PART I | Short title and commencement |
| 1. This Act may be cited as the Countervailing and Anti-Dumping Duties Act 1996 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. |
2.—(1) In this Act, unless the context otherwise requires —| “Agreement on Agriculture” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; |
| “Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; |
| “Agreement on Subsidies and Countervailing Measures” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; |
| “country” includes a customs union or customs territory; |
“domestic industry” means —| (a) | the domestic producers as a whole of the like goods; or | | (b) | the domestic producers whose collective output of the like goods constitutes a major proportion of the total domestic production of those goods, |
| but shall not, if the Minister so determines, include domestic producers who are related to the exporters or importers, or are themselves importers, of the subject goods or, in relation to Part II, like goods from other countries; |
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| “dumping margin” means the amount by which the normal value of the subject goods exceeds the export price; |
| “export price” means the export price of the subject goods as determined in accordance with section 16; |
“exporting country” means —| (a) | the country of export of the subject goods; or | | (b) | where the subject goods are not exported directly to Singapore but are transhipped without substantial transformation through an intermediate country, the country of origin of the subject goods; |
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| “General Agreement on Tariffs and Trade 1994” means the Agreement by that name whose parts are described in Annex 1A to the World Trade Organisation Agreement; |
“interested party” means —| (a) | a producer, exporter or importer of the subject goods; | | (b) | a trade or business association of which a majority of its members are producers, exporters or importers of the subject goods; | | (c) | the government of a country in which the subject goods are produced or from which they are exported; | | (d) | a producer of the like goods in Singapore; | | (e) | a trade or business association of which a majority of its members produce the like goods in Singapore; or | | (f) | any other person the Minister considers appropriate; |
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| “like goods” means any goods which the Minister determines are identical in all respects to the subject goods or, in the absence of such goods, any other goods which the Minister determines have characteristics closely resembling those of the subject goods; |
| “non-market economy country” means any foreign country the government of which has a complete or substantially complete monopoly of its trade and where domestic prices are fixed by the government of the foreign country; |
| “normal value” means the normal value of any subject goods as determined in accordance with section 15 or 18; |
| “producer” means such producer, manufacturer or processor as may be prescribed; |
“provisional measures” means —| (a) | in relation to Part II, the requirement to pay the provisional duty or furnish a security equal to the estimated subsidy found in the preliminary determination; and | | (b) | in relation to Part III, the requirement to pay the provisional duty or furnish a security equal to the estimated dumping margin found in the preliminary determination; |
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| “subject goods” means the goods imported, or sold for importation, into Singapore that are the subject of any countervailing or anti-dumping duty investigation or review under this Act; |
| “Tribunal” means the Anti-Dumping Tribunal established under section 30; |
| “undertakings” means such undertakings as may be prescribed; |
| “World Trade Organisation Agreement” means the Marrakesh Agreement Establishing the World Trade Organisation done at Marrakesh on 15th April 1994. |
(2) For the purposes of this Act, “subsidy”, in relation to goods that are imported into Singapore, means —| (a) | a financial contribution by a government or public body of the country of export that is made in connection with the production, manufacture or export of those goods that involves —| (i) | a direct transfer of funds from that government or public body; | | (ii) | a potential direct transfer of funds or liabilities from that government or public body; | | (iii) | the forgoing, or non-collection of revenue (other than an allowable exemption or remission) due to that government or public body; | | (iv) | the provision by that government or public body of goods or services otherwise than in the course of providing normal infrastructure; or | | (v) | the purchase by that government or public body of goods; or |
| | (b) | any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from such a government or public body, |
| and a benefit is thereby conferred, but shall not include any government action that satisfies the conditions described in footnote 1 of the Agreement on Subsidies and Countervailing Measures. |
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(3) Subject to subsection (4), a subsidy shall be countervailable if the receipt of the benefit is, in law or in fact —| (a) | specific to an enterprise or industry or group of enterprises or industries within the jurisdiction of the granting authority; or | | (b) | contingent upon —| (i) | export performance; | | (ii) | the use of domestic over imported goods; or | | (iii) | location in a designated geographic region within the jurisdiction of the granting authority. |
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(4) A subsidy shall not be countervailable if the Minister determines that —| (a) | the government action satisfies the conditions described in paragraph (a), (b) or (c) of Article 8.2 of the Agreement on Subsidies and Countervailing Measures; | | (b) | the government action has been notified in accordance with Article 8.3 of the Agreement on Subsidies and Countervailing Measures and there has been no determination by the Committee on Subsidies and Countervailing Measures or an arbitral body under Article 8.4 or 8.5 of that Agreement that the action does not satisfy the criteria in Article 8.2 of that Agreement; or | | (c) | the government action is a domestic support measure that meets the criteria or conditions set out in Annex 2 to the Agreement on Agriculture. |
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| (5) The amount of countervailable subsidy shall be calculated in the prescribed manner. |
(6) For the purposes of this Act —| (a) | parties shall be deemed to be related if —| (i) | one of them, directly or indirectly, controls the other; | | (ii) | both of them are, directly or indirectly, controlled by a third party; or | | (iii) | together they, directly or indirectly, control a third party, |
| provided that there are grounds for believing or suspecting that the effects of the relationship is such as to cause the parties concerned to behave differently from non-related parties; and |
| | (b) | one party shall be deemed to control another when the first-mentioned party is legally or operationally in a position to exercise restraint or direction over the latter. |
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