Updated as of Friday, January 18, 2008
INTRODUCTION
This booklet aims to provide general guidelines on:
- 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.
- Advisory services to Malaysian producers/exporters faced with anti-dumping investigation by foreign Governments.
RELATED LAW AND REGULATIONS
- Anti-dumping measures are implemented in accordance to the:
- Countervailing and Anti-Dumping Duties Act 1993
- Countervailing and Anti-Dumping Duties Regulations 1994
- 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
- Anti-Dumping Action Against Foreign Producers/Exporters
Phase 1 : Initiation
-
- Receive a petition from domestic industry/local producers requesting for an anti-dumping investigation.
- Notify the foreign governments concerned on the receipt of complete petition.
- Analyse the petition on requirements for accuracy and adequacy of the allegation.
- 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.
- 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
-
- Analyse information submitted by domestic industry, importers and foreign producers/exporters on the existence of dumping, injury and causal link.
- Conduct verification visit to local importers and domestic industry.
- 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.
- 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
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- Conduct verification visit to foreign producers/exporters who cooperated in the investigation to ascertain the validity of information submitted by the foreign producers/exporters.
- 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.
- Relevant comments submitted in response to the Notice of Essential Facts will be considered in the Final Determination.
- 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.
- 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).
- Advisory Services to Malaysian Producers/Exporters Faced With Anti-Dumping Investigation by the Foreign Governments
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- Receive notice from foreign government on the possible initiation of anti-dumping investigation.
- Receive notice of initiation from foreign government. Forward questionnaire and copy of non-confidential version of petition to affected Malaysian domestic industry/producers.
- 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.
- Receive notice concerning the imposition of provisional anti-dumping duties from the foreign Government.
- Analyse provisional duty and meet with Malaysian domestic industry/producers who had responded to the anti-dumping action and provide advisory services.
- 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.
- Analyse Notice of Essential Facts and meet with Malaysian domestic industry/producers who responded to the anti-dumping action and provide advisory services.
- Receive Final Determination Notification with report and forward the notice and report to affected Malaysian domestic industry/producers.
- Analyse the Final Determination Report and meet with Malaysian domestic industry/producers who had responded to the anti-dumping action and provide advisory services.
- If AD measure conducted is consistent with WTO AD Agreement, no further follow-up action.
- If AD measure is found to be inconsistent with WTO Agreement, to refer to WTO Dispute Settlement Body.
TIME LINE OF THE INVESTIGATION
- Decision to initiate the preliminary investigation to be made within 30 days from the date of receipt of petition.
- 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.
- 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.
Last Updated 2016-12-17 09:12:45 by Azuna Hasbullah atau Abd Rahman