting the words "if the Government de termines that such review is in the public
interest";
(b) by substituting for subsection (6) the following subsection:
"(6) No countervailing duty shall be collected on imports made after five years from the
date of its imposition, or five years from the date of the conclusion of the most recent
administrative review under subsection (1) that covered both subsidy and injury, and
undertakings shall automatically lapse with respect to imports made after five years from the
date of publication of the notice of suspension of the investigation, unless the Government
determines, in an administrative review initiated before that date on the Government's owninitiative or upon a duly substantiated request made by or on behalf of the domestic industry
within a reasonable period of time before that date, that the expiry of the duty or undertaking
would be likely to lead to a continuation or recurrence of subsidization and injury."; and
(c) by inserting after subsection (6) the following subsections:
"(7)  A countervailing duty duly imposed under this Act may remain in force pending the
outcome of an administrative review under this section.
(8)  An interested party who submits relevant information substantiating the need for an
administrative review shall have the right to request for an administrative review by the
Government to determine one or more of the following:
(a) whether the continued imposition of the countervailing duty is necessary to offset
subsidization;
(b) whether the injury would be likely to continue to recur if the duty were removed
or varied:
Provided that the period specified in subsection (6) has lapsed since the imposition of the
definitive countervailing duty.".
New sections 13A and 13B
14. The principal Act is amended by inserting after section 13 the following sections:
"Refund review 13A. (1) Without prejudice to section 13, an importer may request for a refund of
the countervailing duties paid where the importer can show that the amount of the
countervailable subsidy on the basis of which the countervailing duties were imposed
has been either eliminated or reduced to a level that is below the level of the
countervailing duties in force.
(2) A request for a refund review shall be submitted in writing to the
Government and shall contain  -
(a) a list of all entries of the subject merchandise into Malaysia for
which the refund review is requested; and
(b) all relevant evidence to show that the importer is entitled to a
refund on each such entry.G/ADP/N/1/MYS/1/Add.1
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(3) Where, on the completion of a refund review under this section, the
Government determines that  -
(a) a refund of the countervailing duty, wholly or partly, is
appropriate;
(b) no countervailing duty should have been imposed; or(c) the countervailing duty that was imposed is higher than the
countervailing duty that should have been imposed in thecircumstances,
the Government shall refund such amount of the countervailing duty collected as it
deems fit.
(4) A refund under subsection (3) shall, as far as practicable, be made
within ninety days from the date of the determination of the refund review.
(5) A finding in the refund review that no countervailing duty should have
been imposed shall not by itself require the Government to terminate the definitivecountervailing duty.
Expedited
review13B. (1) An exporter or producer whose exports of the subject merchandise are
subject to a definitive countervailing duty but who was not actually investigated for
reasons other than a refusal to co-operate shall be entitled to an expedited  review inorder that the Government may immediately establish an individual countervailing
duty rate for the exporter or producer.
(2) No countervailing duty shall be imposed on imports from the exporters
or producers referred to in subsection (1) while the review is being carried out.
(3) Notwithstanding subsection (2), the Government may withhold an
appraisement or request guarantees to ensure that, should a review under
subsection (1) result in a determination of subsidization and injury caused thereby in
respect of exports of the subject merchandise into Malaysia by the exporters orproducers referred to in subsection (1), countervailing duties may be imposed
retroactively to the date of the initiation of the review.".
Substitution of section 14
15. The principal Act is amended by substituting for section 14 the following section:
"Developing
countrymember14.  Notwithstanding any other provisions of this Act, countervailing duty
proceedings against exporters or producers from developing country Members of the
World Trade Organization shall be carried out in such manner as may be prescribed.".G/ADP/N/1/MYS/1/Add.1
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Page 16
Amendment of section 15
16. Section 15 of the principal Act is amended -
(a) by substituting for subsection (1) the following subsection:
"(1)  No anti-dumping duty shall be imposed except in accordance with this Act."; and
(b) in paragraph (2)(b), by deleting the words "determined in paragraph (1)(b)".
Amendment of section 16
17. Section 16 of the principal Act is amended -
(a) in subsection (1), by substituting for the words "comparable merchandise" the  words "the like
product";
(b) in subsection (2) -
(i) by substituting for the word "either" the word "determined"; and(ii) by substituting for paragraphs (a) and (b) the following paragraphs respectively:
"(a) by comparison with a comparable price of the like product when exported to an
appropriate third country provided that the comparable price is representative; or
(b) by constructing the value of the subject merchandise by adding cost of
production in the country of origin plus a reasonable amount for selling,
administrative and other general expenses and for profits.";
(c) by substituting for subsections (3), (4 ), (5) and (6) the following subsections
respectively:
"(3) If there are reasonable grounds for believing or suspecting that a sale of the like product
under subsection (1) or paragraph (2)(a) is at a price below unit production costs (fixed and variable)
plus selling, administrative and other general expenses, the sale may be treated as not having been
made in the ordinary course of trade by reason of price and may be disregarded in determining normalvalue only if the Government determines that such sale was made within an extended period of time
in substantial quantities and is at a price that  does not provide for the recovery of all costs within a
reasonable period of time.
(4) If the price of a sale referred to in sub-section (3) is above the weighted average per
unit cost for the period of investigation, such price shall be considered to provide for the recovery of
costs within a reasonable period of time.
(5) For the purpose of this section, the amount for selling, administrative and other general
expenses and for profits shall be based on actual information pertaining to production and sales in theordinary course of trade of the like product by the exporter or producer under investigation.
(6) If the amount referred to in subsection (5 ) cannot be determined on the basis specified
in that subsection, the amount may be determined on any of the following basis:G/ADP/N/1/MYS/1/Add.1
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Page 17
(a) the weighted average of the actual amount incurred and realized by other exporters or
producers subject to investigation in respect of production and sales of the like product
in the domestic market of the country of origin;
(b) the actual amount incurred and realized by the exporter or producer in question in
respect of production and sales in the domestic market of the country of origin of the
same general category of products; or
(c) any other reasonable method, provided that the amount for profits so established shall
not exceed the profit normally realized by other exporters or producers on the sale ofproducts of the same general category in the domestic market of the country of origin.";
and
(d) by inserting after subsection (6) the following subsections:
"(7) For the purpose of this section, production costs shall be calculated on the basis of
records kept by the exporter or producer under investigation, provided that such records are in
accordance with the generally accepted accounting principles of the exporting country concerned and
reasonably reflect the costs associated with the production and sale of the subject merchandise.
(8) The Government shall consider all available evidence on the proper allocation of costs,
including any evidence that is made available by the exporter or producer in the course of the
investigation, provided that it is shown that such allocations have historically been utilized by the
exporter or producer, in particular in relation to establishing appropriate amortization and depreciation
periods and allowances for capital expenditures and other development costs.".
Amendment of section 17
18. Subsection 17(2) of the principal Act is amended -
(a) by substituting for the words "it appears that" the words "there is no export price or where it
appears that the export price is unreliable because"; and
(b) by deleting the words "or that for other reasons the price actually paid or payable for the
subject merchandise is unreliable,".
Substitution of section 18
19. The principal Act is amended by substituting for section 18 the following section:
"Comparison of
normal value and
export price18. (1) A fair comparison shall be made between the export price and the
normal value.
(2) The comparison shall be made at the same level of trade, normally at
ex-factory level, and in respect of sales made at as nearly as possible the same timeand due account shall be taken of other differences that affect price comparability.
(3) Where the normal value and the export price as established are not
on a comparable basis, due allowance, in th e form of adjustments, shall be made inG/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 18
each case, on its merits, for differences in factors that are claimed, and
demonstrated, to affect prices and price comparability.
(4) If the determination of the export price under subsection 17(2)
affects price comparability, the Government shall establish the normal value at a
level of trade equivalent to the level of trade of the constructed export price, or
shall make due allowance as provided under this section.
(5) In a case where the subject merchandise is not imported directly
from the country of origin but is exported from an intermediate country, the price
at which the subject merchandise is sold from the exporting country to Malaysiashall be compared with the comparable price in the exporting country.
(6) Notwithstanding subsection (5), comparison may be made with the
price in the country of origin if  -
(a) the subject merchandise is merely transhipped through the exporting
country;
(b) the subject merchandise is not produced in the exporting country; or
(c) there is no comparable price for the subject merchandise in the
exporting country.
(7) Where an exporter or importer claims for an adjustment under
subsection (3), it shall prove that its claim is justified.
(8) The Government shall indicate to the parties in question the
information that is necessary to ensure a fair comparison.".
Substitution of section 20
20. The principal Act is amended by substituting for section 20 the following section:
"Initiation of
Investigation20. (1) The Government may initiate an investigation to determine the
existence, degree and effect of any alleged dumping upon the submission of a
written petition by or on behalf of the domestic industry producing the like
product.
(2) A petition under subsection (1) shall contain such information as
may be prescribed and shall include sufficient evidence of the dumping and injuryand a causal link between the imports of the subject merchandise and the alleged
injury.
(3) After receipt of a petition under subsection (1) but before proceeding
under subsection (4), the Government shall notify the government of the exportingcountry of the receipt of the petition.
(4) The Government shall, within the prescribed period, examine the
petition and other available information and evidence to determine whether -G/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 19
(a) the evidence is sufficient to justify the initiation of an investigation;
(b) there is a sufficient degree of support for or opposition to the
petition expressed by the domestic industry; and
(c) an investigation is in the public interest.(5) A petition under sub-section (1) shall be immediately ejected if the
Government is satisfied that -
(a) there is no  sufficient evidence of either dumping or of injury to
justify the initiation of an anti-dumping duty investigation, such as
but not limited to cases where the dumping margin is de minimis  or
where the volume of imports of the subject merchandise, actual or
potential, or the injury, is negligible; or
(b) an investigation is not in  the public interest.(6) Where the Government rejects a petition under subsection (5), the
Government shall, as soon as practicable, notify the petitioner in writing of itsdetermination not to initiate an investigation.
(7) Notwithstanding sub-section (1) the Government may, in special
circumstances, initiate an anti-dumping duty investigation on its own accord
without having received a written petition by or on behalf of the domestic industryfor the initiation of such investigation if it has sufficient evidence of each of the
matters specified in subsection (2).
(8) Where the Government decides to initiate an investigation under
sub-section (1) or subsection (7), it shall notify the appropriate interested parties
and publish a notice of initiation of investigation.
(9) Evidence of both dumping and injury shall be considered
simultaneously in the decision whether to initiate an investigation and after that
during the course of the investigation, starting on a date not later than the earliest
date the provisional measures may be applied.
(10) The Government shall not disclose any petition made under this
section unless the Government has made a decision to initiate an investigation.".
New section 22A
21. The principal Act is amended by inserting after section 22 the following section:
"Injury and causal
link22A. (1) A determination of injury for the purpose of an anti-dumping duty
investigation under this Act shall be based on relevant evidence and shall involvean objective examination of both the volume of imports of the subject merchandise
and the effect of the subject merchandise on prices in the domestic market for like
products and the consequent impact of these imports on the domestic producers of
such products.G/ADP/N/1/MYS/1/Add.1
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Page 20
(2) For the purposes of this Act, it shall be demonstrated that the subject
merchandise is, through the effects of dumping, causing injury.
(3) The demonstration of a causal relationship between the subject
merchandise and the injury to  the domestic industry shall be based on an
examination of all relevant evidence available to the Government.
(4) The Government shall also examine any known factors other than
the subject merchandise that at the same time are injuring the domestic industry
and the injuries caused by these other factors shall not be attributed to the subjectmerchandise.
(5) A determination of a threat of material injury shall be based  on
facts and  not  merely   on   allegation, conjecture or remote possibility.
(6) In making a determination regarding the existence of a threat of
material injury, the Government shall consider such factors as may be prescribed.
(7) In cases where injury is threatened by the subject merchandise, the
application of anti-dumping measures shall be considered and decided with specialcare.".
Amendment of section 23
22. Section 23 of the principal Act is amended -
(a) in subsection (1)  -
(i) in paragraph (a), by inserting after the  word  "merchandise"  the words  "and the
margin of such dumping"; and
(ii) in paragraph (b), by substituting for s ubparagraphs (i), (ii) and (iii) the following
subparagraphs respectively:
"(i) the subject merchandise, through the effects of dumping, is causing material
injury to the domestic industry in Malaysia producing the like product;
(ii) the subject merchandise, through the effects of dumping, is threatening to cause
material injury to the domestic industry in Malaysia producing the like product;
or
(iii) the subject merchandise, through the effects of dumping, is causing material
retardation of the establishment of such an industry in Malaysia."; and
(b) in subsection (3)  -
(i) by substituting for the comma at the end of paragraph (b) a full stop; and
(ii) by deleting the words "and apply such provisional measures, if necessary.".G/ADP/N/1/MYS/1/Add.1
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Page 21
Amendment of section 25
23. Section 25 of the principal Act is amended -
(a) in subsection (1) -(i) in paragraph (a), by inserting after the  word  "merchandise"  the  words "and the margin of
such dumping"; and
(ii) in paragraph (b), by substituting for s ubparagraphs (i), (ii) and (iii) the following
subparagraphs respectively:
"(f) the subject merchandise, through the effects of dumping, is causing material injury to
the domestic industry in Malaysia producing the like product;
(ii) the subject merchandise, through the effects of dumping, is threatening  to cause
material injury to the domestic industry in Malaysia producing the like product; or
(iii) the subject merchandise, through the effects of dumping, is causing material retardation
of the establishment of such an industry in Malaysia.";
(b) by substituting for subsection (2) the following subsection:
"(2) The Government shall, before making a final determination, inform all interested
parties of the essential facts under consideration that form the basis for the decision whetherto apply definitive measures.";
(c) by inserting after subsection (2) the following subsection:
"(2A) A disclosure under subsection (2) shall be made in sufficient time for all
interested parties to defend their interests.";
(d) in the national language text by renumbering the subsection appearing as the second
subsection (3) as subsection (4);
(e) by inserting after subsection (4) the following subsection:
"(4A) Where an affirmative final determination has been made, the Government may
take into consideration public interest in determining whether to impose anti-dumping duties
and the amount of such duties.";
(f) by inserting after subsection (5) the following subsection:
"(5A) Notwithstanding subsection (5), where a determination of threat of injury or
material retardation is made but no injury has occurred, a definitive anti-dumping duty may
be imposed only from the date of the determination of the existence of a threat of injury or
material retardation, and any security submitted during the period of the application ofprovisional measures shall be released immediately.";
(g) by inserting after subsection (7) the following subsection:G/ADP/N/1/MYS/1/Add.1
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Page 22
"(7A) No anti-dumping duties shall be imposed retroactively under subsection (7) on
merchandise entered for consumption before the date of initiation of the investigation.";
(h) in subsection (8)  -
(i) by substituting for the words "on a company specific basis, where practicable, and" the
words "in each case"; and
(ii) by inserting after the words "dumping the subject merchandise" the words "causing
injury"; and
(i) by inserting after subsection (8) the following subsection:
"(9) Provisional measures and definitive anti-dumping duties shall only be applied to
subject merchandise that enters for consumption after the time when the decision under
subsection 24(1) or 25(4), as the case may be, enters into force.".
Amendment of section 26
24. Subsection 26(1) of the principal Act is amended -
(a) by deleting the word "or" at the end of paragraph (a);(b) by substituting for the comma at the end of paragraph (b) a semicolon;
(c) by inserting after paragraph (b) the following paragraphs:
"(f) the Government is satisfied that there is no sufficient evidence of dumping or injury
to justify proceeding with the investigation;
(d) the dumping margin is de minimis or the volume of imports of the subject merchandise,
actual or potential, or the injury, is negligible; or
(e) the Government determines that termination of the investigation is in the public
interest."; and
(d) by deleting the words "provided that the Gove rnment determines that such termination is in
the public interest.".
Amendment of section 27
25. Section 27 of the principal Act is amended -
(a) by inserting before the word "undertakings" wherever it appears, except in subsection (2) in
the expression "such undertakings", the word "price";
(b) in subsection (2)  -
(i) by deleting the words "such undertakings"; andG/ADP/N/1/MYS/1/Add.1
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Page 23
(ii) by substituting for paragraphs (a), (b) and (c) the following paragraphs:
"(f) the price undertakings -
(i) will eliminate the dumping margin or the injurious effects caused by the
subject merchandise; and
(ii) can be monitored effectively; or
(b) the price  undertakings are in the public interest.";
(c) by substituting for subsection (3) the following subsection:
"(3) Price undertakings shall not be sought or accepted from exporters unless the
Government has made a preliminary affirmative determination of dumping and injury caused
by such dumping.";
(d) in subsection (5) -
(i) by substituting for the word "may" the word "shall"; and
(ii) by substituting for the words "intereste d foreign government" the word "exporter";
(e) in subsection (6), by deleting the words  ", or for any other reason,";(f) in subsection (7)  -
(i) by deleting the words ", or for any other reason,"; and(ii) by substituting for the words "in circumstances referred to in subsection (8)" the words
"where the negative determination is due in large part to the existence of the price
undertakings";
(g) in subsection (8), by inserting after the word "maintained" the words "for a reasonable
period";
(h) by inserting after subsection (8) the following subsections:
"(8A) The Government may suggest for price undertakings to be provided by exporters,
but no exporter shall be obliged to enter into such undertakings.
(8B)  The fact that the exporters do not offer price undertakings, or do not accept an
invitation to do so, shall in no way affect the consideration of the case.
(8C) Notwithstanding subsections (8A) and (8B), the Government shall be free to
determine that a threat of injury is more likely  to be realized if the importation of the subject
merchandise continues.
(8D) The Government may require any exporter from whom a price undertaking has
been accepted to provide, periodically,  information relevant to the fulfilment of such
undertaking and to permit verification of pertinent information.G/ADP/N/1/MYS/1/Add.1
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Page 24
(8E) Non-compliance with sub-section (8D) shall be construed as a breach of the price
undertaking."; and
(i) in subsection (10) -
(i) by deleting paragraph (a); and(ii) in paragraph (b), by inserting after the words "section 24" the words ", if appropriate".
New section 27A
26. The principal Act is amended by inserting after section 27 the following section:
"Duration of duty 27A.  An anti-dumping duty imposed under this Act shall remain in force only for as
long as and to the extent necessary to counteract the dumping that is causing theinjury.".
Amendment of section 28
27. Section 28 of the principal Act is amended -
(a) in subsection (1)  -
(i) by deleting the word "appropriate";(ii) by deleting paragraph (b);(iii) in paragraph (d) -
(A) by substituting for the word "modified" the word "revised"; and
(B) by deleting the word "or" at the end of that paragraph;
(iv) in paragraph (e)-
(A) by inserting after the word "duty" the words "or undertaking"; and(B) by substituting for the comma at the end of that paragraph   the   words  "; or";
(v) by inserting after paragraph (e) the following paragraph:
"(f) an administrative review is in the public interest,"; and
(vi) by deleting the words "if the Government determines that such review is in the public
interest";
(b) in subsection (5), by substituting for the words "Except in the case of an administrative
review for  a refund under paragraph (1)(b), any" the word "Any";
(c) by substituting for subsection (6) the following subsection:G/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 25
"(6) No anti-dumping duty shall be collected on imports made after five years from
the date of its imposition, or five years from the date of the conclusion of the most recent
administrative review under subsection (1) that covered both dumping and injury, andundertakings shall automatically lapse with respect to imports made after five years from the
date of publication of the notice of suspension of the investigation, unless the Government
determines, in an administrative review initiated before that date on the Government's own
initiative or upon a duly substantiated request made by or on behalf of the domestic industry
within a reasonable period of time before that date, that the expiry of the duty or undertaking
would be likely to lead to a continuation or recurrence of dumping and injury."; and
(d) by inserting after subsection (6) the following subsections:
"(7) An anti-dumping duty duly imposed under this Act may remain in force pending
the outcome of an administrative review under this section.
(8) An interested party who submits relevant  information substantiating the need for
an administrative review shall have the right to request for an administrative review by the
Government to determine one or more of the following:
(a) whether the continued imposition of the anti-dumping duty is necessary to offset
dumping;
(b) whether the injury would be likely to continue to recur if the duty were removed or
varied:
Provided that the period specified in subsection (6) has lapsed since the imposition of
the definitive anti-dumping duty.".
New sections 28A and 28B
28. The principal Act is amended by inserting after section 28 the following sections:
"Refund review 28A. (1) Without prejudice to section 28, an importer may request for a refund of
the anti-dumping duties paid where the importer can show that the dumping on the
basis of which the anti-dumping duties were imposed  has been either eliminated or
reduced to a level that is below the level of the anti-dumping duties in force.
(2) A request for a refund review shall be submitted in writing to the
Government and shall contain  -
(a) a list of all entries of the subject merchandise into Malaysia for which
the refund review is requested; and
(b) all relevant evidence to show that the importer is entitled to a refund on
each such entry.
(3) Where, on the completion of a refund review under this section, the
Government determines that-
(a) a refund of the anti-dumping duty, wholly or partly, is appropriate;G/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 26
(b) no anti-dumping duty should have been imposed; or
(c) the anti-dumping duty that was imposed is higher than the anti-dumping
duty that should have been imposed in the circumstances,
the Government shall refund such amount of the anti-dumping duty collected as it
deems fit.
(4) A refund under subsection (3) shall, as far as practicable, be made
within ninety days from the date of the determination of the refund review.
(5) A finding in the refund review that no anti-dumping duty should have
been imposed shall not by itself require the Government to terminate the definitive
anti-dumping duty.
"Expedited
review28B. (1)  An exporter   or producer whose exports of the subject merchandise are
subject to a definitive anti-dumping duty but who has not exported the subject
merchandise to Malaysia during the period of investigation shall be entitled to an
expedited review in order that the Government may immediately establish an
individual anti-dumping duty rate for the exporter or producer, provided that the
exporter or producer can show that the exporter or producer is not related to any of the
exporters or producers in the exporting country who are subject to the anti-dumping
duties on the subject merchandise.
(2) No anti-dumping duty shall be imposed on imports from the exporters
or producers referred to in subsection (1) while the review is being carried out.
(3) Notwithstanding subsection (2), the Government may withhold an
appraisement or request guarantees to ensure that, should a review under
subsection (1) result in a determination of dumping and injury caused thereby inrespect of exports of the subject merchandise into Malaysia by the exporters or
producers referred to in subsection (1), anti-dumping duties may be imposed
retroactively to the date of the initiation of the review.".
Substitution of section 29
29.   The principal Act is amended by substituting for section 29 the following section:
"Anti-dumping
action on behalfof third country29. (1) The Government may initiate an anti-dumping duty investigation on
third of a third country upon receipt of a written request for an anti-dumping action
from the government of the third country.
(2) The request referred to in subsection (1) shall be supported by price
information to show that the imports are being dumped and by detailed information to
show that the alleged dumping is causing injury to the domestic industry concerned in
the third country.
(3) The government of the third country shall give all assistance to the
Government to obtain any further information as may be necessary for the
investigation.G/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 27
(4) In considering a request under this section, the Government shall
consider the effects of the alleged dumping on the industry concerned as a whole in
the third country.
(5) The decision whether to proceed with an anti-dumping duty
investigation on behalf of a third country shall rest solely with the Government.
(6) If the Government decides to initiate an anti-dumping duty
investigation under this section, the Government shall obtain the approval of the
Council for Trade in Goods of the World Trade Organization before beginning theinvestigation.".
Amendment of section 30
30. Subsection 30(3) of the principal Act is amended by substituting for the words "an
administrative" the word "a".
Deletion of section 32
31. The  principal  Act  is  amended  by  deleting  section 32.
New section 34A
32. The principal Act is amended in Part V by inserting before section 35 the following section:
"Judicial
review
P.U.(A)50/8034A. (1) An interested party who is not satisfied or who is aggrieved by the
decision of the Government in relation to a final determination or a finaladministrative review determination under this Act shall have the right to refer such
matter to the High Court for judicial review in accordance with Order 53 of the Rules
of the High Court 1980.
(2) A request for judicial review shall be filed in the High Court within
thirty days after the publication of the final determination or the final administrative
review determination in question.
(3) A request for judicial review shall not be filed in the High Court unless
the final determination or final administrative review determination in question has
been published by the Government in accordance with this Act.
(4) Notwithstanding subrule 1(5) of  Order 53 of the Rules of the High
Court 1980, a request for judicial review in the High Court shall not hinder the
Government from collecting the countervailing duty or anti-dumping duty imposed
under any final determination or final administrative review determination.".G/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
Page 28
Substitution of section 35
33. The principal Act is amended by substituting for section 35 the following section:
"Cumulative
assessment35. (1)  Where imports of subject merchandise from more than one country are
simultaneously subject to countervailing or anti-dumping duty investigations, the
Government may cumulatively assess the effects of such imports.
(2) Subsection (1) shall apply only if the Government determines -
(a) that the amount of a subsidy or the margin of dumping
established in relation to the imports from each country is more
than de minimis ;
(b) that the volume of imports of the subject merchandise from each
country is not negligible; and
(c) that the cumulative assessment of the effects of the imports of the
subject merchandise is appropriate in view of the conditions of competition between
the subject merchandise, and the conditions of competition between the subject
merchandise and the  like domestic product.".
Substitution of section 38
34. The principal Act is amended by substituting for section 38 the following section:
"Notice of
information andopportunities topresent
evidence38. (1) The Government shall provide a copy of the notice of the information that it
requires from the Members and all interested parties whose product is the subject of
an investigation under this Act to the Members and interested parties and shall give
the Members and interested parties an opportunity within the period as may be
prescribed to present in writing all evidence that they consider relevant in respect of
the investigation.
(2) As soon as an investigation has been initiated, the Government shall
provide the full text of the written petition received under subsection 4(1) or 20(1), as
the case may be, to the known exporters and the exporting Members and shall make it
available, upon request, to the other interested parties involved, due regard beinggiven to the protection of confidential information.
(3) Subject to the requirement to protect confidential information, evidence
presented in writing by any interested Member or interested party shall be made
available immediately to the other interested Members or interested parties involvedin the investigation.
(4) The Government shall, whenever practicable, provide timely
opportunities for all interested Members and interested parties to see all information
that is relevant to the presentation of thei r case provided that the information is not
confidential and is used by the Government in the investigation.".G/ADP/N/1/MYS/1/Add.1
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Page 29
Amendment of section 39
35. Section 39 of the principal Act is amended  -
(a) in the marginal note, by deleting the words "from interested parties";
(b) in subsection (1), by substituting for the words "by parties to an investigation" the
words "to the Government"; and
(c) in paragraph (7)(a), by inserting after the word "public" the words "or to authorize its
disclosure in a generalized or summary form unless it can be demonstrated to theGovernment's satisfaction from appropriate sources that the information is correct".
Amendment of section 40
36. Section 40 of the principal Act is amended by substituting for the words "using any
reasonable method to conduct the verification" the words "in the prescribed manner".
Amendment of section 41
37. Section 41 of the principal Act is amended -
(a) by inserting after the word "investigation" the words "or review";
(b) by substituting for the words "of either subsidization or dumping" the words "in
investigations or reviews under this Act"; and
(c) by inserting after the word "available" the words ", including the facts contained in the
petition received under subsection 4(1) or 20(1), as the case may be".
Amendment of section 47
38.   Section 47 of the principal Act is amended in the English language text by substituting for the
words "the procedure" the word "procedures".
Amendment of section 50
39. Paragraph 50(2)(e) of the principal Act is amended by deleting the word "administrative".G/ADP/N/1/MYS/1/Add.1
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Page 30
COUNTERVAILING AND ANTI- DUMPING DUTIES ACT 1993
COUNTERVAILING AND ANTI-DUMPING DUTIES (AMENDMENT)
REGULATIONS 1999
IN exercise of the powers conferred by section 50 of the Countervailing and Anti-Dumping
Duties Act 1993 [  Act 504 ], the Minister makes the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Countervailing and Anti-Dumping Duties
(Amendment) Regulations 1999.
(2) These Regulations shall come into operation on 1 December 1999.
Amendment of regulation 2
2. The Countervailing and Anti-Dumping Duties Regulations 1994 [ P.U.(A) 233/94 ], which in
these Regulations are referred to as the “principal Regulations”, are amended in regulation 2 -
(a) in subregulation (1) –
(i) in paragraph (b), by substituting for the words “technical characteristics and
uses of such merchandise” the words “its physical, technical and chemical characteristics, the
technology and manufacturing processes involved, rele vant industry specifications, pricing structures,
distribution channels, functions and uses”;
(ii) in paragraph (f), by substituting for the word “two” wherever it appears the
word  “three”;
(iii) by inserting after paragraph (f) the following paragraphs:
“(fa) information on the evolution of the volume of the merchandise imported;(fb) the effect of the importation of the merchandise on the price of the like product in the
domestic market;”; and
(iv) in paragraph (i), by substituting for subparagraphs (iii) and (iv) the following
subparagraph:
“(iii) in relation to –
(A) a countervailing duty petition, information about an export subsidy that is
inconsistent with the international obligations  of the foreign government, if applicable; or
(B) an anti-dumping duty petition, evidence of a history of dumping by the exporters or
evidence that the importer was aware or should have been aware that the merchandise was being sold
in Malaysia at prices less than the normal value; and” ; andG/ADP/N/1/MYS/1/Add.1
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(b) in subregulation (2), by substituting for the words “returns or” the words “return on”.
Amendment of regulation 3
3. Subregulation 3(1) of the principal Regulations is amended in the English language text by
inserting after the word “notify” the word “the”.
Amendment of regulation 5
4. Subregulation 5(1) of the principal Regulations is amended by substituting for the words
“petitioner is submitting the petition” the words “petition is being submitted by or”.
Amendment of regulation 6
5. Regulation 6 of the principal Regulations is amended –
(a) in subregulation (1) –
(i) by substituting for the word “fourteen” the word “thirty”; and(ii) by substituting for the words “properly submitted” the word “written” ; and
(b) by substituting for subregulati on (2) the following subregulation:
“(2) A petitioner whose petition has been rejected under subsection 4(4) or 20(5)
of the Act shall only be allowed to submit a new petition six months after the date of the notificationunder subsection 4(5) or 20(6) of the Act.”.
Amendment of regulation 7
6. Regulation 7 of the principal Regulations is amended –
(a) by renumbering the existing regulation as subregulation (1);(b) in paragraph (1)(b), by inserting after the word “submitted” the words “by or”; and(c) by inserting after subregulation (1) the following subregulation:
“(2) For the purposes of paragraph (1)(b), a petition shall be deemed to be
submitted by or on behalf of the domestic industry if –
(a) the petition is supported by those domestic producers whose
collective output constitutes more than fifty per centum of the total production of the like productproduced by that portion of the domestic industry e xpressing either support for or opposition to the
petition; and
(b) the domestic producers who expressed their support for the petition
account for more than twenty-five per centum of the total production of the like product produced bythe domestic industry.”.G/ADP/N/1/MYS/1/Add.1
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Amendment of regulation 8
7. Regulation 8 of the principal Regulations is amended –
(a) by substituting for the words “subsection 4(5) or (7) and subsection 20(5) or (7)” the
words “subsections 4(7) and 20(8)”;
(b) in the English language text in paragraph (a), by inserting after the words “other than”
the word “that”;
(c) in paragraph (b), by deleting the words “which is the scope of the investigation”; and(d) in paragraph (g), by substituting for the words “the investigation”   the words
“interested parties to make their views known”.
Amendment of regulation 9
8. Regulation 9 of the principal Regulations is amended by inserting after subregulation (5) the
following subregulation:
“(6) The Government may, if it deems it necessary, issue any party with a supplementary
questionnaire, a request for clarification or a request for additional information relevant to the
countervailing or anti-dumping duty investigation and the party shall respond to the supplementary
questionnaire or request within the time specified in the questionnaire or request.”.
Amendment of regulation 10
9. Subregulation 10(1) of the principal Regulations is amended by substituting for the word
“ninety”  the words “one hundred and twenty”.
Amendment of regulation 11
10. Regulation 11 of the principal Regulations is amended by substituting for the words
“subsection 8(3) or 23(3)” the words “subsection 8(2) or 23(2)”.
Substitution of regulation 12
11. The principal Regulations are amended by substituting for regulation 12 the following
regulation:
Affirmative
preliminarydetermination12. A notice of a preliminary affirmative determination under subsection 8(3) or
23(3) of the Act shall include all relevant information on the matters of fact and law
that have led to arguments being accepted or rejected, due regard being given to therequirement for the protection of confidential information, and in particular –
(a) the names of the exporters and producers of the subject merchandise,
where practicable, and the name of the country in which the subject
merchandise is produced or any intermediate country involved;
(b) a description of the subject merchandise that is sufficient for customs
purposes, including the current Malaysian tariff classification;G/ADP/N/1/MYS/1/Add.1
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“ (c) the amount of subsidy or margin of dumping found to exist and the
basis for such determination;
(d) factors that have led to the injury determination, including
information on factors other than subsidized or dumped imports that
have been taken into account when the injury determination was
made;
(e) any other reasons leading to the preliminary determination;(f) the reasons why provisional measures are necessary; and(g) the proposed time limits for making a final determination.”.
Amendment of regulation 14
12. Subregulation 14(2) of the principal Regulations is amended by substituting for
paragraphs (c) and (d) the following paragraph:
“(c) in relation to –
(i) the imposition of countervailing duties, the export subsidy that is being provided
with respect to the subject merchandis e contrary to the interested foreign
government’s obligations; or
(ii) the imposition of anti-dumping duties –
(A) the history of dumping that caused injury to the domestic industry; or(B) the importer’s awareness that the exporter practises dumping and that such
dumping would cause injury to the domestic industry.”.
Amendment of regulation 15
13. Regulation 15 of the principal Regulations is amended -
(a) in subregulation (2) –
(i) by substituting for the words “and reasons that have led to the determination” the
words  “considered material by the Government”;
(ii) in the English language text in paragraph (a) –
(A) by inserting before the words “of the country” the words “the name”; and(B) by deleting the word “of” appearing before the word “any”;
(iii) in paragraph (c), by inserting before the word “dumping” the words “margin of”;G/ADP/N/1/MYS/1/Add.1
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(iv) in the English language text in paragraph (d), by substituting for the word “is”
the word “was”;
(v) by deleting paragraph (f); and(vi) in paragraph (g), by substituting for th e word “reason” the word “reasons ”; and
(b) in subregulation (3) -
(i) by substituting for the word “dumping” the words “the margin of dumping is  de
minimis ”; and
(ii) in the national language text, by inserting after the word “sedikit” the word “
sahaja”.
Amendment of regulation 18
14. Regulation 18 of the principal Regulations is amended -
(a) in subregulation (2) –
(i) in paragraph (a), by deleting subparagraph (ii); and(ii) in subparagraph (b)(ii), by deleting the words “the government of the exporting
country or” ;
(b) by deleting subregulations (3), (4) and (5);(c) in subregulation (6), by inserting after the word “government” the words “or exporter,
as the case may require,”;
(d) in subregulation (7), by deleting the words “and decides to complete the investigation”;
and
(e) in subregulation (8), by deleting the words “or on any other reasonable basis”.
Deletion of regulation 19
15. The principal Regulations are amended by deleting regulation 19.
Amendment of regulation 20
16. Regulation 20 of the principal Regulations is amended -
(a) by substituting for subregulation (1) the following subregulation:
“(1) In determining the injury to the domestic industry from subsidized or
dumped imports for the purposes of sections 7A and 22A of the Act, the GovernmentG/ADP/N/1/MYS/1/Add.1
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shall evaluate all relevant economic factors and indices having a bearing on the state of
the industry.”; and
(b) in subregulation (2) –
(i) in paragraph (a), by substituting for the words “returns or investments” the words
“ return on investments or utilization of capacity”;
(ii) by deleting the word “and” at the end of paragraph (b);(iii) by inserting after paragraph (b) the following paragraph:
“(ba) in relation to section 22A of the Act, the margin of dumping; and”; and
(iv) in paragraph (c), by substituting fo r the words “investment, wages, growth or
ability to raise capital ” the words “wages, growth, ability to raise capital orinvestments”.
Amendment of regulation 21
17. Regulation 21 of the principal Regulations is amended -
(a) by substituting for subregulation (1) the following subregulation:
“(1) In determining whether the injury to the domestic industry is caused by the
subject merchandise through the effects of subsidy or dumping, the Government shall
consider, among other factors –
(a) in relation to the volume of the subsidized or dumped imports, whether there has
been a significant increase in subsidized or dumped imports, either in absolute
terms or relative to production or consumption in Malaysia; and
(b) in relation to the effect of the subsidized or dumped imports on prices –
(i) whether there has been a significant price undercutting by the
subsidized or dumped imports as compared with the price of a like
product of Malaysia; or
(ii) whether the effect of the subsidized or dumped imports is otherwise
to depress prices to a significant degree or to prevent price
increases, that otherwise would have occurred, to a significant
degree.”;
(b) by inserting after subregulation (1) the following subregulation:
“(1A) The factors referred to in subregulation (1) shall not be exhaustive nor
shall one or several of such factors be necessarily conclusive.”;
(c) by substituting for subregulation (4) the following subregulation:G/ADP/N/1/MYS/1/Add.1
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“(4) For the purposes of subsections 7A(4) and 22A(4) of the Act, the factors
that may be relevant include the following:
(a) in relation to –
(i) a countervailing duty investigation, the volume and prices of non-
subsidized imports of the merchandise in question; or
(ii) an anti-dumping duty investigation, the volume and prices of imports not
sold at dumping prices;
(b) contraction in demand or changes in the patterns of consumption;
(c) trade-restrictive practices of and competition between the foreign and domestic
producers;
(d) developments in technology; and
(e) the export performance and productivity of the domestic industry.”;
(d) by deleting subregulation (5); and(e) in subregulation (6), by deleting the words “under paragraphs 3(1)(b) and 15(1)(b) of
the Act”.
Substitution of regulation 22
18. The principal Regulations are amended by substituting for regulation 22 the following
regulation:
“Threat of
material injury22. (1) In determining whether a threat of material injury exists, the
Government shall consider all relevant factors including-
(a) in relation to a countervailing duty investigation, the nature of the
subsidy in question and the trade effects likely to arise from the
subsidy;
(b) a significant rate of increase of subsidized or dumped imports into the
domestic market indicating the likelihood of substantially increased
importation;
(c) sufficient freely disposable, or an imminent, substantial increase in,
capacity of the exporter indicating the likelihood of substantiallyincreased subsidized or dumped exports to the Malaysian market,
taking into account the availability of other export markets to absorb
any additional exports;
(d) whether imports of the subject merchandise are entering at prices that
will have a significant depressing or suppressing effect on domestic
prices, and would likely increase demand for further imports of the
subject merchandise; andG/ADP/N/1/MYS/1/Add.1
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(e) inventories of the subject merchandise being investigated.
(2) No one of the factors referred to in subregulation (1) shall by itself be
necessarily conclusive but the totality of the factors considered must lead to theconclusion that further imports of the subsidized or dumped imports are imminent and
that, unless protective action is taken, material injury would occur.
(3) A threat of material injury shall be clearly foreseen and imminent
Substitution of regulation 23
19. The principal Regulations are amended by substituting for regulation 23 the following
regulation:
“Material
retardation23. (1)  In determining whether material retardation of the establishment of a
domestic industry exists, the Government shall consider all relevant factors including-
(a) whether a domestic industry producing the like product is in the
process of being established;
(b) whether such an industry is viable;
(c) whether the establishment of such an industry is imminent; and
(d) whether the subsidized or dumped imports are through the effects of
the subsidy or dumping causing material retardation of the
establishment of such an industry.
(2) For the purposes of subregulation (1), the Government shall consider, among
other factors -
(a)  feasibility studies;(b) negotiated loans and contracts for the purchase of machinery aimed at
new investment projects or the expansion of existing plants; and
(c) whether there has been significant investment for the establishment of
such an industry.
(3) A determination of material retardation of the establishment of a
domestic industry shall be based on facts and not merely on allegation, conjecture or
remote possibility.”.
Substitution of regulation 24
20. The principal Regulations are amended by substituting for regulation 24 the following
regulation:G/ADP/N/1/MYS/1/Add.1
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“Specificity of
subsidy24. (1) In order to determine whether a subsidy is specific for the purposes of
subsection 3(2) of the Act to an enterprise or industry or a group of enterprises or
industries (in this regulation referred to as “certain enterprises”) within the jurisdictionof the granting authority, the following principles shall apply:
(a) where the granting authority or the legislation pursuant to which the
granting authority operates explicitly limits access to a subsidy to
certain enterprises, such subsidy shall be specific;
(b) where the granting authority or the legislation pursuant to which the
granting authority operates establishes objective criteria or conditions
governing the eligibility for, and the amount of, a subsidy, specificity
shall not exist, provided that the e ligibility is automatic and that such
criteria and conditions are strictly adhered to and are clearly spelt out
in written law or in any other official document so as to be capable ofverification;
(c) if notwithstanding any appearance of non-specificity resulting from
the application of the principles specified in paragraphs (a) and (b)
there are reasons to believe that the subsidy may in fact be specific,the factors specified in subregulation (3) may be considered;
(d) a subsidy that is limited to certain enterprises located within a
designated geographical region within the jurisdiction of the granting
authority shall be specific; and
(e) the setting or change of generally applicable tax rates by all levels of
government entitled to do so shall not be deemed to be a specific
subsidy.
(2) For the purposes of paragraph (1)(b), the expression “objective
criteria or conditions” means criteria or conditions that are neutral, that do not favour
certain enterprises over others, and that are economic in nature and horizontal in
application, such as the number of employees or the size of the enterprise.
(3) For the purposes of paragraph (1)(c) -(a) the factors that may be considered are -
(i) the use of a subsidy programme by a limited number of certain
enterprises;
(ii) predominant use by certain enterprises;(iii) the granting of disproportionately large amounts of subsidy to
certain enterprises; and
(iv) the manner in which discretion has been exercised by the
granting authority in the decision to grant a subsidy; andG/ADP/N/1/MYS/1/Add.1
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(b) account shall be taken of the extent of diversification of economic
activities within the jurisdiction of the granting authority as well as of
the length of time during which the subsidy programme has been in
operation.
(4) For the purposes of paragraph (3)(a), information on the frequency
with which applications for a subsidy are refused or approved and the reasons for such
decisions shall be considered.
(5) A determination of specificity under these Regulations shall be clearly
substantiated on the basis of relevant evidence.”.
New regulations 24A and 24B
21. The principal Regulations are amended by inserting after regulation 24 the following
regulations:
“Prohibited
subsidy.24A. (1) For the purposes of paragraph 2B(a) of the Act, the subsidies referred
to in Annex I to the Agreement on Subsidies and Countervailing Measures under the
World Trade Organization Agreement are prescribed to be prohibited subsidies.
(2) For the avoidance of doubt it is declared that the reference to Annex I
to the Agreement on Subsidies and Countervailing Measures under the World Trade
Organization Agreement is a reference to the Annex as may be amended from time to
time.
Non-actionable
subsidy24B. (1) For the purposes of paragraph 2D(b) of the Act, the conditions
referred to in Article 8.2 of the Agreement on Subsidies and Countervailing Measures
under the World Trade Organization Agreement are prescribed to be conditions that
render a subsidy that is specific a non-actionable subsidy.
(2) For the avoidance of doubt it is declared that the reference to Article
8.2 of the Agreement on Subsidies and Countervailing Measures under the World
Trade Organization Agreement is a reference to the Article as may be amended from
time to time.”.
Amendment of regulation 25
22. Regulation 25 of the principal Regulations is amended -
(a) in the English language text, by deleting the figure “(1)”;
(b) in paragraph (b), by substituting for the words “, industry or exporters” the words “  or
industry”; and
(c) in paragraph (c), by substituting for the words “, industry or exporters” the words “ or
industry”.
New regulation 25AG/ADP/N/1/MYS/1/Add.1
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23. The principal Regulations are amended by inserting after regulation 25 the following
regulation:
“Calculation of
subsidy in termsof benefit to
recipient25A. (1) Without prejudice to regulation 25, the calculation of the amount of
a subsidy in terms of the benefit to the recipient shall be based on the following
guidelines:
(a) government provision of equity capital shall not be considered as
conferring a benefit unless the investment decision can be regarded
as inconsistent with the usual investment practice (including for the
provision of risk capital) of private investors in the territory of thatMember;
(b) a loan by a government shall not be considered as conferring a
benefit unless there is a difference between the amount that the
enterprise receiving the loan pays  on the government loan and the
amount the enterprise would pay on a comparable commercial loan
that the enterprise could actually obtain on the market, in which case
the benefit shall be the differ ence between these two amounts;
(c) a loan guarantee by a government shall not be considered as
conferring a benefit unless there is a difference between the amount
that the enterprise receiving the guarantee pays on a loan guaranteed
by the government and the amount that the enterprise would pay on
a comparable commercial loan absent the government guarantee, in
which case the benefit shall be the difference between these twoamounts adjusted for any differences in fees; and
(d) the provision of goods or services, or the purchase of goods, by a
government shall not be considered as conferring a benefit unless
the provision is made for less than adequate remuneration or the
purchase is made for more than adequate remuneration.
(2) For the purposes of paragraph (1)(d), the adequacy of remuneration
shall be determined in relation to prevailing market conditions for the goods or
services in question in the country of provision or purchase (including price, quality,
availability, marketability, transportation and other conditions of purchase or sale).
(3) In this regulation, the expression “enterprise” means the enterprise
by whom the subject merchandise is produced, manufactured or exported.”.
Amendment of regulation 26
24. Regulation 26 of the principal Regulations is amended -
(a) in subregulation (1), by substituting for the words “comparable merchandise” the words “like
product”;
(b) in subregulation (2) –
(i) by substituting for the words “comparable merchandise” the words  “like product”;G/ADP/N/1/MYS/1/Add.1
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(ii) by substituting for paragraph (a) the following paragraph:
(a) the quantity of merchandise sold for consumption in the domestic market of
the exporting country during the period of investigation is less than five per
centum of the sales of the subject merchandise to Malaysia, unless there is
evidence to demonstrate that such ratio is nonetheless of sufficient magnitude
to provide for a proper comparison;”;
(iii) by substituting for the full stop at the end of paragraph (b) the words “; or”; and
(iv) by inserting after paragraph (b) the following paragraph:
“(c) a particular market situation exists.”; and
(c) by inserting after subregulation (2) the following subregulation:
“(3) For the purposes of paragraph (2)(b), the sales in the domestic market are not
in the ordinary course of trade if –
(a) the sales below per unit costs are made within an extended period of time
where the extended period of time is normally one year but shall in no case be
less than six months;
(b) the sales below per unit costs are made in substantial quantities where the
Government establishes that the weighted average selling price of thetransactions under consideration for the determination of the normal value is
below the weighted average per unit costs, or that the volume of sales below
per unit costs represents not less than twenty per centum of the volume sold in
transactions under consideration for the determination of the normal value;
and
(c) the sales below per unit costs are made at a price that does not provide for the
recovery of all costs within a reasonable period of time where the price is
below per unit costs at the time of sale.”.
Deletion of regulation 27
25. The principal Regulations are amended by deleting regulation 27.
Amendment of regulation 28
26. Regulation 28 of the principal Regulations is amended -
(a) in subregulation (1) -
(i) by substituting for the words “paragraph 27(a)” the words “paragraph 16(2)(a) of the
Act”; andG/ADP/N/1/MYS/1/Add.1
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(ii) in the English language text in paragraph (c), by substituting for the word “cause” the
word “course”; and
(b) by deleting subregulation (2).
Amendment of regulation 29
27. Regulation 29 of the principal Regulations is amended -
(a) by substituting for the marginal note the following marginal note:
“Constructed normal value.”;
(b) by deleting subregulation (1); and
(c) in subregulation (3), by substituting for the words “subregulation (1)” the words “paragraph
16(2)(b) of the Act”.
Substitution of regulation 31
28. The principal Regulations are amended by substituting for regulation 31 the following
regulation:
“Establishment of
dumping margin.31. (1) For the purposes of subsection 18(1) of the Act, the existence of
dumping margins shall be established on the following basis:
(a) by a comparison of a weighted average normal value with a
weighted average of prices of all comparable export transactions;
(b) by a comparison of normal value and export prices on a transaction-
to-transaction basis; or
(c) by a comparison of a weighted average normal value with prices of
individual export transactions, if the Government finds a pattern of
export prices that differs significantly among different purchasers,
regions or time periods and if an explanation is provided as to whysuch differences cannot be taken into account appropriately by the
use of a comparison under paragraph (a) or (b).
(2) If the comparison under this regulation requires a conversion of
currencies, such conversion shall be made using the rate of exchange on the date ofsale, except that when a sale of foreign currency on forward markets is directly
linked to the export sale involved, the rate of exchange in the forward sale shall be
used.
(3) For the purposes of subregulation (2) -
(a) the date of sale shall be the date of invoice, contract, purchase orderG/ADP/N/1/MYS/1/Add.1
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or order confirmation, whichever establishes the material terms of
sale; and
(b) fluctuations in exchange rates shall be ignored and the Government
shall allow exporters at least sixty days to adjust their export prices
to reflect sustained movements in exchange rates during the period
of investigation.
(4) The Government shall determine an individual dumping margin for
each known exporter or producer concerned of the subject merchandise.
(5) Notwithstanding subregulation (4 ), where the number of exporters,
producers or importers involved or the types of subject merchandise involved is so
large as to make it impracticable to determine individual dumping margins as
required under subregulation (4), the Government may limit its examination to –
(a) a reasonable number of interested parties or types of subject
merchandise by using samples that are statistically valid on the basis
of information available to the Government at the time of the
selection; or
(b) the largest percentage of the volume of the exports from the country
in question that can reasonably be investigated.
(6) Any selection of exporters, producers or importers or types of
subject merchandise made under subregulation (5) shall preferably be chosen inconsultation with and with the consent of the exporters, producers or importers
concerned.
(7) Where the Government has limited its examination under
subregulation (5), the Government shall nevertheless determine an individual
dumping margin for any exporter or producer not initially selected who submits the
necessary information in time for that info rmation to be considered during the course
of the investigation, except where the number of exporters or producers is so large
that individual examinations would be unduly burdensome to the Government and
prevent the timely completion of the investigation.
(8) Voluntary responses shall not be discouraged under this regulation.”.
New regulation 33A
29. The principal Regulations are amended by inserting after regulation 33 the following
regulation:
“Countervailing
duty proceedingsagainst exporters
or producers from
developingcountry
Members
.33A. (1) For the purposes of section 14 of the Act, countervailing duty
proceedings against exporters or producers from developing country Members of the
World Trade Organization shall be carried out in accordance with Article 27 of theAgreement on Subsidies and Countervailing Measures under the World Trade
Organization Agreement.G/ADP/N/1/MYS/1/Add.1
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(2) For the avoidance of doubt it is declared that the reference to Article
27 of the Agreement on Subsidies and Countervailing Measures under the World
Trade Organization Agreement is a reference to the Article as may be amended from
time to time.”.
Amendment of regulation 35
30. Regulation 35 of the principal Regulations is amended -
(a) by substituting for the marginal note the following marginal note:
“Notice of termination of countervailing or anti-dumping duties.”; and
(b) by deleting subregulations (3), (4) and (5).
Amendment of regulation 36
31. Regulation 36 of the principal Regulations is amended -
(a) by substituting for the marginal note the following marginal note:
“Refund review.”;
(b) in the national language text, by substituting for the word “bayaran” wherever it appears the
word “pembayaran”;
(c) in subregulation (1) –
(i) by inserting after the word “review” the words “under sections 13A and 28A of the
Act”; and
(ii) by inserting after the words “determination of” the words “a countervailing duty
investigation or”;
(d) in paragraph (2)(b) –
(i) by inserting after the words “amount of” the words “countervailing or”; and
(ii) by inserting before the word “dumping” the words “amount of the countervailable
subsidy or”;
(e) by deleting subregulation (3);
(f) by substituting for subregulation (5) the following subregulation:
“(5) The results of the refund review shall determine the final countervailing or
anti-dumping duty applicable for each entry for which the refund was requested.”;  and
(g) by deleting subregulations (6) and (7).G/ADP/N/1/MYS/1/Add.1
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Amendment of regulation 37
32. Regulation 37 of the principal Regulations is amended -
(a) in subregulation (6), by substituting for the words “computer tape or discs ” the words
“computer tapes, diskettes or discs or on any other data storage medium”; and
(b) by deleting subregulations (7) and (8).
Amendment of regulation 38
33. Regulation 38 of the principal Regulations is amended by substituting for subregulation (1)
the following subregulation:
“(1) Where the Government decides to verify the accuracy of any information
submitted during an investigation or an administrative review, the Government shall –
(a) inform the interested party concerned of the intention to carry out a verification visit;
(b) obtain the written agreement of the interested party concerned to the verification visit;
(c) notify the representative of the government of the exporting country concerned of the names
and addresses of the enterprises, industry or exporters to be visited and the dates agreed;
(d) advise the interested party concerned of the nature of the information to be verified during the
verification visit and of any further information that may need to be provided during the visit
though this should not preclude requests being made during the verification visit for further
details to be provided in the light of information obtained; and
(e) in exceptional circumstances, inform the interested party and the representative of the
government of the exporting country concerned if non-governmental experts are to beincluded in the investigating team.”.
Substitution of regulation 39
34. The principal Regulations are amended by substituting for regulation 39 the following
regulation:
“Meeting of
interested parties.39. (1) This regulation shall only apply in respect of an anti-dumping duty
investigation.
(2) A request from an interested party to meet the parties with adverse
interests for the purpose of defending its interests shall be made in writing to the
Minister.
(3) The interested parties shall be notified of the date, time and place of
the meeting at least fourteen days before the date specified for the meeting.
(4) Any interested party, other than the interested party requesting theG/ADP/N/1/MYS/1/Add.1
G/SCM/N/1/MYS/1/Add.1
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meeting, proposing to attend the meeting shall submit a written request to the
Minister at least seven days before the date specified for the meeting and shall
provide a valid justification for participating in the meeting.
(5) The Minister may refuse a request under subregulation (2) or (4), as
the case may be, if the Minister is of the opinion that there is no valid justification
for the meeting or that there is no valid ju stification for participating in the meeting,
as the case may be.”.
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