The court affirmed the validity of anti-dumping duties imposed, emphasizing adherence to statutory procedures and rejecting claims of calculation and injury errors, establishing standards for judicial review under CADDA.

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