Singapore legislation

Clause 7

of Customs (Dumping and Subsidies) Ordinance

Clause 7

Power of the Yang di-Pertuan Negara to impose duties

(1)

There shall be charged, levied and paid to the Comptroller such duty or duties on goods of any class or description which are being or have been imported into Singapore as may be prescribed by the Yang di-Pertuan Negara by order published in the Gazette, where it is represented to the Yang di-Pertuan Negara that goods of such class or description are being or have been so imported in circumstances in which they are under the provisions of this Ordinance regarded as having been dumped or subject to the giving of a subsidy, and that, having regard to all the circumstances, it would be in the public interest to do so:Provided that where the Yang di-Pertuan Negara is not satisfied that the effect of the dumping or of the giving of the subsidy is such as to —

(i)

cause or threaten material injury to an established industry in Singapore; or

(ii)

retard materially the establishment of an industry in Singapore,the Yang di-Pertuan Negara shall make no such order.

(2)

Where, on receiving any representations under the provisions of subsection (1) of this section, the Yang di-Pertuan Negara is satisfied that —

(a)

a prima facie case exists of the dumping or subsidising of goods;

(b)

it is desirable that a duty should be imposed under the provisions of subsection (1) of this section; and

(c)

it is impossible to establish the export price or fair market price of goods without such delay as would be prejudicial to the public interest if no duty under the provisions of subsection (1) of this section were imposed in the meanwhile,he may thereupon make an order under the provisions of subsection (1) of this section hereinafter in this Ordinance referred to as an “interim order”, imposing such duty as is necessary in the opinion of the Yang di-Pertuan Negara temporarily to counteract the effect of such dumping or subsidy:Provided that as soon as such export price or fair market price, as the case may be, has been established the Yang di-Pertuan Negara may revoke or vary such interim order in such manner as he may consider necessary.

(3)

Any order made under the provisions of this section shall be published in the Gazette and shall be presented to the Legislative Assembly as soon as may be after publication and if a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of the Assembly next after the expiry of one month from the date when such order is so presented annulling the order or any part thereof as from a specified date, such order or such part thereof, as the case may be, shall thereupon become void as from such date but without prejudice to the validity of anything previously done thereunder or to the making of a further order.

Clause 7 — Customs (Dumping and Subsidies) Ordinance