Singapore legislation
Section 12
Section 12
Review by Minister
(1)
Whenever any interested party provides information to the Minister, or the Minister otherwise obtains information, that —
the amount of countervailable subsidy has changed substantially;
a refund of the countervailing duty imposed is appropriate;
the imposition of a countervailing duty is no longer necessary;
an undertaking is no longer necessary or should be modified;
a countervailing duty or undertaking which is required to be terminated under subsection (7) should be maintained; or
an expedited review is required for exporters who were not previously investigated,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 Subsidies and Countervailing Measures.
(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 —
publish a notice of the initiation of a review; and
conduct such review and allow interested parties an opportunity to provide comments.
(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 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)
Countervailing duties must not be collected on imports made after 5 years from the date of the 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 the 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 subsidisation and injury.