JUDGMENT
[1] In the field of international trade, States that are members of the World Trade Organisation ("WTO") pledge themselves to be fair to other States whilst promoting their own domestic markets. It is an example of a man, left to his own devices, has a way of gravitating towards promoting his own interest at the expense of others. In international trade, States recognise this danger operating at the international arena where one country and its members may dump its products in another at a price lower than the price in its own home market so as to injure the local market of another country.
[2] Price is no longer what a buyer is prepared to pay for a seller's product. If one sells one's product in another country below the price of that comparable product and trade in one's own country then that is dumping of the product in the importing country. "Dumping" means the importation of merchandise into Malaysia at less than its normal value as sold in the domestic market of the exporting country. If the relevant authorities can show that there is injury caused to the domestic market in the importing country, then anti-dumping duties may be imposed on the exporter for the export of the product to the importing country.
[3] The mischief addressed is to level the playing field for a fair competition such that no one would be able to gain an unfair advantage over another in world trade and in the process cause or threaten to cause a material injury to or to retard the growth of the domestic industry in another member Country.
[4] Whilst the concept is easy to understand, the mechanics and methodology of its calculation are more complicated and as they say the devil is in the details. In the present dispute, it is over the import of Steel Concrete Reinforcing Bar Products ("Rebar") to Malaysia by Malaysian importers from a company in Turkey. Some members of the Malaysian Steel Association ("MSA") were aggrieved with the sale of the Rebar in our domestic market from Turkey which they said were sold at a price below the "normal value" of the product in Turkey and thus Dumping in nature.