Singapore legislation
Regulation 18
Regulation 18
Material retardation
Subregulation 1
A determination of material retardation of the establishment of a domestic industry for the purposes of section 3(1)(b)(iii) or 14(1)(b)(iii) of the Act must be based on a determination by the Minister that —
a domestic industry producing the like goods is in the process of being established;
such an industry is viable;
the establishment of such an industry is imminent; and
the dumped or subsidised imports are, through the effects of the dumping or countervailable subsidy, materially retarding the establishment of such an industry.
Subregulation 2
For the purpose of paragraph (1), the Minister must consider, among others, factors such as feasibility studies, negotiated loans and contracts for the purchase of machinery aimed at new investment projects or the expansion of existing plants and whether there has been significant investment for the establishment of such an industry.
Subregulation 3
The determination under paragraph (1) must be based on facts and not be based merely on allegation, conjecture or remote possibility.