Currency conversion
Open ↗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), must be made using the rate of exchange on the date of sale.
(2) The date of sale is, insofar as is appropriate, 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 must, 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 must, 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 must allow exporters at least 60 days to adjust their export prices to reflect the sustained movement.
Notice of information and opportunities to present evidence
Open ↗34.—(1) All interested parties in a countervailing or anti-dumping duty investigation or review must be given notice of the information required by the Minister and opportunities to present all evidence they consider relevant.
(2) The Minister must, 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 are to have a full opportunity for the defence of their interests.
(4) The Minister must, 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 mentioned in subsection (4) must take account of the need to preserve confidentiality and of the convenience to the parties.
(6) There is no obligation on any party to attend a meeting, and failure to do so is not prejudicial to that party’s case.
(7) Interested parties also have the right, on justification, to present other information orally which must be reproduced in writing.
(8) The Minister must, 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.
Submission of confidential information
Open ↗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 must, 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 is not to 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 are responsible for ensuring the confidentiality of such documents.
(4) Confidential information must not be disclosed without specific written permission from the party submitting the confidential information.
(5) The Minister or the Tribunal must 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 must 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.
Directions by Minister
Open ↗36. The Minister may give to the Director-General of Customs, any public officer or any officer of any statutory board such written directions in connection with the carrying out of 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, public officer or officer must comply with the directions so given.[4/2003]
Facts available
Open ↗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.
Other practices discovered during investigation or review
Open ↗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.
Conduct of investigation where no international obligations apply
Open ↗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.
Transhipment
Open ↗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 under this Act are fully applicable and the transaction, for the purposes of this Act and those regulations, is regarded as having taken place between the country of origin and Singapore.
Publication of notices
Open ↗41. All notices required to be published under this Act must be published in the Gazette, unless otherwise specified.
Double counting not permitted
Open ↗42. No goods may be subject to both anti-dumping and countervailing duties to compensate for the same situation of dumping and export subsidisation.
Customs clearance not to be hindered
Open ↗43. Any investigation conducted under this Act must not hinder procedures for customs clearance.
Public servants
Open ↗44. Any person acting for and on behalf of or under the direction of the Minister under this Act or any regulations made under this Act is deemed to be a public servant for the purposes of the Penal Code 1871.
Obligation of secrecy
Open ↗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 under this Act may 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.
Regulations to give effect to treaties, etc.
Open ↗45A. The Minister may make regulations —(a)
to modify the application of the provisions of this Act —(i)
to any goods exported or originating from any country; or
(ii)
to any country or person or description of persons; and
(b)
to exempt any goods exported or originating from any country from all or any of the provisions of this Act,
in order to give effect to any obligation binding on Singapore under any international agreement or arrangement.
[58/2004]
Power to make regulations
Open ↗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 limiting 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.
Transitional provision
Open ↗47. The repealed Customs (Dumping and Subsidies) Act (Cap. 71, 1985 Revised Edition) and any subsidiary legislation made thereunder in force immediately before 1 November 1996 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 do not apply to the procedure for any review of existing measures initiated, pursuant to an application, after that date.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
