Singapore legislation
Regulation 17
Regulation 17
Threat of material injury
Subregulation 1
For the purposes of sections 3(1)(b)(ii) and 14(1)(b)(ii) of the Act, a determination of threat of material injury to the domestic industry must be based on facts and not merely on allegation, conjecture or remote possibility, and the change in circumstances which would create a situation in which the subsidised or dumped goods would cause injury must be clearly foreseen and imminent.
Subregulation 2
In determining whether a threat of material injury exists, the Minister must consider, among others, factors such as —
a significant rate of increase of subsidised or dumped imports into the domestic market indicating the likelihood of substantially increased importation;
sufficient freely disposable, or an imminent substantial increase in, capacity of the exporter indicating the likelihood of substantially increased subsidised or dumped exports to the market in Singapore taking into account the availability of other export markets to absorb any additional exports;
whether the imported goods are entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likely increase demand for further imported goods;
inventories of the goods being investigated; and
in the case of a countervailing duty investigation, the nature of the countervailable subsidy or subsidies in question and the trade effects likely to arise therefrom.
Subregulation 3
None of the factors stated in paragraph (2) by itself necessarily gives decisive guidance but the totality of the factors considered must lead to the conclusion that further imports of the subsidised or dumped goods are imminent and that, unless protective action is taken, material injury would occur.