Singapore legislation
Regulation 32
Regulation 32
Adjustments to ensure fair comparison between normal value and export price
Subregulation 1
The Minister must make the following adjustments to ensure a fair comparison between the normal value and the export price of any goods:
make reasonable allowances for transport expenses such as freight, shipping, insurance or other similar expenses to ensure the prices are compared normally at an ex-factory level;
make reasonable allowances for bona fide differences in the selling conditions of the sales compared, such as commissions, credit terms, guarantees, warranties, technical assistance, servicing and other expenses, if the Minister is satisfied that the amount of any price difference is wholly or partly due to such differences in the selling conditions;
make reasonable allowances for differences in the physical characteristics of goods compared if the Minister is satisfied that the amount of any price difference is wholly or partly due to such physical differences;
make reasonable allowances for the amount of any indirect taxes or duties imposed on sales in the exporting country but exempted or rebated upon exportation of the goods;
make reasonable allowances for selling costs incurred by the producer or distributor on behalf of the purchaser;
where the export price is constructed under section 16(2) of the Act, make reasonable allowances for costs, including duties and taxes, incurred between importation and resale;
calculate normal value and export price based on sales at the same commercial level of trade, but where the levels of trade are different and the Minister is satisfied that the amount of any price difference is wholly or partly due to the difference in levels of trade, the Minister may make a reasonable allowance for the difference;
calculate normal value and export price based on comparable quantities of goods, but where the quantities are not comparable and the Minister is satisfied that the amount of any price difference is wholly or partly due to such difference in quantities, the Minister may make a reasonable allowance for the difference; (i)make any other adjustments he or she thinks necessary to ensure a fair price comparison.
Subregulation 2
Any price used to establish normal value or export price must be net of all discounts and rebates directly linked to the sales under consideration, or indirect discounts or rebates reasonably allocated to the sales under consideration, provided that the exporter furnishes sufficient evidence that any such reduction from the gross price has actually been granted.
Subregulation 3
The Minister may make adjustments for deferred discounts if they are directly linked to the sales under consideration and if evidence is produced to show that the discounts were based —
on consistent periods; or
on an undertaking to comply with the conditions required to qualify for the deferred discount.