The court upheld the imposition of anti-dumping duties, emphasizing that the applicant must provide sufficient evidence to support claims of error in administrative decisions, and ruled there is no implied duty to give reasons unless required by statute.

Amarjeet Singh Serjit Singh J:

Introduction

[1] On 4 June 2024, I dismissed the instant judicial review proceedings where the applicant, Silvery Dragon Prestressed Materials Co Ltd ("Silvery Dragon"), sought the following reliefs:

(a) an order of certiorari to quash the decision of the 2nd Respondent, the Minister of Finance, that anti-dumping duties shall be levied on and paid by Silvery Dragon in respect of the merchandise (ie Stranded Steel Wires for Prestressing Concrete) and at the rates specified as set out in the Customs (Anti-Dumping Duties) (No 2 Order 2021 (PU(A) 469/2021) ("the impugned Order");

(b) an order of certiorari to quash the decision of the 3rd Respondent, the Senior Minister of International Trade and Industry ("the Minister of MITI"), made in the Notice Of Affirmative Final Determination Of An Anti-Dumping Duty Investigation With Regard To The Imports Of Stranded Steel Wires For Prestressing Concrete Originating Or Exported From The People's Republic Of China (PU(B) 682/2021) ("the impugned Notice) that:

(i) A dumping margin exists with regard to the imports of stranded steel wires for prestressing concrete classified under the Harmonised System Code (H.S. Code) and ASEAN Harmonised Tariff Nomenclature (AHTN) 7312.10.9100 ("the product") originating or exported from the People's Republic of China ("PRC"); and

(ii) an injury is found to exist because the domestic industry in Malaysia producing the like product has suffered material injury by reason of the importation of the merchandise into Malaysia.

Countervailing And Anti-Dumping Duties Act 1993

[2] The Countervailing And Anti-Dumping Duties Act 1993 ("CADDA") regulates the imposition of anti-dumping duties on an exporter of merchandise into Malaysia. The purpose of imposing such duties is to level the competition of the same or comparable merchandise by discouraging the exporter from injuring the domestic market.

[3] For anti-dumping duties to be imposed, it must be shown that "dumping" occurred. Section 2 of the CADDA defines "dumping" as the importation of merchandise into Malaysia at less than its normal value sold in the domestic market of the exporting country. The duties that an exporter has to pay is when an order imposing anti-dumping duties is published in the Gazette on a specified merchandise for a specific duration.

[4] The order is published after an elaborate process. The process begins with an investigation that is carried out by the Investigating Authority established under the CADDA. The investigation is based on a complaint received by the Minister of MITI from local producers of the same or comparable merchandise in the form of a petition. The Investigating Authority would carry out an investigation, including requiring a questionnaire to be answered by the exporter. The Investigating Authority would initially publish its preliminary determination and, upon feedback and further investigation, publish its final determination.

[5] The final findings are submitted to the Minister of MITI, who then makes a recommendation to the Minister of Finance. The Government of Malaysia is the authority that ultimately determines whether there is a dumping margin and, if so, the anti-dumping duties to be imposed. The decision of the Government of Malaysia is signed off by the Minister of Finance in an anti-dumping duties order published in the Gazette.

Background Facts

[6] Silvery Dragon is a company incorporated in the PRC. It produces stranded steel wires for prestressing concrete (ie, the merchandise) and exports the same to Malaysia. On 1 March 2021, a Malaysian company presented a petition to the Minister of MITI for anti-dumping duties to be imposed on the merchandise. On 31 March 2021, the Investigation Authority commenced an investigation into the matter concerning Silvery Dragon.

[7] On 6 April 2021, Silvery Dragon requested an extension of time to submit its response to the questionnaire provided by the Investigation Authority. The request