Final determination of dumping and injury
23.—(1)  The Minister shall, 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; or
(iii)the subject goods are, through the effects of dumping, 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 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.
(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 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.
(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 shall 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).
(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 shall 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 shall be imposed and the excess amount of the provisional duty paid or security given shall be reimbursed or released.
(7)  Where no anti-dumping 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 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.
(9)  When an anti-dumping duty is imposed on the subject goods, such anti-dumping duty shall be imposed in the appropriate amount as provided by regulations made under this Act.