Document 19 : Work Process for Anti-Dumping Measures
18 Jun 2010 10:32 AM

Updated as of Friday, January 18, 2008

INTRODUCTION

This booklet aims to provide general guidelines on:

1. The stages involved in initiating and imposition of anti-dumping measures on foreign producers/exporters found to be dumping goods in Malaysia and causing injury to the domestic industry.
2. Advisory services to Malaysian producers/exporters faced with anti-dumping investigation by foreign Governments.

RELATED LAW AND REGULATIONS

1. Anti-dumping measures are implemented in accordance to the:
   1. Countervailing and Anti-Dumping Duties Act 1993
   2. Countervailing and Anti-Dumping Duties Regulations 1994
2. Domestic industry/local producers interested in pursuing an anti-dumping action against foreign producers/exporters or is faced with anti-dumping investigation could request for advisory services from:

Ministry of International Trade and Industry (MITI),
Trade Practices Section ,
12th Floor, Block 10,
Government Office Complex Jalan Duta ,
50622 Kuala Lumpur .
Tel : 03-6203 3053
Fax : 03-6201 9920

WORK PROCESS

1. Anti-Dumping Action Against Foreign Producers/Exporters

Phase 1 : Initiation

1. Receive a petition from domestic industry/local producers requesting for an anti-dumping investigation.
2. Notify the foreign governments concerned on the receipt of complete petition.
3. Analyse the petition on requirements for accuracy and adequacy of the allegation.
4. If requirements are not fulfilled, the petition will be rejected. The foreign Governments concerned and domestic industry will be informed of the rejection of petition.
5. If petition fulfills requirements:
   • Inform all interested parties (foreign government/ manufacturers concerned, local importers) on the decision to initiate.
   • Gazette a notice and publish in the newspapers.
   • Send out questionnaire and copy of non-confidential version of the petition to foreign producers/exporters and local importers to obtain information on prices and injury factors.

Phase 2 : Preliminary Determination

1. Analyse information submitted by domestic industry, importers and foreign producers/exporters on the existence of dumping, injury and causal link.
2. Conduct verification visit to local importers and domestic industry.
3. If the investigation reveals that there is no dumping or no injury or no causal link:
   • No provisional anti-dumping duties will be imposed.
   • To proceed or terminate the investigation.
   • Send Notice of Preliminary Determination to all interested parties.
4. If the investigation reveals that there is dumping causing injury to the domestic industry :

• To report to the Minister of International Trade and Industry for a decision to impose provisional duty.
• To inform the Minister of Finance to obtain agreement.
• Send notice to all interested parties (domestic industry, local importers, foreign Governments concerned, foreign producers/exporters and other interested parties) on the imposition of provisional duty.
• Gazette a notice and publish in the newspapers.
• Continue with the investigation.

Phase 3 : Final Determination

1. Conduct verification visit to foreign producers/exporters who cooperated in the investigation to ascertain the validity of information submitted by the foreign producers/exporters.
2. Send Notice of Essential Facts that will form the basis of the final determination to all interested parties (domestic industry, local importers, foreign Governments concerned, foreign producers/exporters and other interested parties) for their feedback.
3. Relevant comments submitted in response to the Notice of Essential Facts will be considered in the Final Determination.
4. If the findings of the investigation is negative:
   • To report to the Minister of International Trade and Industry.
   • To inform the domestic industry on the findings.
   • No anti-dumping duties to be imposed.
   • Send Notice of Final Determination to all interested parties (domestic industry, local importers, foreign Governments concerned, foreign producers/exporters and other interested parties) on the termination.
5. If the findings of the investigation confirms that dumping had caused injury:

• To report to the Minister of International Trade and Industry for a decision.
• To inform the Minister of Finance to obtain agreement.
• Gazette a notice and publish in the newspapers.
• To impose final anti-dumping duties.
• Send Notice of Final Determination with the Final Determination Report to all interested parties (domestic industry, local importers, foreign Governments concerned, foreign producers/exporters and other interested parties).
2. Advisory Services to Malaysian Producers/Exporters Faced With Anti-Dumping Investigation by the Foreign Governments

1. Receive notice from foreign government on the possible initiation of anti-dumping investigation.
2. Receive notice of initiation from foreign government. Forward questionnaire and copy of non-confidential version of petition to affected Malaysian domestic industry/producers.
3. Analyse petition and meet with affected domestic industry/producers to explain their rights and obligations under WTO Agreement and provide assistance in responding to the questionnaire.
4. Receive notice concerning the imposition of provisional anti-dumping duties from the foreign Government.
5. Analyse provisional duty and meet with Malaysian domestic industry/producers who had responded to the anti-dumping action and provide advisory services.
6. Receive Notice of Essential Facts that will form the basis of final anti-dumping duty from foreign Government and forward the Notice to Malaysian domestic industry/producers.
7. Analyse Notice of Essential Facts and meet with Malaysian domestic industry/producers who responded to the anti-dumping action and provide advisory services.
8. Receive Final Determination Notification with report and forward the notice and report to affected Malaysian domestic industry/producers.
9. Analyse the Final Determination Report and meet with Malaysian domestic industry/producers who had responded to the anti-dumping action and provide advisory services.
10. If AD measure conducted is consistent with WTO AD Agreement, no further follow-up action.
11. If AD measure is found to be inconsistent with WTO Agreement, to refer to WTO Dispute Settlement Body.

TIME LINE OF THE INVESTIGATION

1. Decision to initiate the preliminary investigation to be made within 30 days from the date of receipt of petition.
2. Preliminary Determination and the final investigation to be made within 120 days from the date of initiation and if necessary, it can be extended to another 30 days.
3. Final Determination to be made within 120 days from the date of the Preliminary Determination and if necessary, it can be extended to another 30 days.