1. Where an anti-dumping investigation in respect of goods from the other Party is terminated with negative final determination, no investigation shall be initiated on the same goods by the importing Party within one year from the date of termination of the previous investigation.
2. Notwithstanding paragraph 1, the investigating authority of the importing Party may initiate an investigation in an exceptional circumstance.
ARTICLE 2.7.6: LESSER DUTY RULE
If a Party takes a decision to impose an anti-dumping duty in respect of goods from the other Party pursuant to Article 9.1 of the Anti-Dumping Agreement, it shall apply a duty less than the margin of dumping where such lesser duty would be adequate to remove the injury to the domestic industry.
ARTICLE 2.7.7: PROHIBITION OF ZEROING
When dumping margins are established, assessed, or reviewed by a Party in any anti-dumping proceeding provided in the Anti-Dumping Agreement, all individual margins, whether positive or negative, shall be counted toward the average regardless of the comparison bases provided for under Article 2.4.2 of the Anti-Dumping Agreement."
4.
Article 3.4 (Not Wholly Obtained or Produced) of the Agreement shall be replaced with the following:
"ARTICLE 3.4: NOT WHOLLY OBTAINED OR PRODUCED
1. Within the meaning of paragraph (b) of Article 3.2 and subject to the provisions of Articles 3.6, 3.9 and that the final process of manufacturing is performed within the territory of the exporting Party, products would be considered as originating if:
(a) (i) the total value of the materials, parts or produce originating from countries other than the Parties or of undetermined. origin used in the manufacture of the product does not exceed. 65% of the FOB value of the product so produced or obtained; and,
(ii) the product so produced or obtained is classified in a heading, at the six digit level, of the Harmonised System different from those in which all the non-originating materials used in its manufacture are classified; or
(b) the product satisfies the Product Specific Rules as specified in Annex 3A."
5.
Chapter 3 (Rules of Origin), Section B (Origin Determination), of the Agreement shall be amended by adding, after Article 3.4 (Not Wholly Obtained or Produced), the following:
"ARTICLE: 3.4A: DE MINIMIS
1. A good that does not undergo a change in tariff classification pursuant to Article 3.4 and Annex 3A in the final process of production shall be considered as originating if:
(a) for all goods except those falling within Chapters 50 through 63 of the Harmonised System:
i. the value of all non-originating materials used in its production, which do not undergo the required change in tariff classification, does not exceed ten percent of the FOB value of the good; and
ii. the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good; and
(b) for goods falling within Chapters 50 through 63 of the Harmonised System:
i. the total weight of non-originating basic textile materials used in its production, which do not undergo the required change in tariff classification, does not exceed seven percent of the total weight of all the basic textile material used; and
ii. the good meets all other applicable criteria set forth in this Chapter for qualifying as an originating good.
2. The value of such non-originating materials shall be included in the value of non-originating materials for any applicable regional value content requirement for the good."
6.
Article 3.15 (Certificate of Origin) of the Agreement shall be replaced with the following:
"ARTICLE 3.15: CERTIFICATE OF ORIGIN
Products eligible for preferential concessions shall be supported by a Certificate of Origin issued by a government authority designated by the government of the exporting Party (referred to herein as "the Issuing Authority") and notified to the other Party in accordance with the Operational Certification Procedures, as set out in Annex 3B."
7.
Article 3.16 (Co-operation on Verification of Certificate of Origins) of the Agreement shall be replaced by the following:
"ARTICLE 3.16: CO-OPERATION ON VERIFICATION OF CERTIFICATES OF ORIGIN
1. The Parties shall co-operate with each other to verify the authenticity and the correctness of the information given in the certificates of origin.
2. For the purpose of implementing the provisions of paragraph 1, the Customs Authority of the importing Party shall return the certificate of origin, or a copy of the document, to the Issuing Authority of the exporting Party, giving the reason for the enquiry. Any document and/or information obtained suggesting that the information given on the certificate of origin is incorrect shall be forwarded in support of the request for verification.
3. The verification shall be carried out by the Issuing Authority of the exporting Party."
8.
Annex 3A, as attached to this Protocol, shall replace Annex 3A in the Agreement.
9.
Annex 3B, as attached to this Protocol, shall replace Annex 3B in the Agreement.
10.
1. This Protocol shall enter into force on 14th September 2018.
2. Unless the Parties decide otherwise, this Protocol shall remain in force for so long as the Agreement remains in force.
IN WITNESS WHEREOF, the undersigned, being duly authorised by their respective governments, have signed this Protocol.
DONE at New Delhi, India on 24th August 2018 in duplicate.
FOR THE GOVERNMENT OF THE REPUBLIC OF INDIA:
(RAJNEESH)
Joint Secretary
Ministry of Commerce and Industry
FOR THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE:
(FRANCIS CHONG)
Senior Director
Ministry of Trade and Industry