On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 30/05/1997.
PART V
GENERAL
33.
—(1) If, for the purposes of this Act, the comparison of the export prices of goods exported to Singapore and corresponding normal values of like goods requires a conversion of currencies, that conversion, subject to subsections (3) and (5), shall be made using the rate of exchange on the date of sale.
(2) The date of sale shall, in so far as is appropriate, be the date of contract, purchase order, order confirmation or invoice as determined by the Minister as that which establishes the material terms of the sale of the exported goods.
(3) If, in relation to goods exported to Singapore, a forward rate of exchange is used, the Minister shall, in any conversion of currencies under subsection (1), use that rate of exchange.
(4) If —
(a)
the comparison referred to in subsection (1) requires the conversion of currencies; and
(b)
the rate of exchange between those currencies has undergone a short-term fluctuation,
the Minister shall, for the purposes of that comparison, disregard that fluctuation.
(5) If —
(a)
the comparison referred to in subsection (1) requires the conversion of currencies; and
(b)
the Minister is satisfied that the rate of exchange between those currencies has undergone a sustained movement during the period of investigation,
the Minister shall allow exporters at least 60 days to adjust their export prices to reflect the sustained movement.
34.
—(1) All interested parties in a countervailing or anti-dumping duty investigation or review shall be given notice of the information required by the Minister and opportunities to present all evidence they consider relevant.
(2) The Minister shall, whenever practicable, provide timely opportunities for all interested parties to see information submitted that is not confidential and which is relevant to the presentation of their case.
(3) Throughout a countervailing or anti-dumping investigation or review, all interested parties shall have a full opportunity for the defence of their interests.
(4) The Minister shall, on request, provide timely opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered.
(5) Provision of such opportunities shall take account of the need to preserve confidentiality and of the convenience to the parties.
(6) There shall be no obligation on any party to attend a meeting, and failure to do so shall not be prejudicial to that party’s case.
(7) Interested parties shall also have the right, on justification, to present other information orally which shall be reproduced in writing.
(8) The Minister shall, before a final determination is made in an investigation or review, inform all interested parties of the essential facts under consideration which form the basis for the decision.
35.
—(1) Any information which is by its nature confidential, or any information which is provided on a confidential basis to the Minister, the Tribunal or any other person authorised by the Minister shall, for good cause shown, be treated as such by the Minister, the Tribunal and any person having access to such information.
(2) The confidential nature of a document shall not be used as a reason for refusing to provide it to the Minister, the Tribunal or any person authorised by the Minister.
(3) The Minister and the Tribunal shall be responsible for ensuring the confidentiality of such documents.
(4) Confidential information shall not be disclosed without specific written permission from the party submitting the confidential information.
(5) The Minister or the Tribunal shall require parties providing confidential information to furnish non-confidential summaries that are sufficient in detail to permit reasonable understanding of the substance of the confidential information.
(6) Where such parties indicate that such information is not susceptible of summary, a statement of reasons why summarisation is not possible shall be provided.
(7) The Minister or the Tribunal may disregard information presented if —
(a)
the Minister or the Tribunal finds that a request for confidentiality under subsection (1) is not warranted and the supplier of the information nevertheless is unwilling to make the information public;
(b)
the non-confidential summaries as required under subsection (5) are not in sufficient detail; or
(c)
the reasons given for not providing non-confidential summaries under subsection (6) are inadequate and the supplier of the information nevertheless refuses to provide non-confidential summaries.
36. The Minister may give to the Director-General of Customs and Excise, any public officer or any officer of any statutory board such written directions in connection with the carrying out or giving effect to the powers and duties of the Minister under this Act as the Minister thinks fit, and the Director-General of Customs and Excise, public officer or officer shall comply with the directions so given.
37. Where any interested party refuses access to, or otherwise does not provide, necessary information within a reasonable period or significantly impedes an investigation or review, including refusal to allow verification of its information, preliminary and final determinations may be made on the basis of the facts available.
38.
—(1) If, in the course of an anti-dumping investigation or review, the Minister discovers practices which appear to be dumping but which were not included in the matters alleged in the petition, the Minister may, if there is sufficient time, investigate those practices.
(2) If, in the course of a countervailing duty investigation or review, the Minister discovers practices which appear to be countervailable subsidies but which were not included in the matters alleged in the petition, the Minister may, if there is sufficient time, investigate those practices.
39. When no applicable international obligation on countervailing and anti-dumping duties exists between Singapore and any interested foreign government, the Minister may take such action as may be prescribed.
40. Where goods are not imported into Singapore directly from the country of origin, but are exported to Singapore from an intermediate country, the provisions of this Act and any regulations made thereunder shall be fully applicable and the transaction, for the purposes of this Act and those regulations, shall be regarded as having taken place between the country of origin and Singapore.
41. All notices required to be published under this Act shall be published in the Gazette, unless otherwise specified.
42. No goods shall be subject to both anti-dumping and countervailing duties to compensate for the same situation of dumping and export subsidisation.
43. Any investigation conducted under this Act shall not hinder procedures for customs clearance.
44. Any person acting for and on behalf of or under the direction of the Minister under this Act or any regulations made thereunder shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).
45.
—(1) No person who has access to any statement, accounts, record, correspondence, document, information or any other material obtained pursuant to the provisions of this Act or any regulations made thereunder shall disclose such statement, accounts, record, correspondence, document, information or other material to any other person unless such disclosure is —
(a)
authorised by the Minister; or
(b)
made for the purposes of this Act.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.
46.
—(1) The Minister may make such regulations as may be necessary or expedient for giving full effect to or for carrying out the provisions of this Act.
(2) Without prejudice to the generality of subsection (1), regulations may be made —
(a)
to prescribe the time periods for any action to be taken under this Act;
(b)
to provide for extensions of time for any action to be taken and the circumstances when extensions may be granted;
(c)
to provide for the form and content of notices required for the purposes of this Act and the procedures related to the giving of such notices;
(d)
to provide for the procedures of investigations, reviews and appeals;
(e)
to provide for any fee to be charged in respect of any matter required for the purposes of this Act;
(f)
to provide for the forms of undertakings which may be accepted by the Minister and the procedures related thereto;
(g)
to provide for the applicable currency to be used in any computation required for the purposes of this Act and the rate of exchange applicable for any conversion of currency required;
(h)
to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the World Trade Organisation Agreement, the Agreement on Countervailing and Subsidies Measures, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Agriculture as amended or supplemented by any protocol or agreement to which Singapore is a party; and
(i)
to provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
47. The repealed Customs (Dumping and Subsidies) Act (Cap. 71, 1985 Ed.) and any subsidiary legislation made thereunder in force immediately before 1st November 1996 shall continue to apply to any representation, investigation, application or order made or thing done under that Act or subsidiary legislation as if this Act had not been enacted but shall not apply to the procedure for any review of existing measures initiated, pursuant to an application, after that date.