Singapore legislation

Regulation 22

of Countervailing and Anti-Dumping Duties Regulations 1997

Regulation 22

Calculation of countervailable subsidy

Subregulation 1

The Minister must calculate the total countervailable subsidy received by each enterprise with respect to the subject goods during the designated period of investigation or review.

Subregulation 2

In calculating the amount of countervailable subsidy —

(a)

the Minister may either calculate the countervailable subsidy from a particular programme received by the enterprise, industry or exporters as to be provided in a single year or on an annual basis for 2 or more years, as the Minister thinks appropriate;

(b)

the Minister is to allocate the countervailable subsidy to those goods to which the countervailable subsidy is associated;

(c)

the amount of countervailable subsidy is to be determined per unit, on an ad valorem basis, or on any other reasonable basis;

(d)

the Minister may subtract the amount of —

(i)

any application fee, deposit or similar payment paid in order to qualify for, or to receive, the countervailable subsidy; and

(ii)

export taxes, duties or other charges collected on the export of the goods to Singapore specifically intended to offset the countervailable subsidy received;

(e)

the Minister may calculate the countervailable subsidy based on the currency which he or she considers appropriate; and

(f)

where it is necessary in the circumstances of the case, the Minister may adopt any other method of calculation which he or she considers appropriate.

Subregulation 3

In determining whether there is conferred a benefit referred to in section 2(2) of the Act the Minister must have regard to the following guidelines:

(a)

government provision of equity capital must not be considered as conferring a benefit unless the investment decision can be regarded as inconsistent with the usual investment practice, including the provision of risk capital, of private investors in the territory of that country;

(b)

a loan by a government must not be considered as conferring a benefit unless there is a difference between the amount that the firm receiving the loan pays on the government loan and the amount the firm would pay on a comparable commercial loan which the firm could actually obtain on the market, in which case the benefit is the difference between these 2 amounts;

(c)

a loan guarantee by a government must not be considered as conferring a benefit unless there is a difference between the amount that the firm receiving the guarantee pays on a loan guaranteed by the government and the amount that the firm would pay on a comparable commercial loan absent the government guarantee, in which case the benefit is the difference between these 2 amounts adjusted for any differences in fees; (d)the provision of goods or services or purchase of goods by a government must not be considered as conferring a benefit unless the provision is made for less than adequate remuneration, or the purchase is made for more than adequate remuneration.

Subregulation 4

For the purposes of paragraph (3)(d), the adequacy of remuneration is to be determined in relation to prevailing market conditions for the good or service in question in the country of provision or purchase, including price, quality, availability, marketability, transportation and other conditions of purchase or sale.