Safeguards Act 2006, Part I — PRELIMINARY (s 1–s 2) — Laws of Malaysia

Short title and commencement

s 1

(1) This Act may be cited as the Safeguards Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

In this Act, unless the context otherwise requires— “threat of serious injury” means serious injury that is clearly imminent; “ M e m b e r ” m e a n s a M e m b e r o f t h e Wo r l d Tr a d e Organization; “ASEAN” means the Association of South East Asian Nations; “prescribed” means prescribed by regulations made under this Act; “GATT 1994” means the General Agreement on Tariffs and Trade 1994 set out in Annex 1A to the World Trade Organization Agreement; “domestic industry” means— (a) the domestic producers as a whole of products which are like or directly competitive with the product under investigation, operating in Malaysia; or (b) the domestic producers operating in Malaysia whose collective output of like products or products directly competitive with the product under investigation constitutes a major proportion of the total domestic production of those products; “Committee” means the Committee on Safeguards of the World Trade Organization; “like products” means products that are identical or alike in all respect to the product under investigation or, in the absence of such products, another product that although not alike in all respect have characteristics closely resembling the product under investigation; “directly competitive products” means products that are in competition despite differences in characteristics or composing materials, substitutability in terms of utility purpose or commercial competitiveness; “product under investigation” means the class or kind of products imported or sold for importation into Malaysia that is subject of safeguard action under this Act, as determined by the Government to be appropriate for establishing the scope of action; “serious injury” means a significant overall impairment in the position of a domestic industry; “Government” means the Government of Malaysia; “Minister” means the Minister charged with the responsibility for international trade and industry; “country” includes all World Trade Organization Members and any other country or autonomous customs territory; “officer of customs” has the same meaning as is assigned to that expression under section 2 of the Customs Act 1967 [Act 235]; “Agreement” means the Agreement on Safeguards of the World Trade Organization; “interested parties” means— (a) the foreign exporter and producer of the product under investigation; (b) the importer of the product under investigation; (c) the government(s) of the exporting country or countries; (d) the domestic producers of the like products or directly competitive products; (e) relevant trade and business associations registered in Malaysia; “participating interested parties” means those interested parties that have indicated their interest in participating in an investigation in accordance with section 10; “investigating authority” means the investigating authority appointed under section 3; “WTO” means the World Trade Organization.

Safeguards Act 2006 Part I — PRELIMINARY

s 1

s 2

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