On 11 October 2021, the Kuala Lumpur High Court (KLHC Suit No.: WA-25-94-02/2020) allowed the judicial review application filed by a Singaporean Exporter (“Singaporean Exporter
”) to quash the decision of the Minister of Finance and the decision and the recommendation of the Minister of International Trade and Industry (“MITI
”) to impose anti-dumping duties at the rate of 4.97% on steel concrete reinforcing bar (“Rebar
”) products that are hot rolled steel bars containing indentations, ribs, grooves or other deformation originating or exported from the Singaporean Exporter from 22 January 2020 to 21 January 2025.
The High Court’s decision effectively sets aside the anti-dumping duties imposed on imports of Rebar from Singapore under the Notice of Affirmative Final Determination of An Anti-Dumping Duty Investigation with regard to the Imports of Rebar products dated 21 January 2020 (P.U.(B) 46/2020) and the Customs (Anti-Dumping Duty) Order 2020 dated 21 January 2020 (P.U.(A) 22/2020).
The anti-dumping investigation on Rebar products originating or exported from the Republic of Singapore and the Republic of Turkey was initiated by MITI through issuing and publishing a Notice of Initiation in the Government Gazette on 26 April 2019 (P.U.(B) 211/2019).
The main grounds of the judicial review application were that the details, breakdown, computation of how normal value was constructed, and calculation of the dumping margin to enable a proper evaluation and understanding of the calculation of duties imposed were not disclosed to the exporter/manufacturer, which non-disclosure is a departure from the long-standing practice of the Investigation Authority.
This case is significant as it is the first case in Malaysia in regard to this issue on proper transparency of the investigating process, which relates to Malaysia’s obligations as a member of the World Trade Organization (WTO).
The Singaporean Exporter was represented by our Ms. Lim Koon Huan and Mr. Manshan Singh at the judicial review proceedings in the High Court.
The Respondents in this case have filed their Notice of Appeal on 28 October 2021.
Alert prepared by Manshan Singh (Senior Associate) of the Anti-Dumping and Trade Remedies Practice of Skrine.