On 23 April 2021, the Ministry of International Trade and
Industry ('MITI') issued its final
determination under the Countervailing and Anti-Dumping Duties Act
1993 and the Countervailing and Anti-Dumping Duties Regulations
1994 in respect of the importation of cold rolled stainless steel
in coils, sheets or any other form ('subject
merchandise') originating or exported from the
Republic of Indonesia and the Socialist Republic of Vietnam.
After a full investigation of the matter, MITI found that in
certain cases the export price of the subject merchandise were
lower than their normal value in the country of origin and the
domestic industry in Malaysia producing the like merchandise had
suffered material injury in terms of import volume, market share,
price undercutting, price suppression, price depression, production
and capacity utilisation, sales volume and turnover, profitability,
cash flow, return on investment and return on total assets, that
can be reasonably linked to the importation of the subject
merchandise into Malaysia. The Minister of International Trade and
Industry ('Minister') issued a Notice of
Affirmative Final Determination in this regard.
Accordingly, the Minister of Finance, through the Customs
(Anti-Dumping Duties) Order 2021
('Order'), imposed anti-dumping duties of
between 8.80% and 34.82% of the value of the subject merchandise
originating or exported from the Republic of Indonesia and between
7.81% and 23.84% of the value of the subject merchandise
originating or exported from the Socialist Republic of Vietnam. The
anti-dumping duties apply for a five-year period from 27 April 2021
to 23 April 2026.
In respect of a particular Indonesian producer/exporter
('relevant company'), MITI found that the
dumping margin with regard to the subject merchandise
is de minimis where the dumping margin is less
than two per centum of the export price. The Minister accordingly
issued a Notice of Negative Final Determination in relation to the
relevant company. Therefore imports of all subject merchandise from
the relevant company are not subject to any anti-dumping duties set
out in the Order and any provisional anti-dumping duties that had
been imposed on the relevant company are to be released.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.