27 Feb 2023
DILER DEMIR CELIK ENDUSTRU VE TICARET A.S. ALSO KNOWN AS DILER IRON AND STEEL CO. INC. 1. ) MENTERI KEWANGAN 2. ) MENTERI PERDAGANGAN ANTARABANGSA DAN INDUSTRI 3. ) KETUA PENGARAH JABATAN KASTAM DIRAJA MALAYSIA 4. ) Kerajaan Malaysia 5. ) M
- Citation
- W-01(A)-564-09/2021 (Mahkamah Rayuan)
- Court
- A
- Case number
- W-01(A)-564-09/2021 (Mahkamah Rayuan)
The Court held that taking the internal sale price between the producer and its related wholly-owned subsidiary as the export price was an error of law and inconsistent with s17(2) of the Act and WTO Anti-Dumping Agreement Article 2.3; the export price must be constructed from the price at first resale to an independent buyer with due allowance for costs (including duty drawback) as required by s17(3)/s18 and Article 2.4; the IA also breached disclosure obligations by failing to provide essential transaction-level data and calculation details required by WTO Articles 6 and 12 and s38(4)/s18(8…