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.
Lim Koon Huan (Partner) and Manshan Singh (Senior Associate) of our Trade Remedies Practice acted for an interested party in the matter.