Written by Fatin Ismail
On 30 July 2025, the Investment, Trade and Industry Minister, Tengku Datuk Seri Zafrul Abdul Aziz tabled the Countervailing and Anti-Dumping Duties (Amendment) Bill 2025 (‘the Bill’).
The Bill, containing 21 clauses in total, seeks to amend the Countervailing and Anti-Dumping Duties Act 1993 (Act 504) by enhancing the legal framework and improving enforcement effectiveness in preventing unfair trade practices to be aligned with the World Trade Organisation standards.
The amendments include:
Amendments to definitions (section 2)
“Subject merchandise”: Refers to goods exported from the exporting country to Malaysia.
“Dumping”: Means exportation at a price lower than the normal value.
“Minister”: Now refers to the Minister of Investment, Trade and Industry.
Insertion of definitions (section 2)
“Circumvention”: Defined as action of an exporter or producer of the subject merchandise to avoid or undermine countervailing or anti-dumping duties.
“Investigating authority”: Designated public officers appointed and authorised by the Minister.
Period of investigation (section 9)
The period of investigation is amended to be consistent with Article 17.1 of the Agreement on Subsidies and Countervailing Measures as Malaysia is one of the Member States under the World Trade Organization.
Suspension of investigation (section 12)
Investigations can now be suspended if the exporting Member agrees to remove or limit the subsidy; or the exporter revises prices.
Duration of Duties (sections 12A and 27A)
Countervailing and anti-dumping duties are imposed for not more than five years unless extended through expiry reviews.
Administrative Review (Sections 13 and 28)
- The submission of any information to the Government in relation to the administrative review shall be made by way of a petition and petitions for review must be submitted with sufficient evidence.
- Streamlined process:
- Rejection if no sufficient evidence;
- Notifications must be issued in writing; and
- Duties may remain in force during the review.
Expiry Reviews (Sections 13C and 28C)
- Allows interested parties to request expiry reviews.
- Government is required to conduct an expiry review and requirement to submit sufficient evidence substantiating the need for an expiry review in relation to countervailing and anti-dumping duty.
Review Determination (Sections 13D and 28D)
- Lays out procedures for conducting reviews.
- Must publish initiation notice, allow party submissions.
- Final determination must be published.
- Reviews can be terminated for:
- Petition withdrawal;
- Changed circumstances; and
- Public interest.
Anti-Circumvention Measures (Sections 37A and 37B)
- The Government can initiate anti-circumvention investigation upon petition or info where sufficiency of evidence and public interest must be assessed.
- If circumvention is proven, duties can be extended to circumventing parties. If not, investigation is terminated.
The Bill is currently at the first reading. The first reading typically is a formal introduction of a Bill to the House of Representatives. A copy of the Bill is available here.
Published on 31 July 2025