Singapore legislation
Regulation 14
Regulation 14
Undertakings and suspension of investigation
Subregulation 1
The Minister may consult the domestic industry before accepting any undertaking and suspending a countervailing or anti‑dumping duty investigation under section 11 or 25 of the Act.
Subregulation 2
The Minister may accept the following forms of undertakings:
in relation to a countervailing duty investigation —
the government of the exporting country agrees to eliminate or limit the countervailable subsidy or take other measures concerning its effects which the Minister is satisfied will eliminate the injurious effect of the countervailable subsidy; or
the exporter agrees to revise the exporter’s prices to that which the Minister is satisfied will eliminate the injurious effect of the countervailable subsidy; (b)in relation to an anti-dumping duty investigation —
the exporter agrees to revise the exporter’s prices to that which the Minister is satisfied will eliminate the injurious effect of the dumping; or
the exporter agrees to cease exports to Singapore at dumped prices so that the Minister is satisfied it will eliminate the injurious effect of the dumping.
Subregulation 3
Except in extraordinary circumstances, any undertakings must be offered not later than 60 days before the final determination.
Subregulation 4
Price undertakings may be suggested by the Minister but —
no exporter may be forced to enter into such undertakings; and
subject to paragraph (5), the fact that the exporters do not offer any undertakings, or do not agree to any undertakings suggested by the Minister, does not prejudice the consideration of the case.
Subregulation 5
The Minister may determine that a threat of injury is more likely to be realised if the subsidised or dumped imports continue without such undertakings.
Subregulation 6
Where the Minister —
has accepted an undertaking, he or she must publish a notice under section 11(3)(c) or 25(3)(c) of the Act, as the case may be; or
has refused an undertaking, he or she must where practicable provide the reasons which have led to the determination that the acceptance of an undertaking is inappropriate and must, to the extent possible, give the exporter an opportunity to make comments thereon.
Subregulation 7
The notice mentioned in paragraph (6)(a) must include the non‑confidential part of the undertaking and set forth in sufficient detail the findings and conclusions on all issues of fact and law considered material by the Minister, unless the Minister otherwise makes that information available through a separate report.
Subregulation 8
Upon the acceptance of any undertaking, the Minister may require any interested foreign government or exporter from whom the undertaking has been accepted to provide, from time to time, information relevant to the fulfilment of the undertaking, and to permit verification of pertinent data.
Subregulation 9
Regulation 44(2) to (15) applies, with the necessary modifications, to any request for information or verification under paragraph (8).
Subregulation 10
Any refusal to comply with a request for information or verification under paragraph (8) constitutes a violation of the undertaking.
Subregulation 11
Every request to complete the investigation under section 11(4) or 25(4) of the Act must be made in writing by the government of the exporting country, either on behalf of the exporter or on its own accord, within 14 days from the date of publication of the notice of suspension of investigation.
Subregulation 12
Where the Minister continues the investigation under section 11(4) or 25(4) of the Act, he or she must publish a notice of the continuation of the investigation and make a final determination within 180 days from the date of publication of the notice.