Part of a comprehensive analysis of the Countervailing and Anti-Dumping Duties Act 1996
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Key Provisions and Their Purpose under the Countervailing and Anti-Dumping Duties Act 1996
The Countervailing and Anti-Dumping Duties Act 1996 (the "Act") establishes a comprehensive legal framework to regulate investigations and actions related to anti-dumping and countervailing duties in Singapore. The key provisions in this Part of the Act serve to ensure that investigations are conducted by authorized persons, provide protections for those acting in good faith, establish a specialized tribunal for adjudication, and clarify the relationship between this Act and other legislation such as the Customs Act 1960. Each provision is designed to promote transparency, accountability, and legal certainty in the administration of anti-dumping and countervailing measures.
"any investigation or action to be conducted or taken under this Act or any regulations made under this Act is to be conducted or taken by any person authorised in writing by the Minister." — Section 28(1)
Verify Section 28 in source document →
Section 28(1) mandates that all investigations or actions under the Act must be carried out by persons expressly authorized in writing by the Minister. This provision exists to ensure that only qualified and officially designated individuals handle sensitive trade investigations, thereby maintaining procedural integrity and preventing unauthorized interference.
"the Minister must determine the scope of the notification after giving interested parties an opportunity to comment on the scope of the notification." — Section 28(2)
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Section 28(2) requires the Minister to define the scope of any notification concerning anti-dumping or countervailing duties only after consulting interested parties. This consultative process ensures fairness and transparency, allowing stakeholders to provide input and potentially influence the scope of investigations or measures, which helps prevent arbitrary or overly broad applications of the law.
"No suit or other legal proceedings shall lie against any person authorised under this Act for or on account of or, in respect of, anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any regulations made under this Act." — Section 29
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Section 29 provides protection from personal liability for authorized persons acting in good faith under the Act. This immunity encourages officials to perform their duties diligently and without fear of vexatious litigation, which is essential for the effective enforcement of anti-dumping and countervailing measures.
"There is established an Anti-Dumping Tribunal to perform the functions specified in sections 13 and 27." — Section 30(1)
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Section 30(1) establishes the Anti-Dumping Tribunal as a specialized adjudicative body tasked with hearing and deciding matters related to anti-dumping and countervailing duties. The Tribunal’s creation ensures that disputes are resolved by a body with expertise and procedural safeguards, enhancing the credibility and fairness of decisions.
"The Minister may, by writing under his or her hand, delegate to any person, either generally or otherwise, all or any of the Minister’s powers and functions under this Act or any regulations made under this Act except his or her powers under sections 3, 9, 14, 23 and 46." — Section 31(1)
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Section 31(1) empowers the Minister to delegate most of the powers and functions under the Act, except certain key powers reserved to the Minister. This delegation mechanism facilitates administrative efficiency by allowing the Minister to entrust responsibilities to qualified officials while retaining control over critical decisions.
"This Act is to be construed as one with the Customs Act 1960 ... In the event of any inconsistency ... the provisions of this Act prevail." — Section 32(1) and (2)
Verify Section 32 in source document →
Section 32 clarifies the relationship between this Act and the Customs Act 1960, stipulating that the two Acts are to be read together. However, in cases of inconsistency, the provisions of the Countervailing and Anti-Dumping Duties Act 1996 take precedence. This ensures that the specialized rules governing anti-dumping and countervailing duties are not undermined by general customs legislation, while still allowing the Customs Act to provide procedural and enforcement support.
Definitions in This Part
Understanding the terminology used in the Act is crucial for its proper application. The only specific definition provided in this Part is that of the "Minister."
"In this section, 'Minister' means the Minister charged with the responsibility for law." — Section 30(12)
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Section 30(12) defines "Minister" as the Minister charged with responsibility for the law governing anti-dumping and countervailing duties. This definition is necessary to identify the authority responsible for key decisions, delegations, and notifications under the Act, ensuring clarity in administrative and legal processes.
Penalties for Non-Compliance
This Part of the Act does not specify explicit penalties for non-compliance with its provisions. However, it does impose a significant legal status on the members of the Anti-Dumping Tribunal.
"The Chairperson and members of the Tribunal are deemed to be public servants for the purposes of the Penal Code 1871." — Section 30(7)
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Section 30(7) deems the Chairperson and members of the Anti-Dumping Tribunal to be public servants under the Penal Code 1871. This classification subjects them to the legal standards and penalties applicable to public servants, including offences related to corruption, misconduct, or abuse of office. The provision exists to uphold the integrity and accountability of Tribunal members, reinforcing public confidence in the adjudicative process.
Cross-References to Other Acts
The Act explicitly integrates with other legislation to ensure coherent legal application and enforcement.
"This Act is to be construed as one with the Customs Act 1960 ... section 3 of the Customs Act 1960 applies to this Act ... In the event of any inconsistency ... the provisions of this Act prevail." — Section 32(1) and (2)
Verify Section 32 in source document →
Section 32(1) and (2) provide that the Act is to be read together with the Customs Act 1960, with the latter’s provisions applying to the extent they are not inconsistent with this Act. This cross-reference allows the Customs Act’s procedural rules, such as those relating to the collection and payment of duties, to support the enforcement of anti-dumping and countervailing duties, while preserving the primacy of the specialized provisions of this Act.
"The Chairperson and members of the Tribunal are deemed to be public servants for the purposes of the Penal Code 1871." — Section 30(7)
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Section 30(7) also cross-references the Penal Code 1871 by classifying Tribunal members as public servants. This linkage ensures that the Penal Code’s provisions on offences by public servants apply, thereby reinforcing the legal accountability of Tribunal members.
Conclusion
The provisions in this Part of the Countervailing and Anti-Dumping Duties Act 1996 collectively establish a robust legal framework for the administration, investigation, adjudication, and enforcement of anti-dumping and countervailing duties in Singapore. By authorizing specific persons to conduct investigations, protecting those acting in good faith, creating a specialized Tribunal, enabling delegation of powers, and harmonizing with other relevant legislation, the Act ensures that Singapore’s trade remedy measures are implemented fairly, transparently, and effectively.
Sections Covered in This Analysis
- Section 28(1) and (2) – Authorization and Notification Scope
- Section 29 – Protection from Personal Liability
- Section 30(1), (7), and (12) – Establishment and Status of Anti-Dumping Tribunal; Definition of Minister
- Section 31(1) – Delegation of Ministerial Powers
- Section 32(1) and (2) – Relationship with Customs Act 1960
Source Documents
For the authoritative text, consult SSO.