Competition Law & Anti-Trust

Notice of Initiation of Administrative Review of an Anti-Dumping Duty with regard to the Imports of Hot Rolled Coils

Citation: P.U. (B) 489 of 2018; Date of Publication: 14 August 2018; Type: Federal Subsidiary Legislation; Date of Legislation: 13 August 2018; Source: AGC Federal Gazette

This is to notify that the Government of Malaysia has received a request from PT Krakatau Steel (Persero) Tbk. for an administrative review on the imposition of an anti-dumping duty on the imports of hot rolled coils originating or exported from the People’s Republic of China and Republic of Indonesia. The Government of Malaysia has initiated the administrative review.

COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993

NOTICE OF INITIATION OF ADMINISTRATIVE REVIEW OF AN ANTI-DUMPING DUTY WITH REGARD TO THE IMPORTS OF HOT ROLLED COILS ORIGINATING OR EXPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA AND THE REPUBLIC OF INDONESIA

(AR 01/18)

Following the publication of a Notice of Affirmative Final Determination of an Anti-Dumping Duty Investigation with regard to the Imports of Hot Rolled Coils Originating or Exported from the People’s Republic of China and Republic of Indonesia in P.U. (B) 38/2015 on 13 February 2015, the Government of Malaysia has received a request for an administrative review on the imposition of an anti-dumping duty on the imports of hot rolled coils originating or exported from the People’s Republic of China and Republic of Indonesia ("subject merchandise”) and pursuant to paragraph 28(1)(a) of the Countervailing and Anti-Dumping Duties Act 1993 [Act 504] and regulation 34 of the Countervailing and Anti-Dumping Regulations 1994 [P.U. (A) 233/1994], the Government of Malaysia initiates an administrative review.

Request for administrative review

1. The request for the administrative review was lodged by-

PT Krakatau Steel (Persero) Tbk.
Jalan Industri Nomor 5 Cilegon,
Banten,
Indonesia,

the foreign producer or exporter of the subject merchandise.

Subject merchandise

2. The subject merchandise allegedly being dumped is as follows-

(a) flat rolled products of alloy (other than stainless steel) and non alloy, hot rolled coils which are classified under the Harmonised System Code (H.S. Code) and ASEAN Harmonised Tariff Nomenclature (AHTN) 7208.36.0000, 7208.37.0000, 7208.38.0000, 7208.39.1000, 7208.39.9000 and 7225.30.9000;

(b) flat rolled products of non alloy, hot rolled coils with patterns in relief which are classified under the Harmonised System Code (H.S. Code) and ASEAN Harmonised Tariff Nomenclature (AHTN) 7208.10.0000; and

(c) flat rolled products of non alloy, hot rolled coils, pickled, which are classified under the Harmonised System Code (H.S. Code) and ASEAN Harmonised Tariff Nomenclature (AHTN) 7208.25.0000, 7208.26.0000, 7208.27.1100 and 7208.27.1900.

These H.S. Code and AHTN are given only for information and have no binding effect on the classification of the subject merchandise.

Existing anti-dumping duties

3. The anti-dumping duties currently in force on the subject merchandise are definitive anti-dumping duties imposed by Customs (Anti-Dumping Duties) Order 2015 [P.U. (A) 24/2015].

Ground for the administrative review

4. (1) The request for the administrative review is based on the ground that the petitioner Megasteel Sdn. Bhd., the sole local producer of hot rolled coils, has ceased production on 31 March 2016.

(2) The Government of Malaysia is satisfied that the request carries sufficient ground to initiate an administrative review.

Procedure

5. Having determined that there is sufficient evidence exists to warrant an administrative review of the anti-dumping duties with regard to the import of subject merchandise, the Government of Malaysia initiates an administrative review pursuant to paragraph 28(1)(a) of the Act and regulation 34 of the Countervailing and Anti-Dumping Regulations 1994.

Questionnaires

6. (1) In order to obtain information deemed necessary for the administrative review, the Government of Malaysia will send questionnaires to-

(a) the Malaysian industry;

(b) PT Krakatau Steel (Persero) Tbk., Benxi Beiying Iron and Steel Group Imp. and Exp. Corp. Ltd., Benxi Iron and Steel (Group) Int'l Economic and Trading Co. Ltd., Rizhao Steel Wire Co. Ltd. and Shanxi Taigang Stainless Steel Co. Ltd.;

(c) the Governments of the People's Republic of China and the Republic of Indonesia.

(2) In any event, all interested parties not contacted by the Ministry of International Trade and Industry (MITI) are invited to contact MITI by facsimile or e-mail in order to find out whether they are listed in the petition referred to in paragraph 1. If necessary, such interested parties may request for a copy of the questionnaires by identifying the nature of their business activities in relation to this review.

Collection of information

7. All interested parties are invited to make their views known in writing, in particular, by replying to the questionnaires addressed to them and by providing supporting evidence.

Time limit

8. (1) All interested parties requesting for a questionnaire shall do so not later than fifteen days after the publication of this notice in the Gazette.

(2) All interested parties must present their views in writing and submit questionnaire responses within thirty days of the date of publication of this notice in the Gazette if such views and responses are to be taken into consideration during the administrative review, unless otherwise specified.

Written submissions, questionnaires responses and correspondences

9. (1) All submissions of information, questionnaires responses and correspondences must be made in writing and sent by post or facsimile and with clear indication of the name, address, e-mail address, telephone and facsimile numbers of the interested parties to-

Director
Trade Practices Section
Ministry of International Trade and Industry (MITI)
Level 9, Menara MITI
No. 7, Jalan Sultan Haji Ahmad Shah
50480 Kuala Lumpur
Malaysia

Telephone: (603) 6208 4632/4636/4637
Facsimile: (603) 6211 4429
E-mail: [email protected]

(2) If the interested parties do not provide the necessary information or the information and views are not received in adequate form within the specified time limit, the Government of Malaysia may make its determination on the basis of the facts available in accordance with section 41 of the Act.

Dated 13 August 2018
[MITI:ID/(S)/AP/AD/045/37 Jld.34; PN(PU2)529/XVIII]

IGNATIUS DARELL LEIKING
Minister of International Trade and Industry

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