Statute Details
- Title: Countervailing and Anti-Dumping Duties Regulations 1997
- Act Code: CADDA1996-RG1
- Legislative Type: Subsidiary legislation (sl)
- Authorising Act: Countervailing and Anti-Dumping Duties Act 1996 (noted in the legislation extract as “Section 46”)
- Current Version: Current version as at 27 Mar 2026
- Latest Revision Shown: 2024 Revised Edition (18 December 2024)
- Original Instrument: SL 207/1997 (25 April 1997)
- Key Parts: Part 1 (Preliminary); Part 2 (Petitions); Part 3 (Investigation Procedures); Part 4 (Injury Determinations); Part 5 (Subsidies and Dumping); Part 6 (Reviews); Part 7 (General)
- Key Definitions Provision: Section 2 (Definitions), including “producer” and “subsidised imports”
What Is This Legislation About?
The Countervailing and Anti-Dumping Duties Regulations 1997 (“Regulations”) provide the procedural and substantive mechanics for how Singapore conducts countervailing duty and anti-dumping investigations under the Countervailing and Anti-Dumping Duties Act 1996 (“Act”). In plain terms, the Regulations set out how an investigation is started (typically by petition), how the investigating authority gathers evidence, how it determines whether dumped or subsidised imports exist, and how it assesses whether those imports cause (or threaten) material injury to the domestic industry.
These Regulations are best understood as the “how-to” document for trade remedies. They translate the Act’s broad legal framework into operational steps: what a petition must contain, what information parties must provide, how questionnaires and verification work, and how determinations are made. They also address key technical concepts such as normal value, dumping margins, countervailable subsidy rates, de minimis and negligible thresholds, and the treatment of non-market economy countries.
For practitioners, the Regulations are particularly important because many disputes in trade remedy matters are evidence-driven and process-driven. A party’s ability to participate effectively—by submitting a compliant petition, responding to questionnaires, requesting hearings, and ensuring data is verified—can materially affect outcomes such as provisional measures, final duty rates, and subsequent reviews.
What Are the Key Provisions?
Preliminary framework and definitions (Part 1). The Regulations begin with foundational definitions. Section 2 defines “producer” differently depending on whether the goods are manufactured or unmanufactured raw goods. For manufactured goods, a “producer” includes the producer, manufacturer or processor. For unmanufactured raw goods, it refers to the person who obtains the goods directly through agricultural, mining or fishing operations. This definition matters because eligibility to be considered part of the domestic industry—and therefore to support or be affected by a petition—depends on who qualifies as a “producer”.
Section 2 also defines “subsidised imports” as imports with respect to which a countervailable subsidy is provided. This definition links the injury and investigation stages to the subsidy calculation stage: the authority must first establish the existence and quantification of a countervailable subsidy before categorising imports as “subsidised imports” for the purposes of the Act and Regulations.
Petitions and initiation (Part 2). The Regulations specify what a petition must contain (Section 3) and how receipt is notified (Section 4). In practice, compliance with petition content requirements is often the first procedural battleground. A petition typically needs to identify the allegedly dumped or subsidised goods, the exporting country, the domestic industry affected, and the evidence supporting dumping/subsidy and injury. If a petition is deficient, it may delay or derail initiation, or weaken the evidential record from the outset.
Investigation procedures (Part 3). Part 3 sets out the procedural architecture of the investigation. Section 5 provides that the “scope of investigation” is to be determined—meaning the authority has discretion (within the Act and Regulations) to define the parameters of what will be examined. Sections 6 and 7 address evidence in the petition and providing information in the petition, reinforcing that the authority’s fact-finding depends on the quality and relevance of submissions.
Once initiated, Section 8 requires notice of initiation of investigation. Section 9 addresses gathering of information and questionnaires, which is central to how exporters, importers, and other interested parties participate. Section 10 provides for a preliminary determination, followed by notice (Section 11). Section 12 allows for provisional measures, which can impose temporary duties pending final findings. Section 13 provides for the final determination, while Section 14 allows for undertakings and suspension of investigation—an important mechanism where exporters may offer commitments to eliminate the problematic pricing or subsidy effects, potentially avoiding or reducing duties.
Injury determinations (Part 4). Part 4 focuses on whether the domestic industry is harmed. Section 15 requires a determination of injury. Section 16 addresses causation, requiring a link between dumped/subsidised imports and injury. Sections 17 and 18 cover “threat of material injury” and “material retardation” respectively—concepts that extend trade remedy protection beyond existing harm to include foreseeable or developmental injury to the domestic industry.
Sections 19 and 20 address cumulation—combining effects of imports from multiple sources. Cumulation in countervailing duty investigations (Section 19) and in anti-dumping duty investigations (Section 20) can significantly affect injury findings and duty rates, because the authority may assess the combined impact rather than treating each exporting country in isolation.
Subsidies and dumping calculations (Part 5). Part 5 contains the technical core of the Regulations. Section 21 addresses “specificity and contingency of subsidy”, reflecting the requirement that only certain subsidies qualify as countervailable. Section 22 covers calculation of countervailable subsidy, while Section 23 explains how to establish a countervailing duty rate. Sections 24 and 25 introduce thresholds: a “de minimis level” of countervailable subsidy (Section 24) and “negligible volume” of subsidised or dumped imports (Section 25). These thresholds can prevent duties where the subsidy margin or import volume is too small to justify remedial action.
For anti-dumping, Section 26 sets the “relevant period” for investigation. Sections 27 to 33 address normal value and export price comparisons: determining normal value under the Act (Section 27), selecting a third country under the Act (Section 28), and determining cost of production and constructed value (Section 29). Section 30 addresses transactions not in the ordinary course of trade, which can affect whether prices are accepted or disregarded for fairness of comparison.
Section 31 requires establishing dumping margins. Section 32 requires adjustments to ensure a fair comparison between normal value and export price—an essential requirement to avoid distortions due to differences in product characteristics, trade levels, or costs. Section 33 provides for “limited examination”, which can be relevant where the authority narrows the scope of detailed review for efficiency or feasibility.
Sections 34 and 35 are specifically tailored to non-market economy (NME) contexts. Section 34 addresses the rate of countervailing subsidy on goods from a non-market economy country, and Section 35 addresses dumping margin for such goods. These provisions are often contentious because the methodology for determining values can differ from market-based approaches.
Reviews and refunds (Part 6) and procedural fairness (Part 7). Part 6 provides for review mechanisms. Section 36 provides for review by the Minister. Sections 37 and 38 introduce expedited reviews for exporters not examined and for new exporters, respectively. Section 39 covers extension review, and Section 40 provides for refund review. For exporters and importers, these provisions are critical because duty outcomes are not necessarily permanent; review and refund pathways can materially affect long-term commercial exposure.
Part 7 contains general procedural provisions: information from interested parties (Section 41), information from industrial users (Section 42), verification of information (Section 43), and determination on facts available (Section 44). “Facts available” is particularly important where a party does not cooperate or fails to provide verifiable information—allowing the authority to proceed based on the best information it has. Sections 45 and 46 address meeting interested parties and disclosure of facts under consideration, supporting procedural fairness and enabling parties to respond to key findings before finalisation.
How Is This Legislation Structured?
The Regulations are structured into seven Parts. Part 1 (Preliminary) contains the citation and definitions. Part 2 (Petitions) governs how applications are made and how the authority acknowledges them. Part 3 (Investigation Procedures) sets out the lifecycle of an investigation—from scope and evidence gathering, to questionnaires, preliminary and final determinations, provisional measures, and undertakings. Part 4 (Injury Determinations) focuses on injury, causation, threat, retardation, and cumulation. Part 5 (Subsidies and Dumping) provides the substantive calculation framework for countervailable subsidies and dumping margins, including thresholds and NME methodologies. Part 6 (Reviews) provides post-decision mechanisms, including expedited and refund reviews. Part 7 (General) contains cross-cutting procedural rules on information, verification, cooperation, disclosure, and meetings.
Who Does This Legislation Apply To?
The Regulations apply to participants in countervailing duty and anti-dumping investigations under the Act. This includes domestic producers and industry representatives who may petition for trade remedies; exporters and foreign producers who may be subject to duty determinations; importers and traders who bring the goods into Singapore; industrial users who may provide information relevant to injury analysis; and other “interested parties” who are entitled to participate in the investigation process.
Because the Regulations define key terms such as “producer” and “subsidised imports”, they also indirectly determine who qualifies to be treated as part of the domestic industry and whose imports may be assessed as subsidised. The practical effect is that eligibility and participation rights depend on the factual classification of the goods and the role of the party in the supply chain.
Why Is This Legislation Important?
These Regulations are important because they operationalise Singapore’s trade remedy system. They ensure that investigations are conducted in a structured, evidence-based manner, with defined stages and procedural safeguards. For practitioners, the Regulations provide the roadmap for building or defending a case: from petition preparation and evidential submissions, to questionnaire responses, verification readiness, and engagement during disclosure and meetings.
They also shape the substantive outcome through technical calculation rules. Threshold provisions such as de minimis subsidy and negligible import volume can prevent duties where the economic impact is limited. Cumulation rules can broaden the injury assessment. NME provisions can significantly affect valuation methodologies and therefore dumping margins and countervailing subsidy rates.
Finally, the review and refund provisions make the Regulations commercially consequential beyond the initial investigation. Exporters may seek expedited reviews if they were not examined initially or if they are new exporters. Refund reviews can provide relief where duties are later found to be unjustified or where circumstances change. Accordingly, counsel should treat the Regulations as a continuing compliance and litigation strategy framework, not merely a one-off investigation checklist.
Related Legislation
- Countervailing and Anti-Dumping Duties Act 1996 (Authorising Act; referenced in the Regulations, including the Act’s provisions on normal value and other substantive requirements)
- Dumping Duties Act 1996 (listed in the metadata as related legislation)
- Timeline / Legislative history instruments (including SL 207/1997 and subsequent revised editions)
Source Documents
This article provides an overview of the Countervailing and Anti-Dumping Duties Regulations 1997 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.