Singapore legislation

Regulation 15

of Countervailing and Anti-Dumping Duties Regulations 1997

Regulation 15

Determination of injury

Subregulation 1

A determination of injury for the purposes of sections 3(1)(b) and 14(1)(b) of the Act must be based on positive evidence and involve an objective examination of —

(a)

the volume of the subsidised or dumped imports and the effect of the subsidised or dumped imports on prices in the domestic market for like goods; and

(b)

the consequent impact of these imports on domestic producers of like goods.

Subregulation 2

In determining the impact on the domestic industry, the Minister must base his or her examination on an evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry.

Subregulation 3

The factors and indices mentioned in paragraph (2) include —

(a)

the actual and potential decline in output, sales, market share, profits, productivity, return on investments or utilisation of capacity;

(b)

the factors affecting domestic prices;

(c)

the magnitude of the margin of dumping or the amount of countervailable subsidy;

(d)

the actual and potential negative effects on cash flow, inventories, employment, wages, growth or ability to raise capital or investments; and

(e)

in the case of a countervailing duty investigation involving agriculture, whether there has been an increased burden on government support programmes.

Subregulation 4

The factors and indices listed in paragraph (3) are not exhaustive nor is any such factor or index necessarily conclusive.