Notice of Affirmative Final Determination of an Anti-Dumping Duty Investigation with regard to the Imports of Polyethylene Terephthalate ...
P.U. (A) 93 of 2015; Federal Subsidiary Legislation; Issuing Authority: Minister of International Trade and Industry
10 March 2015 (Date of Publication in Gazette: 12 March 2015) | Source: Attorney General’s Chambers E-Federal Gazette

COUNTERVAILING AND ANTI-DUMPING DUTIES ACT 1993

NOTICE OF AFFIRMATIVE FINAL DETERMINATION OF AN ANTI-DUMPING DUTY INVESTIGATION WITH REGARD TO THE IMPORTS OF POLYETHYLENE TEREPHTHALATE ORIGINATING OR EXPORTED FROM THE PEOPLE'S REPUBLIC OF CHINA, REPUBLIC OF INDONESIA AND REPUBLIC OF KOREA

(AD 01/14)

In exercise of the powers conferred by paragraph 25(4)(a) of the Countervailing and Anti-Dumping Duties Act 1993 [Act 504] and regulation 15 of the Countervailing and Anti-Dumping Duties Regulations 1994 [P.U.(A) 233/1994], the Government has made a final determination under subsection 25(1) of the Act that-

(a) a dumping margin exists with regard to the polyethylene terephthalate with the intrinsic viscosity of more than 0.70 deciliter/gram classified under the Harmonised System Code (H.S. Code) 3907.60 000 and ASEAN Harmonised Tariff Nomenclature (AHTN) 3907.60.20 00 originating or exported from the People's Republic of China, Republic of Indonesia and Republic of Korea into Malaysia ("subject merchandise"); and

(b) an injury is found to exist because the domestic industry in Malaysia producing the like product has suffered material injury by reason of the importation of the subject merchandise.

Reasons for affirmative final determination

2. The reasons for the affirmative final determination are as follows:

(a) the export price of the subject merchandise is less than its normal value;

(b) the domestic industry in Malaysia producing the like product has suffered material injury that can be reasonably linked to the importation of the subject merchandise; and

(c) the dumping margin is found to exist through the dumping activities by the producers or exporters from the People's Republic of China, Republic of Indonesia and Republic of Korea which are as follows:

  Countries Producers/Exporters Dumping Margin
(i) People's Republic of China China Resources Packaging Materials Co., Ltd. 7.18%
    Far Eastern Industries (Shanghai) Ltd. 1.20%
    Guangdong IVL PET Polymer Co., Ltd. 14.91%
    Jiangsu Xingye Plastics Co., Ltd. 4.26% 
    Jiangyin Xingyu New Materials Co., Ltd. -2.19%
    Others 14.91%
 (ii) Republic of Indonesia PT Indorama Polypet Indonesia
7.21%
    PT Indo-Rama Synthetics Tbk 2.87%
 
PT Indorama Ventures 5.72%


Others 7.21%
 (iii) Republic of Korea All producers/exporters 14.91%

Anti-dumping duties

3. The anti-dumping duties to be imposed shall be as specified in the Schedule.

Reason for imposition of anti-dumping duties

4. The reason for the imposition of anti-dumping duties under paragraph 3 is to prevent the injury to the domestic industry in Malaysia producing the like product.

Period of imposition of anti-dumping duties

5. The anti-dumping duties imposed under paragraph 3 shall apply for a period of five years from 14 March 2015 to 13 March 2020.

 

SCHEDULE

[Paragraph 3]

ANTI-DUMPING DUTIES

  Countries Producers/Exporters Rate o f Duties
(Percentage (%)
of the Cost,
Insurance and
Freight (CIF)
Value)
1. People's Republic of China China Resources Packaging Materials Co., Ltd. 7.18%
    Far Eastern Industries (Shanghai) Ltd. Nil
    Guangdong IVL PET Polymer Co., Ltd. 14.91%
    Jiangsu Xingye Plastics Co., Ltd. 4.26%
    Jiangyin Xingyu New Materials Co., Ltd. Nil
    Others 14.91%
2. Republic of Indonesia PT Indorama Polypet Indonesia
7.21%
    PT Indo-Rama Synthetics Tbk 2.87%


PT Indorama Ventures 5.72%


Others 7.21%
3. Republic of Korea All producers/exporters 14.91%

Dated 10 March 2015
[MITI:ID/(S)/AP/AD/045/36; PN(PU2)529/XVII]

DATO' SRI MUSTAPA BIN MOHAMED
Minister of International Trade and Industry

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