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← Countervailing and Anti-Dumping Duties Act 1993

Countervailing and Anti-Dumping Duties Act 1993 s 27

Countervailing and Anti-Dumping Duties Act 1993 s 27

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 27 Suspension of investigation

(1) An investigation may be suspended at any time if price undertakings are accepted by the Government. (8A) The Government may suggest for price undertakings to be provided by exporters, but no exporter shall be obliged to enter into such undertakings. (8B) The fact that the exporters do not offer price undertakings, or do not accept an invitation to do so, shall in no way affect the consideration of the case. (8C) Notwithstanding subsections (8A) and (8B), the Government shall be free to determine that a threat of injury is more likely to be realized if the importation of the subject merchandise continues. (8D) The Government may require any exporter from whom a price undertaking has been accepted to provide, periodically, information relevant to the fulfilment of such undertaking and to permit verification of pertinent information. (8E ) Non-compliance with subsection (8D) shall be construed as a breach of the price undertaking. (9) The Government may resume a suspended investigation at any time if it determines that the price undertakings accepted under subsection (1) no longer meet the requirements of subsection (2) or there is a material violation of the price undertakings. (10) If the Government resumes an investigation pursuant to subsection (9), it shall take expeditious action toβ€” (a) (Deleted by Act A1046); (b) apply provisional measures in conformity with section 24, if appropriate; and (c) make a final determination pursuant to section 25. (11) The Government may use the facts available with respect to any determination under subsection (10) where a material violation of the price undertakings occur. (12) In the cases mentioned in subsection (9), the Government may impose anti-dumping duties in conformity with section 25 on the subject merchandise imported into Malaysia within a period of ninety days prior to the provisional measures applied under subsection (10): Provided that such retroactive assessment shall not be applied to subject merchandise imported prior to the violation. Duration of duty 27 A. 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.

Read this section in the full act β†’ Β· Open Part III β†’

Find Act 504 on lom.agc.gov.my β†—

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

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).

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