Petition for initiation of investigation
A request for an investigation to determine whether increased imports of the product under investigation have caused or threaten to cause serious injury to a domestic industry may be initiated— (a) upon a written petition addressed to the Ministry of International Trade and Industry by or on behalf of the domestic industry; or (b) on the initiative of the Government.
Requirements for a petition
A petition under paragraph 10(a) shall include such information as prescribed.
Withdrawal of the petition before initiation of investigation
A petition under section 10 may be withdrawn prior to initiation of an investigation, in which case it shall be considered not to have been made.
Amendments to the petition
A petition requesting an investigation to be initiated may be amended subject to such conditions as the Government deems fit.
Decision to initiate investigation
(1) The Government may initiate an investigation, whether on the request of a domestic industry or on its own initiative, only when the Government has determined that there is sufficient evidence of serious injury or threat thereof caused by increased imports. (2) If the Government decides to initiate an investigation under subsection (1), the Government may seek such additional information, as the Government deems necessary. (3) Where the Government decides not to initiate an investigation, the Government shall notify the petitioner in writing of the reasons for not initiating the investigation. (4) Where a petition has been received, the Government shall, from the date of receipt of the petition, decides whether or not to initiate an investigation within such period as prescribed. Where the petition involves complex issues, or if the Government has to seek additional information as provided for in subsection (2), the period may be extended for another period as prescribed.
Notice of initiation of investigation
The decision to initiate an investigation shall be notified to the Committee. Such notification shall be made immediately after the initiation of the investigation.
Publication of the notice of initiation of investigation
The notice of initiation shall be published by the Government.
Contents of the notice of initiation
The contents of the notice of initiation shall be as prescribed.
Public hearings and written arguments
(1) All participating interested parties shall have the opportunity in accordance with the provisions of this section— (a) to have public hearings or other appropriate means in which importers, exporters and other interested parties could present evidence and their views; and (b) to respond to a written and oral presentation of other participating interested parties and to submit views as to whether or not the application of a safeguard measure would be in the public interest. (2) The procedures for a public hearing or other appropriate means shall be as prescribed.
Treatment of confidential information
(1) Any information which is by its nature confidential or which is provided on a confidential basis shall, upon cause shown, be treated as such by the Government. Such information shall not be disclosed without specific written permission from the party submitting the confidential information. (2) Parties providing confidential information shall be requested to furnish non-confidential summaries thereof or, if such parties indicate that such information cannot be summarized, the reasons why a summary cannot be provided. (3) If the Government finds that a request for confidential treatment is not warranted, and if the provider of the information is unwilling to make the information public or to authorize its disclosure in generalized or summary form, the Government may disregard such information unless it can be demonstrated to the Government’s satisfaction from appropriate sources that the information is correct.
Preliminary determination
(1) The Government shall, within such period as prescribed, make a preliminary determination regarding— (a) whether the product under investigation is being imported into Malaysia in such increased quantities, absolute or relative to domestic production; and (b) whether under such conditions, it causes or threatens to cause serious injury to the domestic industry that produces like or directly competitive products. (2) If the Government makes a negative preliminary determination with regard to subsection (1), the Government shall publish a notice stating the reasons for the negative determination and— (a) continue the investigation; or (b) terminate the investigation if the Government deems fit. (3) If the Government makes an affirmative preliminary determination with regard to subsection (1), the Government shall continue the investigation and publish a notice of— (a) the affirmative preliminary determination, stating the reasons for its determination with respect to paragraphs (1)(a) and (b); and (b) the provisional safeguard measure applicable. (4) If the decision is to apply a provisional safeguard measure, the notice regarding the application of a provisional safeguard measure shall be as prescribed. (5) If the Government decides not to apply a provisional safeguard measure, the notice of negative preliminary determination shall be as prescribed.
Notification and consultation of a provisional safeguard measure
(1) Once a decision has been taken to apply a provisional safeguard measure and before the measure takes effect, the Government shall notify the Committee in conformity with the requirements established by the Committee. (2) Before the measure is applied, the opportunity to be consulted as referred to in the Agreement shall be provided.
Provisional safeguard measure
(1) The Government may apply a provisional safeguard measure with regard to the product under investigation imported into Malaysia on or after the publication of the notice of affirmative preliminary determination where the Government determines that such measure is necessary to prevent the injury referred to in subsections 8(1) and 9(1) from occurring during the period of investigation. (2) A provisional safeguard measure shall take the form of provisional safeguard duties guaranteed by a bond or security equal to the amount determined by the Government. (3) The provisional safeguard measure imposed under this section shall not exceed two hundred days. (4) If the subsequent investigation does not result in a determination that increased imports have caused or threaten to cause serious injury to the domestic industry, any bond or security shall be promptly released. (5) The collection of any provisional safeguard duties imposed under this Act shall be conducted by an officer of customs.
Final determination
(1) The Government shall, within such period as prescribed, make a final determination regarding— (a) whether the product under investigation is being imported into Malaysia in such increased quantities, absolute or relative to domestic production; and (b) whether under such conditions, it causes or threatens to cause serious injury to the domestic industry that produces like or directly competitive products. (2) Where the Government makes a negative final determination with regard to subsection (1), the Government shall— (a) terminate the investigation; (b) terminate the provisional safeguard measure applied under section 22, and release the bond or security required by such measure; and (c) publish a notice of the negative final determination, stating the reasons for its negative determination. (3) Where the Government makes an affirmative final determination with regard to subsection (1), the Government shall— (a) publish a notice of affirmative final determination; and (b) impose a definitive safeguard measure. (4) The Government shall immediately notify the Committee if the Government determines that increased imports have caused or threaten to cause serious injury to the domestic industry. Any such notification shall conform to the requirement established by the Committee.
Notice of final determination
The Government shall publish a notice of final determination regarding serious injury and causal link as prescribed.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 1 November 2012 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).