On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 30/05/1997.
PART II
COUNTERVAILING DUTIES
3.
—(1) The Minister may impose a countervailing duty on the subject goods imported into Singapore where he determines —
(a)
that a countervailable subsidy is being provided with respect to the subject goods; and
(b)
that injury is found to exist in any one of the following ways:
(i)
the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods;
(ii)
the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; or
(iii)
the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore.
(2) The amount of countervailing duty to be imposed —
(a)
shall be equal to the countervailable subsidy determined to be provided with respect to the subject goods; or
(b)
if the Minister determines that a lower countervailing duty is sufficient to eliminate the injury determined in subsection (1)(b), shall be such lower duty.
(3) For the purposes of this section —
(a)
it must be demonstrated that the subject goods are causing injury within the meaning of this Act;
(b)
the demonstration of a causal relationship between the subject goods and the injury to the domestic industry shall be based on an examination of all relevant evidence before the Minister;
(c)
the Minister shall also examine any known factors other than the subject goods which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subject goods.
(4) Where the country of origin of the subject goods is a non-market economy country, the countervailable subsidy and countervailing duty shall be determined in the prescribed manner.
4.
—(1) A written petition requesting that a countervailing duty investigation be initiated with regard to goods imported, or likely to be imported, into Singapore may be submitted to the Minister by any person on behalf of the domestic industry producing like goods.
(2) A petition shall be in such form as may be determined by the Minister and shall include evidence of each of the elements specified in section 3(1) and all other evidence that may be prescribed.
(3) The Minister shall, within the period prescribed, review the petition and other available information and determine whether —
(a)
sufficient evidence to warrant the initiation of an investigation into whether the elements necessary for the imposition of a countervailing duty as provided under section 3(1) exists; and
(b)
such an investigation is in the public interest.
(4) Where the Minister determines that sufficient evidence does not exist to warrant the initiation of a countervailing duty investigation or that such an investigation is not in the public interest, the Minister shall as soon as practicable notify the petitioner of his determination not to initiate an investigation.
(5) Where the Minister determines that sufficient evidence exists to warrant the initiation of a countervailing duty investigation and that such an investigation is in the public interest, the Minister shall notify the appropriate interested parties and publish a notice of initiation of investigation.
(6) The Minister may, in special circumstances, initiate a countervailing duty investigation on his own accord where he has sufficient evidence of each of the elements specified in section 3(1).
(7) Where the Minister decides to initiate an investigation under subsection (6), he shall notify the appropriate interested parties and publish a notice of initiation of investigation.
(8) Notwithstanding any provision in this section, the Minister shall not initiate an investigation unless he has determined on the basis of an examination of the degree of support for, or opposition to, any written petition submitted under subsection (1) —
(a)
that the written petition is supported by domestic producers of like goods whose collective output constitutes more than 50% of the total production of the like goods produced by that portion of the domestic industry expressing either support for or opposition to the written petition; and
(b)
that the domestic producers of like goods expressly supporting the written petition account for not less than 25% of the total production of the like goods produced by the domestic industry.
(9) For the purposes of subsection (8), in the case of fragmented industries involving an exceptionally large number of producers, the Minister may determine the support and opposition by using statistically valid sampling techniques.
5.
—(1) Before initiating a countervailing duty investigation and throughout such an investigation, the Minister shall provide any interested foreign government an opportunity for consultation for the purpose of clarifying matters relevant to the investigation and arriving at a mutually agreed solution.
(2) The consultations shall not impede the conduct of the investigation.
6. All countervailing duty investigations shall, except in special circumstances, be concluded by the Minister within one year, and in no case more than 18 months after initiation.
7.
—(1) The Minister shall, within such period as may be prescribed, make a preliminary determination regarding —
(a)
whether a countervailable subsidy is being provided with respect to the subject goods, and the amount of such countervailable subsidy; and
(b)
whether injury is found to exist in any one of the following ways:
(i)
the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods;
(ii)
the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; or
(iii)
the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore.
(2) If the Minister makes a negative preliminary determination under subsection (1), he shall publish a notice stating the reasons therefor and may terminate the investigation if the Minister is satisfied that there is insufficient evidence of either subsidisation or of injury to justify proceeding with the investigation.
(3) If the Minister makes an affirmative preliminary determination under subsection (1), he shall continue the investigation and publish a notice of —
(a)
the affirmative preliminary determination stating the reasons for his determination under subsection (1) (a ) and (b ); and
(b)
the provisional measures applicable.
8.
—(1) The Minister shall apply provisional measures with regard to the subject goods imported into Singapore on or after the publication of the notice of affirmative preliminary determination where the Minister determines that such measures are necessary to prevent the injury referred to in section 7(1)(b) from occurring during the period of investigation.
(2) Provisional measures shall not be imposed sooner than 60 days from the date of initiation of the investigation.
(3) Provisional measures shall take the form of a provisional duty or a security equal to the amount of the estimated countervailable subsidy determined under section 7(1).
(4) The application of provisional measures shall be limited to as short a period as possible but shall in no case exceed 4 months.
9.
—(1) The Minister shall, within such period as may be prescribed, make a final determination regarding —
(a)
whether a countervailable subsidy is being provided with respect to the subject goods, and the amount of such countervailable subsidy; and
(b)
whether injury is found to exist in any one of the following ways:
(i)
the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods;
(ii)
the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; or
(iii)
the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore.
(2) Where the Minister makes a negative final determination under subsection (1), he shall —
(a)
terminate the investigation;
(b)
terminate any provisional measures applied under section 8 and refund any provisional duty paid and release any security required by such measures; and
(c)
publish a notice of the negative final determination stating the reasons therefor.
(3) Where the Minister makes an affirmative final determination under subsection (1), he shall —
(a)
publish a notice of the affirmative final determination stating the reasons therefor, the countervailing duties applicable and the subject goods on which the countervailing duties apply;
(b)
impose countervailing duties in accordance with section 3(2) on the subject goods imported into Singapore on or after the date of publication of the affirmative final determination; and
(c)
impose countervailing duties in accordance with subsections (5) and (6) on imports into Singapore for which provisional measures were applied.
(4) Where an affirmative final determination has been made, the Minister may take into consideration public interest in determining whether to impose countervailing duties and the amount of such duties.
(5) The Minister shall impose countervailing duties on the subject goods against which provisional measures were applied if the Minister —
(a)
makes a determination of material injury under subsection (1)(b)(i); or
(b)
makes a determination of threat of material injury under subsection (1)(b)(ii) and finds that the import of the subject goods, in the absence of the provisional measures, would have led to a finding of material injury under subsection (1)(b)(i).
(6) With respect to the imposition of any countervailing duty under subsection (5) —
(a)
where the countervailing duty is higher than the provisional duty or the amount guaranteed by the security required under the provisional measures, only the amount equal to the provisional duty or the security given shall be imposed; and
(b)
where the countervailing duty is less than the provisional duty or the amount guaranteed by the security required under the provisional measures, the full amount of the countervailing duty shall be imposed and the excess provisional duty paid or security given shall be reimbursed or released.
(7) Where no countervailing duties are imposed under subsection (5) on the subject goods against which the provisional measures were applied, the Minister shall refund the provisional duty paid and release the security required by the provisional measures.
(8) Notwithstanding subsections (3) and (5), the Minister may impose countervailing duties on the subject goods imported into Singapore within a period of 90 days prior to the application of provisional measures, but in no case earlier than the date of initiation of the investigation, if —
(a)
the Minister finds injury that is difficult to repair;
(b)
such injury is being caused by massive imports of the subject goods in a relatively short period of time and the Minister considers the retroactive imposition of duties necessary to preclude the recurrence of such injury; and
(c)
countervailable subsidies are being provided with respect to the subject goods in a manner inconsistent with the provisions of the General Agreement of Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures.
(9) When a countervailing duty is imposed on the subject goods, such countervailing duty shall, as provided in the regulations, be imposed in the appropriate amount on a non-discriminatory basis on all imports of such goods into Singapore from the country found to be subsidising the subject goods.
10.
—(1) Notwithstanding any other provisions of this Act but subject to subsection (2), an investigation may be terminated at any time if —
(a)
the petitioner withdraws the petition; or
(b)
the Minister determines that such termination is in the public interest.
(2) An investigation shall be terminated immediately if the Minister determines that the amount of countervailable subsidy is de minimis or that the volume of subsidised imports, actual or potential, or the injury, is negligible.
(3) For the purpose of subsection (2) —
(a)
the amount of countervailable subsidy shall be considered to be de minimis if the amount is less than the prescribed percentage, expressed as an ad valorem percentage; and
(b)
the volume of subsidised imports shall be regarded as negligible if the volume of subsidised imports from a particular country is found to account for less than the prescribed percentage of the imports of the like goods into Singapore.
(4) If a termination under subsection (1) or (2) occurs prior to the preliminary determination, the Minister shall publish a notice of such termination stating the reasons therefor.
(5) If a termination under subsection (1) or (2) occurs after the preliminary determination, the Minister shall —
(a)
terminate any provisional measures applied and refund the provisional duties paid or release the security required by such measures; and
(b)
publish a notice of such termination stating the reasons therefor.
11.
—(1) An investigation may be suspended if undertakings are accepted by the Minister.
(2) Before accepting the undertakings, the Minister shall determine that such undertakings —
(a)
will eliminate the countervailable subsidy or the injurious effects caused by the subject goods;
(b)
can be monitored effectively; and
(c)
are in the public interest.
(3) If the undertakings are accepted by the Minister, which undertakings shall be accepted only after an affirmative preliminary determination, the Minister shall —
(a)
suspend the investigation;
(b)
suspend any provisional measures applied under section 8 and refund the provisional duty paid and release the security required by such measures as the Minister may think appropriate; and
(c)
publish a notice stating the reasons for the suspension of the investigation and the actions under paragraph (b).
(4) Notwithstanding the acceptance of the undertakings, the investigation shall be completed upon the written request of the interested foreign government or if the Minister so decides.
(5) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes an affirmative final determination, the undertakings shall remain in effect subject to the provisions of this Act.
(6) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes a negative determination, the undertakings shall lapse, except in circumstances referred to in subsection (7).
(7) Where the negative determination referred to in subsection (6) is due in large part to the existence of the undertakings, the undertakings may be maintained subject to the provisions of this Act.
(8) The Minister may take any action under subsection (9) or (10) at any time if he determines that —
(a)
the undertakings accepted under subsection (1) no longer meet the requirements of subsection (2); or
(b)
there is a material violation of the undertakings.
(9) Where an investigation has not been completed despite subsection (4), the Minister may resume the investigation and take expeditious action to —
(a)
make a preliminary determination under section 7;
(b)
apply provisional measures in conformity with section 8 if appropriate; and
(c)
make a final determination under section 9 within the prescribed period after the publication of the preliminary determination.
(10) Where an investigation has been completed under subsection (4), the Minister may forthwith make a final determination under section 9 and collect the countervailing duties applicable.
(11) The Minister may use the facts available with respect to any determination under subsection (9) where a material violation of the undertakings occurs.
(12) Where the Minister resumes an investigation under subsection (8)(b), the Minister may impose countervailing duties in conformity with section 9 on the subject goods imported into Singapore within a period of 90 days prior to the provisional measures applied under subsection (9)(b).
(13) No retroactive assessment under subsection (12) shall be applied to the subject goods imported prior to the violation of the undertakings.
12.
—(1) Whenever any interested party provides information to the Minister, or the Minister otherwise obtains information, that —
(a)
the amount of countervailable subsidy has changed substantially;
(b)
a refund of the countervailing duty imposed is appropriate;
(c)
the imposition of a countervailing duty is no longer necessary;
(d)
an undertaking is no longer necessary or should be modified;
(e)
a countervailing duty or undertaking which is required to be terminated under subsection (7) should be maintained; or
(f)
an expedited review is required for exporters who were not previously investigated,
the Minister shall conduct a review if he determines that such review is in the public interest or is required under the Agreement on Subsidies and Countervailing Measures.
(2) No review shall be undertaken under subsection (1) unless the period prescribed has lapsed.
(3) If the Minister decides to conduct a review under subsection (1), he shall —
(a)
publish a notice of the initiation of a review; and
(b)
conduct such review and allow interested parties an opportunity to provide comments.
(4) Any review conducted under this section shall be completed within such period as may be prescribed.
(5) On the completion of the review, the Minister shall publish a final determination in the review stating the reasons therefor.
(6) Except in the case of a review under subsection (1)(b) or an expedited review under subsection (1)(f), any determination made under subsection (5) shall apply to the subject goods imported on or after the date of publication of the final determination in the review.
(7) Countervailing duties shall not be collected on imports made after 5 years from the date of the publication of the notice of the final determination and undertakings shall automatically lapse with respect to imports made after 5 years from the date of publication of the notice of suspension of the investigation, unless the Minister determines on the basis of a review under this section that the termination of such duties or undertaking would be likely to lead to continuation or recurrence of subsidisation and injury.
13.
—(1) An interested party shall have the right of review by the Tribunal against any —
(a)
affirmative or negative final determination under section 9; or
(b)
final review determination under section 12(5).
(2) An application for review shall be filed within 30 days of the date of the notice of final determination under section 9 or of the date of publication of the final determination under section 12(5).
(3) The Tribunal may, upon review, affirm the determination or remit the matter to the Minister for reconsideration.
(4) The Minister shall implement any decision of the Tribunal under subsection (3).