Singapore legislation
Section 11
Section 11
Suspension of investigation
(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 —
will eliminate the countervailable subsidy or the injurious effects caused by the subject goods;
can be monitored effectively; and
are in the public interest.
(3)
If the undertakings are accepted by the Minister, which undertakings may be accepted only after an affirmative preliminary determination, the Minister must —
suspend the investigation;
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 thinks appropriate; and
publish a notice stating the reasons for the suspension of the investigation and the actions under paragraph (b).
(4)
Despite the acceptance of the undertakings, the investigation is to 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 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 —
the undertakings accepted under subsection (1) no longer meet the requirements of subsection (2); or
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 —
make a preliminary determination under section 7;
apply provisional measures in conformity with section 8 if appropriate; and
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) may be applied to the subject goods imported prior to the violation of the undertakings.