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 (notably referenced as “the Act”)
- Current Version: Current version as at 27 Mar 2026 (with a 2024 Revised Edition)
- Revised Edition: 2024 RevEd (18 December 2024)
- Original Publication: 25 April 1997 (SL 207/1997)
- Earlier Revision: 1998 RevEd (15 June 1998)
- Commencement Date: Not stated in the provided extract (commencement typically follows publication/notification)
- Parts: Part 1 (Preliminary) to Part 7 (General)
- Key Provisions (from extract): Section 2 (Definitions); plus a full procedural and substantive framework across Parts 2–7
What Is This Legislation About?
The Countervailing and Anti-Dumping Duties Regulations 1997 (“the Regulations”) provide the operational rules for how Singapore investigates and administers countervailing duties and anti-dumping duties under the Countervailing and Anti-Dumping Duties Act 1996 (“the Act”). In practical terms, the Regulations translate the Act’s broad legal framework into detailed procedures and calculation methodologies that determine whether duties should be imposed, and if so, at what rates.
Countervailing duties address imports that benefit from subsidies (financial contributions or other forms of support) that are “countervailable” under the Act. Anti-dumping duties address imports sold at “dumped” prices—typically meaning export prices that are lower than a properly determined “normal value.” The Regulations therefore sit at the intersection of trade remedies, administrative fairness, and technical economic calculations.
For practitioners, the Regulations are particularly important because they govern the life-cycle of a trade remedies case: from petition content and initiation, through investigation and injury analysis, to reviews and disclosure/verification obligations. They also contain specific rules for complex scenarios such as de minimis and negligible thresholds, cumulation, and special treatment for non-market economy countries.
What Are the Key Provisions?
1) Preliminary matters and definitions (Part 1)
The Regulations begin with foundational definitions that control how terms are used throughout the investigation and determination process. Section 2 defines “producer” in a way that distinguishes between manufactured goods and unmanufactured raw goods. For manufactured goods, the “producer” includes the producer, manufacturer or processor. For unmanufactured raw goods, it is the person who obtains the goods directly through agricultural, mining or fishing operations. This matters because the identity of “producers” affects who may be treated as an “interested party,” who may provide information, and whose data may be used in calculations.
Section 2 also defines “subsidised imports” as imports with respect to which a countervailable subsidy is provided. This definition is not merely semantic: it frames the scope of what is investigated and what must be established to justify countervailing duties.
2) Petition and initiation of investigation (Part 2 and Part 3)
A trade remedies case typically starts with a petition. The Regulations specify what a petition must contain (Section 3) and require notification of receipt (Section 4). These provisions are crucial for procedural compliance: an inadequate petition can delay or derail initiation, and it can affect what issues are “in play” during the investigation.
Once initiated, the Regulations set out the investigation mechanics. They address the scope of investigation (Section 5), the evidence to be included in the petition (Section 6), and the provision of information in the petition (Section 7). They also require notice of initiation (Section 8). During the investigation, interested parties may be asked to respond to questionnaires (Section 9), and the authority conducts a preliminary determination (Section 10) followed by notice (Section 11).
The Regulations also provide for provisional measures (Section 12), final determination (Section 13), and undertakings and suspension of investigation (Section 14). For counsel, these provisions are often where strategy is formed: whether to submit robust evidence early, how to respond to questionnaires, and whether undertakings are feasible to avoid or limit provisional duty exposure.
3) Injury determinations and causation (Part 4)
Even where dumping or subsidy is found, duties generally depend on injury analysis. Part 4 sets out the framework for determining injury (Section 15), causation (Section 16), threat of material injury (Section 17), and material retardation (Section 18). These provisions require a structured assessment of whether the domestic industry has suffered (or is likely to suffer) material injury, and whether the injury is attributable to the dumped/subsidised imports rather than other factors.
The Regulations also address cumulation—the aggregation of effects from multiple sources. Section 19 provides cumulation in countervailing duty investigations, while Section 20 provides cumulation in anti-dumping duty investigations. Cumulation can be decisive in practice because it may strengthen the injury case by considering combined import effects, rather than assessing each source in isolation.
4) Subsidies and dumping calculations (Part 5)
Part 5 contains the technical rules for determining subsidy and dumping margins. It begins with rules on specificity and contingency of subsidy (Section 21), then moves to calculation of countervailable subsidy (Section 22) and establishing the countervailing duty rate (Section 23). It also includes thresholds: de minimis level of countervailable subsidy (Section 24) and negligible volume of subsidised or dumped imports (Section 25). These thresholds are significant because they can prevent duties from being imposed where the economic impact is too small.
For anti-dumping, Part 5 sets the relevant period for investigation (Section 26) and provides detailed rules for determining normal value (Section 27) and selecting a third country (Section 28) where required by the Act. It also addresses cost of production and constructed value (Section 29), and transactions not in ordinary course of trade (Section 30). These provisions are central to the fairness and accuracy of the dumping margin calculation.
Section 31 requires establishing dumping margins, while Section 32 requires adjustments to ensure a fair comparison between normal value and export price. The Regulations also provide for limited examination (Section 33), which may affect how comprehensively data is reviewed.
Finally, Part 5 includes special rules for non-market economy countries: Section 34 sets the rate of countervailing subsidy on goods from such countries, and Section 35 sets the dumping margin for goods from such countries. These provisions can be highly consequential for exporters and importers dealing with jurisdictions where market-based pricing is not accepted for purposes of the investigation.
5) Reviews and post-imposition adjustments (Part 6)
Trade remedy measures are not necessarily permanent. Part 6 provides for reviews by the Minister (Section 36) and several expedited review pathways: for exporters not examined (Section 37), for new exporters in anti-dumping contexts (Section 38), and for extension reviews (Section 39). It also provides for refund reviews (Section 40). For practitioners, these provisions are essential for managing ongoing compliance and for planning how to seek changes to duty rates or obtain refunds where legal and factual conditions are met.
6) General procedural fairness: information, verification, and disclosure (Part 7)
Part 7 ensures that interested parties can participate meaningfully and that the authority’s determinations are based on verified and properly disclosed information. Section 41 addresses information from interested parties. Section 42 addresses information from industrial users, etc. Section 43 requires verification of information, while Section 44 permits determinations on “facts available” where information is not provided or is otherwise inadequate. Section 45 provides for meetings of interested parties, and Section 46 addresses disclosure of facts under consideration.
These provisions are often the backbone of procedural fairness arguments. They also influence litigation risk: if a party believes the authority relied on unverified information or failed to disclose key facts, counsel may challenge the process (subject to the availability of judicial review or other remedies under Singapore law).
How Is This Legislation Structured?
The Regulations are structured in seven parts that mirror the typical workflow of a trade remedies case:
Part 1 (Preliminary) sets citation and definitions.
Part 2 (Petitions) specifies petition content and notification of receipt.
Part 3 (Investigation Procedures) governs scope, evidence, information submission, initiation, questionnaires, preliminary and final determinations, provisional measures, and undertakings/suspension.
Part 4 (Injury Determinations) provides the injury, causation, threat, retardation, and cumulation framework.
Part 5 (Subsidies and Dumping) sets out the substantive calculation rules for subsidy and dumping margins, including thresholds and non-market economy treatment.
Part 6 (Reviews) provides mechanisms for review, expedited review, extensions, and refunds.
Part 7 (General) covers information exchange, verification, use of facts available, meetings, and disclosure.
Who Does This Legislation Apply To?
The Regulations apply to participants in countervailing and anti-dumping investigations under the Act. This includes petitioners (typically domestic industry or representatives), exporters and producers in exporting countries, importers in Singapore, and other “interested parties” who may submit information or attend meetings. The definition of “producer” in Section 2 is particularly relevant for determining which entities can be treated as producers for purposes of the investigation.
In addition, the Regulations apply to the competent authority and the Minister who conduct or oversee determinations and reviews. The procedural obligations in Parts 3 and 7—such as questionnaire responses, verification, disclosure, and determinations on facts available—bind the investigation process and therefore affect how parties must prepare their evidence.
Why Is This Legislation Important?
For legal practitioners, the Regulations are important because they operationalise the Act’s trade remedy system. They provide the procedural “rules of engagement” and the technical “calculation rules” that determine whether duties are imposed and at what level. In practice, many disputes turn not only on economic outcomes (dumping margins, subsidy rates, injury findings) but also on whether the process complied with the Regulations’ procedural safeguards.
The Regulations also have direct commercial consequences. Provisional measures (Section 12) can affect pricing and supply chain decisions early in an investigation. De minimis and negligible thresholds (Sections 24 and 25) can prevent duties where impacts are too small, which can influence whether parties choose to contest the case or focus on settlement/undertakings. Non-market economy provisions (Sections 34 and 35) can materially affect margin calculations and therefore the duty exposure of exporters.
Finally, the review and refund framework (Part 6) means that duty exposure is dynamic. Exporters and importers should plan for post-imposition engagement: seeking expedited reviews where appropriate, preparing for extension reviews, and maintaining records to support refund applications. Counsel advising clients in affected sectors should therefore treat the Regulations as a continuing compliance and evidence-management regime, not a one-off litigation document.
Related Legislation
- Countervailing and Anti-Dumping Duties Act 1996 (authorising Act; referenced throughout the Regulations)
- Dumping Duties Act 1996 (as referenced in the provided metadata)
- Timeline / Legislative history (including 1997 SL 207/1997, 1998 RevEd, and 2024 RevEd)
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.