. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/MYS/7
G/SCM/Q1/MYS/7
20 March 2001
(01-1357)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Follow-up Questions Posed by the UNITED STATES
Regarding the Notification of MALAYSIA1
The following communication, dated 19 March 2001, has been received from the Permanent
Mission of the United States
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1. In response to Q3 from the United States, regarding interested party access to confidential
information pursuant to the type of protective orders discussed in footnote 17 to Article 6.5 of theA-D Agreement and footnote 42 to Article 12.4 of the SCM, Malaysia has indicated that “generally
Malaysia does not provide such information.”
(a) Have there been any A-D or CVD cases in which Malaysia allowed an interested
party or parties to obtain access to such confidential information?  If so, please
indicate the circumstances for granting such access and the procedural safeguards
employed to protect the confidential nature of the information.
(b) If Malaysia has never allowed interested parties access to confidential information in
any A-D or CVD case, please indicate under what circumstances Malaysia would
grant access to such information to interested parties.  Please indicate what procedural
safeguards Malaysia would follow in such circumstances.
(c) Is Malaysia currently examining any procedures to provide interested parties with
access to confidential information?  Has Malaysia considered taking any steps to
facilitate access to such information, such as the use of a narrowly-drawn protective
order, as discussed in footnote 17 to  Article 6.5 of the A-D Agreement and
footnote 42 to Article 12.4 of the SCM Agreement, that would allow access to
companies subject to the investigation?  If so, please explain.
(d) Do Malaysian authorities rely upon confidential information in making
determinations under the A-D Agreement and SCM Agreement?  If so, in whatmanner does Malaysia fulfill its obligation under Article 6.9 of the A-D Agreement,
and 12.8 of the SCM Agreement, in particular with respect to such information?
2. In response to Q6 from the United States, it appears that Malaysia anticipates additional
legislation to implement the start-up provision contained in Article 2.2.1.1 of the A-D Agreement.
                                                     
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(a) Please explain whether companies that demonstrate their entitlement to an adjustment
to cost of production for “start-up operations” under Article 2.2.1.1 may receive such
adjustment absent an express provision on start-up in Malaysian Law (i.e. the 1998Amendments or the 1999 Regulations).
(b) Given the absence of a “start-up” provision in Malaysian law, please clarify under
what legal authority Malaysia would fulfill its obligations to make a start-up
adjustment to cost of production under Article 2.2.1.1.
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