PART 3 | Imposition of anti-dumping duties |
14.—(1) The Minister may impose an anti-dumping duty on the subject goods imported into Singapore where he or she determines —| (a) | that the export price of the subject goods is less than the normal value; and | | (b) | that injury is found to exist in any one of the following ways:| (i) | the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; | | (ii) | the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; | | (iii) | the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. |
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(2) The amount of anti-dumping duty to be imposed —| (a) | is equal to the dumping margin determined to exist with respect to the subject goods; or | | (b) | if the Minister determines that a lower anti-dumping duty will be sufficient to eliminate the injury determined in subsection (1)(b), is such lower duty. |
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(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 must be based on an examination of all relevant evidence before the Minister; | | (c) | the Minister must 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. |
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15.—(1) For the purpose of this Act, the normal value of any subject goods is the comparable price actually paid or payable in the ordinary course of trade for like goods sold for consumption in the domestic market of the exporting country.(2) Where there are no sales in the domestic market of the exporting country under subsection (1), or where, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country, such sales do not permit a proper comparison, the normal value of the subject goods is —| (a) | the comparable price actually paid or payable in the ordinary course of trade for like goods exported to any appropriate third country, provided that such price is representative; or | | (b) | the constructed value of the subject goods which must include the cost of production in the exporting country, plus a reasonable amount for profits. |
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| (3) For the purpose of subsection (2), sales of like goods destined for consumption in the domestic market of the exporting country or the appropriate third country is normally considered a sufficient quantity for the determination of the normal value if such sales constitute 5% or more of the sales of the subject goods to Singapore, except that a lower ratio is acceptable where the evidence shows that domestic sales at such lower ratio are of sufficient magnitude to provide for a proper comparison. |
| (4) Sales of the like goods in the domestic market of the exporting country or sales to a third country at prices below per unit cost of production may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determining normal value only if the Minister determines that such sales are made within an extended period of time in substantial quantities and are at prices which do not provide for the recovery of all costs within a reasonable period of time. |
| (5) For the purpose of determining the cost of production referred to in subsections (2)(b) and (4), the cost of production must be computed on the basis of all fixed and variable costs of manufacturing for sale in the exporting country plus a reasonable amount for selling, administrative and other general expenses. |
(6) In the circumstances described in subsection (4), the normal value of any subject goods may be determined on the basis of —| (a) | the remaining sales in the domestic market made at a price which is not less than the cost of production, provided that such remaining sales are in sufficient quantities; or | | (b) | where the sale does not exist in sufficient quantities in the domestic market, the remaining sales in the third country market made at a price which is not less than the cost of production, provided that such remaining sales are in sufficient quantities. |
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| (7) Where the remaining sales are not in sufficient quantities for the calculation of normal value under subsection (6), the normal value of any subject goods may be determined on the basis of the constructed value as described in subsection (2)(b). |
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16.—(1) The export price of any subject goods is the price actually paid or payable for the subject goods.| (2) Where there is no export price, or where there is an association or a compensatory arrangement between the exporter and the importer or a third party and it appears that the price actually paid or payable for the subject goods is unreliable, the export price may be constructed on the basis of the price at which the subject goods are first resold to an independent buyer or, if the subject goods are not resold to an independent buyer or not resold in the condition imported, on any reasonable basis. |
| (3) If the export price is constructed as described in subsection (2), allowance must be made for all costs incurred between importation and resale. |
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| Comparison of normal value and export price |
17.—(1) A fair comparison must be made between the export price and the normal value of any subject goods, and due allowance must be made in each case on its merits for differences which affect price comparability.| (2) The comparison under subsection (1) must be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. |
| (3) Subject to subsections (1) and (2), the existence of the margin of dumping must, unless otherwise provided by regulations, normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions of the subject goods. |
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| Subject goods from non-market economy country |
| 18. Where the country of origin of any subject goods is a non‑market economy country, the normal value of the subject goods must be determined in the prescribed manner. |
| Initiation of investigation |
19.—(1) A written petition requesting that an anti-dumping 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 must be in such form as may be determined by the Minister and must include evidence of each of the elements specified in section 14(1) and all other evidence that may be prescribed. |
(3) The Minister must, 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 an anti-dumping duty as provided under section 14(1) exists; and | | (b) | such an investigation is in the public interest. |
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| (4) Where the Minister determines that sufficient evidence does not exist to warrant the initiation of an anti-dumping duty investigation or that such an investigation is not in the public interest, the Minister must as soon as practicable notify the petitioner of his or her determination not to initiate an investigation. |
| (5) Where the Minister determines that sufficient evidence exists to warrant the initiation of an anti-dumping duty investigation and that such an investigation is in the public interest, the Minister must notify the appropriate interested parties and publish a notice of initiation of investigation. |
| (6) The Minister may, in special circumstances, initiate an anti‑dumping duty investigation on his or her own accord where he or she has sufficient evidence of each of the elements specified in section 14(1). |
| (7) Where the Minister decides to initiate an investigation under subsection (6), he or she must notify the appropriate interested parties and publish a notice of initiation of investigation. |
(8) Despite any provision in this section, the Minister must not initiate an investigation unless he or she 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 at least 25% of the total production of the like goods produced by the domestic industry. |
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| (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. |
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| Duration of investigation |
| 20. All anti-dumping duty investigations must, except in special circumstances, be concluded by the Minister within one year, and in no case more than 18 months after initiation. |
| Preliminary determination of dumping and injury |
21.—(1) The Minister must, within such period as may be prescribed, make a preliminary determination regarding —| (a) | whether a dumping margin exists with respect to the subject goods, and the amount of such a margin; and | | (b) | whether injury is found to exist in any one of the following ways:| (i) | the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; | | (ii) | the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; | | (iii) | the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. |
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| (2) If the Minister makes a negative preliminary determination under subsection (1), he or she must publish a notice stating the reasons therefor and may terminate the investigation if the Minister is satisfied that there is insufficient evidence of either dumping or of injury to justify proceeding with the investigation. |
(3) If the Minister makes an affirmative preliminary determination under subsection (1), he or she must continue the investigation and publish a notice of —| (a) | the affirmative preliminary determination stating the reasons for the Minister’s determination under subsection (1)(a) and (b); and | | (b) | the provisional measures applicable. |
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22.—(1) The Minister must 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 21(1)(b) from occurring during the period of investigation.| (2) Provisional measures must not be imposed sooner than 60 days from the date of initiation of the investigation. |
| (3) Provisional measures must take the form of a provisional duty or a security equal to the amount of the estimated dumping margin determined under section 21(1). |
| (4) Provisional measures imposed under this section must not exceed such period as may be prescribed. |
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| Final determination of dumping and injury |
23.—(1) The Minister must, within such period as may be prescribed, make a final determination regarding —| (a) | whether a dumping margin exists with regard to the subject goods, and the amount of such margin; and | | (b) | whether injury is found to exist in any one of the following ways:| (i) | the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; | | (ii) | the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; | | (iii) | the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. |
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(2) Where the Minister makes a negative final determination under subsection (1), he or she must —| (a) | terminate the investigation; | | (b) | terminate any provisional measures applied under section 22 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. |
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(3) Where the Minister makes an affirmative final determination under subsection (1), he or she must —| (a) | publish a notice of the affirmative final determination stating the reasons therefor, the anti‑dumping duties applicable and the subject goods on which the anti‑dumping duties apply; | | (b) | impose anti-dumping duties in the amounts determined in the final determination in accordance with section 14(2) on the subject goods imported into Singapore on or after the date of publication of the final determination; and | | (c) | impose anti-dumping duties in accordance with subsections (5) and (6) on imports into Singapore for which provisional measures were applied. |
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| (4) Where an affirmative final determination has been made, the Minister may take into consideration public interest in determining whether to impose anti-dumping duties and the amount of such duties. |
(5) The Minister must impose anti‑dumping 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). |
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(6) With respect to the imposition of any anti-dumping duty under subsection (5) —| (a) | where the anti‑dumping 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 is to be imposed; and | | (b) | where the anti‑dumping duty is less than the provisional duty or the amount guaranteed by the security required under the provisional measures, the full amount of the anti‑dumping duty must be imposed and the excess amount of the provisional duty paid or security given must be reimbursed or released. |
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| (7) Where no anti-dumping duties are imposed under subsection (5) on the subject goods against which the provisional measures were applied, the Minister must refund the provisional duty paid and release the security required by the provisional measures. |
(8) Despite subsections (3) and (5), the Minister may impose anti‑dumping 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 the initiation of the investigation, if —| (a) | there is a history of dumping which caused injury, or the importer was or should have been aware that the exporter practises dumping and that such dumping would cause injury; and | | (b) | the injury is caused by massive dumped imports of the subject goods in a relatively short period of time which in the light of the timing and the volume of such imports and other circumstances (such as a rapid build-up of inventories of the subject goods) is likely to seriously undermine the remedial effect of the anti‑dumping duty to be imposed. |
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| (9) When an anti-dumping duty is imposed on the subject goods, such anti‑dumping duty must be imposed in the appropriate amount as provided by regulations made under this Act. |
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| Termination of investigation |
24.—(1) Despite 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 must be terminated immediately if the Minister determines that the margin of dumping is de minimis or that the volume of imports of the subject goods, actual or potential, or the injury, is negligible. |
(3) For the purpose of subsection (2) —| (a) | the margin of dumping is considered to be de minimis if the margin is less than 2%, expressed as a percentage of the export price; and | | (b) | the volume of imports of the subject goods is normally regarded as negligible if the volume of imports of the subject goods from a particular country is found to account for less than 3% of imports of the like goods into Singapore, unless the subject goods from countries which individually account for less than 3% of imports of the like goods into Singapore collectively account for more than 7% of imports of the like goods into Singapore. |
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| (4) If a termination under subsection (1) or (2) occurs prior to the preliminary determination, the Minister must 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 must —| (a) | terminate any provisional measures referred to in section 22 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. |
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| Suspension of investigation |
25.—(1) An investigation may be suspended if undertakings are accepted by the Minister.(2) Before accepting the undertakings, the Minister must determine that such undertakings —| (a) | will eliminate the dumping margin or the injurious effects caused by the subject goods; | | (b) | can be monitored effectively; and | | (c) | are in the public interest. |
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(3) If the undertakings are accepted by the Minister, which undertakings may be accepted only after an affirmative preliminary determination, the Minister must —| (a) | suspend the investigation; | | (b) | suspend any provisional measures applied under section 22 and refund the provisional duty paid and release the security required by such measures as the Minister thinks appropriate; and | | (c) | publish a notice stating the reasons for the suspension of the investigation and the actions under paragraph (b). |
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| (4) Despite the acceptance of the undertakings, the investigation is to be completed upon the written request of the exporters of the subject goods submitted by 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 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 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 or she 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. |
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(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 21; | | (b) | apply provisional measures in conformity with section 22 if appropriate; and | | (c) | make a final determination under section 23 within 120 days after the publication of the preliminary determination. |
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| (10) Where an investigation has been completed under subsection (5), the Minister may immediately make a final determination under section 23 and collect the anti-dumping duties applicable. |
| (11) The Minister may use the facts available with respect to any determination under subsection (9) or (10) where a material violation of the undertakings occurs under subsection (8)(b). |
| (12) Where the Minister resumes an investigation under subsection (8)(b), the Minister may impose anti-dumping duties in conformity with section 23 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) may be applied to the subject goods imported prior to the violation of the undertakings. |
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26.—(1) Whenever any interested party provides information to the Minister, or the Minister otherwise obtains information, that —| (a) | the dumping margin has changed substantially; | | (b) | a refund of an anti-dumping duty is appropriate; | | (c) | the imposition of an anti-dumping duty is no longer necessary; | | (d) | an undertaking is no longer necessary or should be modified; | | (e) | an anti-dumping duty which is required to be terminated under subsection (7) should be maintained; or | | (f) | an expedited review is required for exporters or producers who did not export the subject goods to Singapore during the period of investigation, |
| the Minister must conduct a review if he or she determines that such review is in the public interest or is required under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. |
| (2) No review may be undertaken under subsection (1) unless the period prescribed has lapsed. |
(3) If the Minister decides to conduct a review under subsection (1), he or she must —| (a) | publish a notice of the initiation of a review; and | | (b) | conduct such review and allow interested parties an opportunity to provide comments. |
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| (4) Any review conducted under this section must be completed within such period as may be prescribed. |
| (5) On the completion of the review, the Minister must publish a final determination in the review stating the reasons therefor. |
| (6) Except in the case of a review for a refund under subsection (1)(b) or an expedited review under subsection (1)(f), any determination made under subsection (5) applies to the subject goods imported on or after the date of publication of the final determination in the review. |
| (7) Anti-dumping duties must not be collected on imports made after 5 years from the date of publication of the notice of the final determination and undertakings automatically lapse with respect to imports made after 5 years from the date of publication of the notice of suspension of 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 dumping and injury. |
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27.—(1) An interested party has the right of review by the Tribunal against any —| (a) | affirmative or negative final determination under section 23; or | | (b) | final determination in the review under section 26(5). |
| (2) An application for review must be filed within 30 days of the date of the notice of affirmative or negative final determination under section 23 or of the date of the final determination in the review under section 26(5). |
| (3) The Tribunal may, upon review, affirm the determination or remit the matter to the Minister for reconsideration. |
| (4) The Minister must implement any decision of the Tribunal under subsection (3). |
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