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  • 1.

    What is the main domestic legislation as regards trade remedies?

  • 2.

    In general terms what is your country’s attitude to international trade?

  • 3.

    Which authority or authorities conduct trade defence investigations and impose trade remedies in your jurisdiction?

  • 4.

    What is the procedure for domestic industry to start a trade remedies case in your jurisdiction? Can the regulator start an investigation ex officio?

  • 5.

    What is the procedure for foreign exporters to defend a trade remedies case in your jurisdiction?

  • 6.

    Are the WTO rules on trade remedies applied in national law?

  • 7.

    What is the appeal procedure for an unfavourable trade remedies decision? Is appeal available for all decisions? How likely is an appeal to succeed?

  • 8.

    How and when can an affected party seek a review of the duty or quota? What is the procedure and time frame for obtaining a refund of overcharged duties? Can interest be claimed?

  • 9.

    What are the practical strategies for complying with an anti-dumping/countervailing/safeguard duty or quota?

  • 10.

    Where are normal customs duty rates for your jurisdiction listed? Is there an exemption for low-value shipments? If so, at what level? Is there a binding tariff information system or similar in place? Are there prior notification requirements for imports?

  • 11.

    Where are special tariff rates, such as under free trade agreements or preferential tariffs, and countries that are given preference listed?

  • 12.

    How can GSP treatment for a product be obtained or removed?

  • 13.

    Is there a duty suspension regime in place? How can duty suspension be obtained?

  • 14.

    Where can customs decisions be challenged in your jurisdiction? What are the procedures?

  • 15.

    What government office handles complaints from domestic exporters against foreign trade barriers at the WTO or under other agreements?

  • 16.

    What is the procedure for filing a complaint against a foreign trade barrier?

  • 17.

    What will the authority consider when deciding whether to begin an investigation?

  • 18.

    What measures outside the WTO may the authority unilaterally take against a foreign trade barrier?

  • 19.

    What support does the government expect from the private sector to bring a WTO case?

  • 20.

    What notable trade barriers other than retaliatory measures does your country impose on imports?

  • 21.

    What general controls are imposed on exports?

  • 22.

    Which authorities handle the controls?

  • 23.

    Are separate controls imposed on specific products? Is a licence required to export such products?

  • 24.

    Has your jurisdiction implemented the WCO’s SAFE Framework of Standards? Does it have an AEO programme or similar?

  • 25.

    Where is information on countries subject to export controls listed?

  • 26.

    Does your jurisdiction have a scheme restricting or banning exports to named persons and institutions abroad?

  • 27.

    What are the possible penalties for violation of export controls?

  • 28.

    What government offices impose sanctions and embargoes?

  • 29.

    What countries are currently the subject of sanctions or embargoes by your country?

  • 30.

    Are individuals or specific companies subject to financial sanctions?

  • 31.

    Describe any trade remedy measures, import or export controls not covered above that are particular to your jurisdiction.

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Skrine is one of the largest full-service law firms in Malaysia with a depth of experience in a range of legal matters acquired through its more than 50 years of practice. The firm is currently led by 47 partners with over 100 lawyers across the corporate, dispute resolution and intellectual property divisions.

View more information about Skrine


Kuala Lumpur
50 Jalan Dungun, Damansara Heights
50490
Kuala Lumpur
Malaysia
T: +60 3 2081 3999
F: +60 3 2094 3211


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