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2024 MarsdenLR 1243

COURT OF APPEAL PUTRAJAYA
LEE SWEE SENG, JCA
DILER MILER CELIK ENDUSTRU VE TICARET AS – Appellant
Versus
MENTERI KEWANGAN & ORS – Respondent


Petitioner Advocates:Jason Teoh Choon Hui,Ashlyn Lau Hui Qi,Balqis Mohd Nor ,Respondent Advocate: Kogilambigai Muthusamy

JUDGMENT

Lee Swee Seng JCA:

[1] In the field of international trade, States that are members of the World Trade Organisation ("WTO") pledge themselves to be fair to other States whilst promoting their own domestic markets. It is an example of a man, left to his own devices, has a way of gravitating towards promoting his own interest at the expense of others. In international trade, States recognise this danger operating at the international arena where one country and its members may dump its products in another at a price lower than the price in its own home market so as to injure the local market of another country.

[2] Price is no longer what a buyer is prepared to pay for a seller's product. If one sells one's product in another country below the price of that comparable product and trade in one's own country then that is dumping of the product in the importing country. "Dumping" means the importation of merchandise into Malaysia at less than its normal value as sold in the domestic market of the exporting country. If the relevant authorities can show that there is injury caused to the domestic market in the importing country, then anti-dumping duties may be imposed on the exporte

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