1 PART I PRELIMINARY-1. Short title and commencement.

(1) This Act may be cited as the Countervailing and Anti-Dumping Duties Act 1993 .

(2) This Act shall come into force on such date as the Minister may, by notification in the Gazette, appoint.

2A PART IA SUBSIDIES-2A. Subsidy.

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 a 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 occurence of particular circumstances;

(iii) the acceptance of liabilities, actual or potential, of the enterprise by the government or publi

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires- [Am. Act A1046]   "country"  includes a customs union or customs territory that possesses full autonomy in the conduct of its external commercial relations and of the other matters provided for in the World Trade Organization Agreement [Ins. Act A1046]   " de minimis "  - ( a ) in relation 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; [Ins. Act A1046]   "domestic industry"  means- ( 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: Pr

2B PART IA SUBSIDIES-2B. Prohibited subsidy.

The following subsidies shall be prohibited:

( a ) subsidies contigent, in law or in fact, whether solely or 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.

[Ins. Act A1046]

2C PART IA SUBSIDIES-2C. Actionable subsidy.

A subsidy that cause 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

[Note: This subsection not yet in force - refer to PU(B) 448/99]

( c ) serious prejudice to domestic interests:

[Note: This subsection not yet in force - refer to PU(B) 448/99]

Provided that this section 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.

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2D PART IA SUBSIDIES-2D. Non-actionable subsidy.

The following subsidies shall be regarded as non-actionable 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 subsection 3(2) but meet all the prescribed conditions.

[Ins. Act A1046]

2E PART IA SUBSIDIES-2E. Calculation of subsidy.

Subsidy shall be calculated in the prescribed manner.

[Ins. Act A1046]

3 PART II COUNTERVAILING DUTIES-3. Imposition of counter-vailing duties.

(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.

[Subs. Act A1046]

4 PART II COUNTERVAILING DUTIES-4. Initiation of investigation.

(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 prescribed 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.

5 PART II COUNTERVAILING DUTIES-5. Consultations with interested foreign governments.

(1) Before initiating an investigation, the Government shall provide the Members the merchandise of which are subject to investigation and any interested foreign government an opportunity for consultation for the purpose of clarifying matters relevant to the investigation and arriving at a mutually agreed solution.

(2) The Government shall provide a reasonable opportunity for further consultations throughout the investigation.

(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 subsection (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-confidential summary of confidential information, being used for initiating or

6 PART II COUNTERVAILING DUTIES-6. Amendments to the petition.

A petition requesting a countervailing duty investigation be initiated may be amended subject to such conditions as the Government deems fit.

7 PART II COUNTERVAILING DUTIES-7. Duration of investigation.

The Government shall conclude a countervailing duty investigation within such period as may be prescribed.

7A PART II COUNTERVAILING DUTIES-7A. Injury and causal link.

(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 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.

(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 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 the

8 PART II COUNTERVAILING DUTIES-8. Preliminary determination of subsidy and injury.

(1) The Government shall, within such period as may be prescribed, make a preliminary determination regarding-

(a) whether a subsidy is being provided with respect to the subject merchandise and the amount of such subsidy; and

[Am. Act A1046]

(b) whether injury is found to exist in any one of the following ways:

(i) 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.

<

9 PART II COUNTERVAILING DUTIES-9. Provisional measures.

(1) The Government shall apply provisional measures with regard to the subject merchandise imported into Malaysia on or after the publication of the notice of affirmative preliminary determination where the Government determines that such measures are necessary to prevent the injury referred to in paragraph 8(1) (b) from occurring during the period of investigation.

(2) Provisional measures shall take the form of provisional countervailing duties guaranteed by a security equal to the amount of the estimated subsidy determined under subsection 8(1).

(3) The provisional measures imposed under this section shall not exceed such period as may be prescribed.

10 PART II COUNTERVAILING DUTIES-10. Final determination of subsidy and injury.

(1) The Government shall, within such period as may be prescribed, make a final determination regarding-

(a) whether a subsidy is being provided with respect to the subject merchandise and the amount of such subsidy; and

[Am. Act A1046]

(b) whether injury is found to exist in any one of the following ways:

(i) 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.

[Am

11 PART II COUNTERVAILING DUTIES-11. Termination of investigation.

(1) Notwithstanding any other provisions of this Act, an investigation may be terminated at any time if-

(a) the petitioner withdraws the petition;

(b) there are changed circumstances

( 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.

[Am. Act A1046]

(2) If a termination pursuant to subsection (1) occurs prior to the preliminary determination, the Government shall publish a notice of such termination stating the reasons for the termination.

(3) If a termination pursuan

12 PART II COUNTERVAILING DUTIES-12. Suspension of investigation.

(1) An investigation may be suspended at any time if undertakings are accepted by the Government.

(2) Before accepting the undertakings, the Government shall determine that-

( a ) the undertakings-

(i) will eliminate the subsidy or the injurious effects caused by the subject merchandise; and

(ii) can be monitored effectively; or

( b ) the undertakings are in the public interest.

[Am. Act A1046]

(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.

[Subs. Act A1046]

(4) If the undertakings are accepted by the Government after the preliminary determinat

12A PART II COUNTERVAILING DUTIES-12A. Duration of duty.

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.

[Ins. Act A1046]

13 PART II COUNTERVAILING DUTIES-13. Administrative review.

(1) Whenever an interested party provides information to the Government, or the Government otherwise obtains information, that-

(a) the amount of subsidy has changed substantially;

(b) the imposition of a countervailing duty is no longer necessary;

(c) an undertaking is no longer necessary or should be revised;

(d) a countervailing duty or undertaking which is required to be terminated pursuant to subsection (6) should be maintained; or

( e ) an administrative review is in the public interest,

the Government may conduct an administrative review:

Provided that no administrative review shall be undertaken unless the period prescribed has lapsed.

[Am. Act A1046]

(2) If the Government decides to conduct an administrative review under subsection (1), the Government shall-

<

13A PART II COUNTERVAILING DUTIES-13A. Refund review.

(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.

(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

13B PART II COUNTERVAILING DUTIES-13B. Expedited review.

(1) An exporter or a 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 in order 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 or producers referred to in subsection (1), countervailing duties may be imposed retroactively to the date of the initiat

14 PART II COUNTERVAILING DUTIES-14. Developing Country Member.

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.

[Ins. Act A1046]

15 PART III ANTI-DUMPING DUTIES-15. Imposition of anti-dumping duties.

(1) No anti-dumping duty shall be imposed except in accordance with this Act.

(2) The amount of anti-dumping duty to be imposed-

(a) shall be equal to the dumping margin determined to exist with respect to the subject merchandise; or

(b) if the Government determines that a lower antidumping duty will be sufficient to eliminate the injury, may be such lower duty.

[Am. Act A1046]

16 PART III ANTI-DUMPING DUTIES-16. Normal value.

(1) For the purpose of this Act, the normal value shall be the comparable price actually paid or payable in the ordinary course of trade for the like product sold for consumption in the domestic market of the exporting country.

[Am. Act A1046]

(2) When there are no sales in the domestic market of the exporting country under subsection (1), or when such sales do not permit a proper comparison, normal value shall be determined-

( 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.

[Am. Act A1046]

(3) If there are reasonable groun

17 PART III ANTI-DUMPING DUTIES-17. Export price.

(1) The export price shall be the price actually paid or payable for the subject merchandise.

(2) In cases where there is no export price or where it appears that the export price is unreliable because the exporter and the importer or a third party are related, or that there is a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the subject merchandise is first resold to an independent buyer, or if the subject merchandise is not resold to an independent buyer, or not resold in the condition imported, on any reasonable basis.

[Am. Act A1046]

(3) If the export price is constructed as described in subsection (2), allowance shall be made for all costs incurred between importation and resale.

18 PART III ANTI-DUMPING DUTIES-18. Comparison of normal value and export price.

(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 time and 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 the form of adjustments, shall be made in 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

19 PART III ANTI-DUMPING DUTIES-19. Subject merchandise from a non-market economy country.

Where the country of origin of the subject merchandise is a non-market economy country, the normal value shall be determined in the prescribed manner.

20 PART III ANTI-DUMPING DUTIES-20. Initiation of investigation.

(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 injury and 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 exporting country 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-

( a ) the evidence is sufficient to justify the initiation of an investigation;

( b ) th

21 PART III ANTI-DUMPING DUTIES-21. Amendments to the petition.

A petition requesting an anti-dumping duty investigation be initiated may be amended subject to such conditions as the Government deems fit.

22 PART III ANTI-DUMPING DUTIES-22. Duration of investigation.

The Government shall conclude an anti-dumping duty investigation within such period as may be prescribed.

22A PART III ANTI-DUMPING DUTIES-22A. Injury and causal link.

(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 involve an 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.

(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 a examination of all relevant evidence avaiable 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 ot

23 PART III ANTI-DUMPING DUTIES-23. Preliminary determination of dumping and injury.

(1) The Government shall, within such period as may be prescribed, make a preliminary determination regarding-

(a) whether a dumping margin exists with respect to the subject merchandise and the margin of such dumping; and

(b) whether a injury is found to exist in any one of the following ways:

(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.

[Am. Act A1046]

(2) If the Government makes a

24 PART III ANTI-DUMPING DUTIES-24. Provisional measures.

(1) The Government shall apply provisional measures with regard to the subject merchandise imported into Malaysia on or after the publication of the notice of affirmative preliminary determination where the Government determines that such measures are necessary to prevent the injury referred to in paragraph 23(1) (b) from occurring during the period of investigation.

(2) Provisional measures shall take the form of provisional antidumping duties guaranteed by a security equal to the amount of estimated dumping margin determined under subsection 23(1).

(3) The provisional measures imposed under this section shall not exceed such period as may be prescribed.

25 PART III ANTI-DUMPING DUTIES-25. Final determination of dumping and injury.

(1) The Government shall, within such period as may be prescribed, make a final determination regarding-

(a) whether a dumping margin exists with regard to the subject merchandise and the margin of such dumping and

(b) whether injury is found to exist in any one of the following ways:

(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.

[Am. Act A1046]

(2) The Government shall, before making a final determination, in

26 PART III ANTI-DUMPING DUTIES-26. Termination of investigation.

(1) Notwithstanding any other provisions of this Act, an investigation may be terminated at any time if-

(a) the petitioner withdraws the petition;

(b) there are changed circumstances;

( c ) 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

[Am. Act A1046]

(2) If a termination pursuant to subsection (1) occurs prior to the preliminary determination, the Government shall publish a notice of such termination stating the reasons for the termination.

(3) If a termination pursuant to

27 PART III ANTI-DUMPING DUTIES-27. Suspension of investigation.

(1) An investigation may be suspended at any time if price undertakings are accepted by the Government.

[Am. Act A1046]

(2) Before accepting the undertakings, the Government shall determine that-

( a ) 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.

[Am. Act A1046]

(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.

[Subs. Act A1046]

(4) If the price undertakings are accepted by the Government after the preliminary determination, the G

27A PART III ANTI-DUMPING DUTIES-27A. Duration of duty.

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 the injury.

[Ins. Act A1046]

28 PART III ANTI-DUMPING DUTIES-28. Administrative review.

(1) Whenever an interested party provides information to the Government, or the Government otherwise obtains information, that-

(a) the dumping margin has changed substantially;

(b) [Deleted by Act A1046]

(c) the imposition of an anti-dumping duty is no longer necessary;

(d) an undertaking is no longer necessary or should be revised;

(e) an anti-dumping duty or undertaking which is required to be terminated pursuant to subsection (6) should be maintained;

( f ) an administrative review is in the public interest,

the Government may conduct an administrative review:

Provided that no administrative review shall be undertaken unless the period prescribed has lapsed.

[Am. Act A1046]

(2) If the Government decides to conduct an administrative review under subsection (1),

28A PART III ANTI-DUMPING DUTIES-28A. Refund review.

(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;

( b ) no anti-dumping duty should have be

28B PART III ANTI-DUMPING DUTIES-28B. Expedited review.

(1) An exporter or a 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 an

29 PART III ANTI-DUMPING DUTIES-29. Anti-dumping action on behalf of third country.

(1) The Government may initiate an anti-dumping duty investigation on behalf 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.

(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 antidumping duty investigation on behalf of a third country shall rest solely with the Govern

30 PART IV ADMINISTRATION-30. Administrative matters.

(1) Any petition to be submitted under Parts II and III shall be submitted to the Minister. (2) Subject to the provisions of this Act, any action to be conducted or taken under this Act shall be conducted or taken by any person or officer authorized in writing in that behalf by the Minister.

(3) Any finding of an investigation, whether for the purpose of a preliminary or final determination, or an administrative review, under this Act, shall be forwarded to the Minister.

(4) The Minister shall make a recommendation to the Minister of Finance who shall make a determination or a decision.

(5) The Collection of any countervailing or anti-dumping duty imposed under this Act shall be conducted by an officer of customs.

(6) If any question arises as to whether any particular product is or is not included in any notification given under this Act, such question shall be referred to the Minister who shall make a decision on the m

31 PART IV ADMINISTRATION-31. Protection of officers and persons acting under direction of officers.

No action or prosecution shall be brought, instituted or maintained in any court against any person or officer authorized under this Act for or on account of or in respect of any act ordered or done for the purpose of carrying into effect this Act, and no suit or prosecution shall lie in any court against any other person for or on account of or in respect of any act done or purported to be done by him under the order, direction or instruction of any such person or officer if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served thereby.

32 PART IV ADMINISTRATION-32. [Deleted by Act A1046].

33 PART IV ADMINISTRATION-33. Regulations in respect of specified areas.

The Minister of Finance may, in respect of certain areas to be specified in regulations made under this section, make special provision to regulate those specified areas for the purposes of this Act.

34 PART IV ADMINISTRATION-34. Application of the Customs Act 1967.

(1) This Act shall be construed as one with the Customs Act 1967.

(2) In the event of any inconsistency occurring between the provisions of the Customs Act 1967 and the provisions of this Act, the provisions of this Act shall prevail.

34A PART IV ADMINISTRATION-34A. Judical review.

(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 final administrative review determination under this Act shall have the right to refer such mater to the High Court for judical review in accordance with Order 53 of the Rules of the High Court 1980 [P.U. (A) 50/80] .

(2) A request for judical 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 judical 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 judical review in the High Court shall not hinder the Govern

35 PART V GENERAL-35. Cumulative assessment.

(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.

[Subs. Act A1046]<

36 PART V GENERAL-36. False statements.

Any information provided which is false or materially inaccurate shall be rejected without prejudice to whatever penalties that may be applicable under regulations made under this Act or any other written law.

37 PART V GENERAL-37. Anti-circumvention measures.

The Government may take action to prevent circumvention of the application of countervailing and anti-dumping duties as may be prescribed.

38 PART V GENERAL-38. Notice of information and opportunities to present evidence.

(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 being given to the protection of confidential information.

(3) Subject to the requirement to protect confidential information, evidence presented in writing by any interested Member or inte

39 PART V GENERAL-39. Confidential information.

[Am. Act A1046]

(1) Any information which is by its nature confidential, or any information which is provided on a confidential basis to the Government, shall for good cause shown, be treated as such by the Government.

[Am. Act A1046]

(2) The confidential nature of a document shall not be used as a reason for refusing to provide it to the Government.

(3) The Government shall be responsible for ensuring the confidentiality of such documents.

(4) Confidential information shall not be disclosed without specific written permission from the party submitting the confidential information.

(5) The Government shall require parties providing confidential information to furnish non-confidential summaries that are sufficient in detail to permit reasonable understanding of the substance of the confidential information.

(6) In the event such parties indicate that su

40 PART V GENERAL-40. Verification of information.

The Government may decide to verify the accuracy of any information submitted during an investigation or administrative review using any reasonable method to conduct the verification.

41 PART V GENERAL-41. Use of facts available.

Where any interested party refuses access to, or otherwise does not provide, necessary information within a reasonable period or significantly impedes an investigation or review, including refusal to allow verification of its information, preliminary and final determinations of either subsidization or dumping in investigations or reviews under this Act may be made on the basis of the facts available, including the facts contained in the petition received under subsection 4(1) or 20(1), as the case may be.

[Am. Act A1046]

42 PART V GENERAL-42. Other practices discovered during the investigation.

If in the course of an investigation the Government discovers practices which appear to be subsidies or dumping, but were not included in the matters alleged in the petition, then the Government may, if there is sufficient time, investigate the practices.

43 PART V GENERAL-43. Conduct of investigation where no international obligations apply.

(1) When no applicable international obligation on countervailing and anti-dumping duties exist between Malaysia and the interested foreign government-

(a) countervailing and anti-dumping duties may be imposed without regard to an investigation referred to in sections 4 and 20; and

(b) the Government shall be entitled to use any administrative and legal DEFINITION, methodology and procedure it deems appropriate, with regard to the investigations.

(2) When applying the provisions of subsection (1), consideration shall be given to the laws and regulations of the interested foreign government and their application to Malaysian exports.

44 PART V GENERAL-44. Transhipment.

In cases where merchandise is not imported into Malaysia directly from the country of origin, but is exported to Malaysia from an intermediate country, the provisions of the Act shall be fully applicable and the transaction, for the purposes of this Act, shall be regarded as having taken place between the country of origin and Malaysia.

45 PART V GENERAL-45. Publication of notices.

All notices required to be published under this Act shall be published in the Gazette , unless otherwise specified.

46 PART V GENERAL-46. Double counting not permitted.

No merchandise shall be subject to both antidumping and countervailing duties to compensate for the same situation of dumping or subsidization.

47 PART V GENERAL-47. Customs clearance not to be hindered.

Any investigation conducted under this Act shall not hinder the procedures for customs clearance.

[Am. Act 1046]

48 PART V GENERAL-48. Public servants.

Any person acting for and on behalf of or under the direction of the Government under this Act shall be deemed to be a public servant within the meaning of the Penal Code.

49 PART V GENERAL-49. Obligation of secrecy.

(1) No person who has access to any statement, accounts, record, correspondence, document, information or any other material obtained pursuant to the provisions of this Act shall disclose such statement, accounts, record, correspondence, document, information or other material to any other person unless-

(a) such disclosure is authorized by the Minister; or

(b) such disclosure is made for the purposes of this Act.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

50 PART V GENERAL-50. Power to make regulations.

(1) The Minister may make such regulations as may be necessary or expedient for giving full effect to the provisions of this Act, for carrying out the purposes of this Act or any provisions thereof, or for the further, better or more convenient implementation of the provisions of this Act.

(2) Without prejudice to the generality of subsection (1), regulations may be made-

(a) to prescribe the time periods for any action to be taken under this Act;

(b) to provide for extensions of time for any action to be taken and the circumstances when extensions may be granted;

(c) to provide for the form and content of notices required for the purposes of this Act and the procedures related to the giving of such notices;

(d) to provide for anti-circumvention measures;

(e) to provide for the procedures of investigations, reviews and appeals;

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