Singapore legislation
Regulation 31
Regulation 31
Establishing dumping margins
Subregulation 1
The Minister must normally establish an individual margin of dumping for each known exporter or producer of the subject goods.
Subregulation 2
Subject to paragraph (3), the Minister may, where appropriate, instead of establishing the margin of dumping on the weighted average-to-weighted average basis as provided in section 17(3) of the Act, establish the margin of dumping by comparing the export prices determined in respect of individual transactions over the period under investigation or review with the normal value of comparable individual transactions determined over that period.
Subregulation 3
If the Minister is satisfied that —
the export prices differ significantly among different purchasers or periods; and
those differences make the methods referred to in section 17(3) of the Act and paragraph (2) inappropriate for use in respect of a period constituting the whole or a part of the period under investigation or review,the Minister may establish the margin of dumping for that period by comparing the respective export prices determined in relation to individual transactions during that period with the weighted average normal value of comparable transactions over that period.
Subregulation 4
If the Minister establishes the margin of dumping for any period by the method in paragraph (3), he or she must provide a written explanation as to how the differences in export prices referred to in paragraph (3)(a) make the methods in section 17(3) of the Act and paragraph (2) inappropriate for use in respect of that period.
Subregulation 5
If, in a comparison under section 17(3) of the Act, the Minister is satisfied that the weighted average of export prices over the period under investigation or review is less than the weighted average of corresponding normal values over that period —
the goods exported to Singapore during that period are taken to have been dumped; and
the dumping margin for the exporter concerned in respect of those goods is the difference between those weighted averages.
Subregulation 6
If, in a comparison under paragraph (2), the Minister is satisfied that an export price in respect of an individual transaction during the period under investigation or review is less than the normal values of comparable individual transactions determined over that period —
the goods exported to Singapore in that transaction are taken to have been dumped; and
the dumping margin for the exporter concerned in respect of those goods is the difference between that export price and that normal value.
Subregulation 7
If, in a comparison under paragraph (3), the Minister is satisfied that the export prices in respect of particular transactions during the period under investigation or review are less than the weighted average of corresponding normal values during that period —
the goods exported to Singapore in each such transaction are taken to have been dumped; and
the dumping margin for the exporter concerned in respect of those goods is the difference between each relevant export price and the weighted average of the corresponding normal values.
Subregulation 8
Where the Minister has limited his or her examination in accordance with regulation 33, any anti-dumping duty applied to imports from exporters or producers not included in the examination must not exceed the weighted average margin of dumping established with respect to the exporters or producers individually examined.
Subregulation 9
For the purposes of paragraph (8), the Minister must disregard any margin determined under the circumstances referred to in section 37 of the Act.