G/ADP/Q1/KHM/2  
G/SCM/Q1/KHM/2  
G/SG/Q1/KHM/2  
 
26 June 2019  
(19-4303) Page: 1/5 
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 NOTIFICATION OF LAWS  AND REGULATIONS UND ER 
ARTICLE 18.5 , 32.6 AND 12.6 OF THE AGREEMENT S 
REPLY TO QUEST IONS1 POSED BY THE UNITED  STATES  
REGARDING THE NOTIFICATION OF CAMBODIA2 
The following communication, dated 21 June  2019, is being circulated at the request of the 
Delegation of  Cambodia . 
 
_______________  
 
Question 1  
 
Article 3 states, "{t}his law shall be applied to Dumping, Subsidies and Countervailing 
Measures, and Safeguards with regard to trade in Cambodia in conformity with the 
relevant Agreement s of the World Trade Organization". In instances of potential conflict 
between the Law and the above -mentioned WTO Agreements which will take precedence 
when Cambodia conducts its proceedings?  
 
Answer:  
 
Cambodian Trade Remedy Law was drafted based on the W TO model law. In case of conflict between 
this Law and the WTO Agreements, the WTO provisions would prevail.  
 
Question 2  
 
Several references are made throughout the Law on Trade Remedies that further 
descriptions or procedures will be provided in a Sub -Decree. Has Cambodia already issued 
this Sub -Decree or is this still a work in progress? If the Sub -Decree has been issued, 
when will Cambodia notify the Sub -Decree to the relevant WTO Committees? If the Sub -
Decree is not yet complete, please indicate the sta tus of the development of the Sub -
Decree and the expected process and timeline for its development and adoption.  
 
Answer:  
 
The drafting process is still in progress and consultations with relevant agencies and stakeholders. 
Consultations and drafting pro cess are expected to be completed before the next trade policy review.  
 
Question 3  
 
Article 16(B) provides a list of factors that the Committee should consider in a threat of 
material injury analysis in an antidumping investigation. Please explain whether any one 
of these factors can give decisive guidance on whether there is a threat to the industry, 
or whether "the totality of the factors considered must lead to the conclusion that further 
dumped exports are imminent and that, unless protective action is taken, material injury 
would occur", as provided in Article 3.7 of the AD  Agreement.  Please also explain whether 
                                                
1 G/ADP/Q1/KHM/1  - G/SCM/Q1/KHM/1  - G/SG/Q1/KHM/1  
2 G/ADP/N/1/KHM/2  - G/SCM/N/1/KHM/2  - G/SG/N/1/KHM/2  G/ADP/Q1/KHM/2 • G/SCM/Q1/KHM/2 • G/SG/Q1/KHM/2  
 
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  the factors enumerated in the Law constitute an exhaustive list, given that Article 3.7 
indicates that an authority may consider additional factors.  
 
Answer:  
 
To clarify, no one of these factors by itself can give decisive gui dance. The totality of these factors 
must lead to the conclusion that further dumped exports are imminent and that, unless protective 
action is taken, material injury would occur. The factors enumerated in the law are a non -exhaustive 
list. 
 
Question 4  
 
Paragraph A of Article 18 notes that in special circumstances, the National Committee on 
Trade Remedies may itself initiate an investigation. Please clarify that the Committee will 
only proceed "if they have sufficient evidence of dumping, injury and a causa l link", as 
required under Article 5.6 of the AD Agreement, prior to initiating an investigation. 
Furthermore, please confirm that, with due allowance for the protection of confidential 
information, interested parties to the investigation will be able to r eview the underlying 
basis and facts used by the National Committee on Trade Remedies to initiate the 
investigation.  
 
Answer:  
  
Yes, the Committee will only proceed "if they have sufficient evidence of dumping, injury and a 
causal link", as,  required under  Article 5.6 of the AD Agreement, to justify the initiation of an 
investigation.  
 
According to the Article 18 of the Law, the Committee shall not disclose any confidential information 
if the party submitting such information request s so. For non -confident ial information, the 
Committee may furnish to the interest parties to the investigation upon request. The detail 
procedures will be determined in the Sub -decree.  
 
Question 5  
 
Paragraph D of Article 18 states, "{t}he National Committee on Trade Remedies sha ll 
maintain a public file containing non -confidential information obtained during the 
investigation". Please confirm that the public file will contain sufficiently detailed 
summaries of the confidential information to permit parties "a reasonable understan ding 
of the substance of the information submitted in confidence" as required under Article 
6.5.1 of the WTO AD Agreement.  
 
In addition, please explain how interested parties will access the public file.  
 
Finally, Article 18D does not specifically address that all interested parties, whenever 
practicable, will have timely opportunity to see all evidence relevant to the presentation 
of their cases. How does Cambodia implement the requirements of Article 6.4 of the AD 
Agreement?  
 
Answer:  
 
The points raised in  this question will be dealt with in the implementing sub -decree.  
 
Question 6  
 
Article 32 states, "{w}hen conducting safeguards investigations, the National Committee 
on Trade Remedies shall apply the principles and procedures contained in Article 18 of 
this Law". However, Article 18 of the Law on Trade Remedies describes the procedures 
for initiating and conducting antidumping investigations. Since antidumping and 
safeguards measures are different remedies subject to distinct WTO rules concerning 
their ado ption and implementation, please clarify which of the principles and procedures 
described in Article 18 are also applicable to safeguards investigations.  
 G/ADP/Q1/KHM/2 • G/SCM/Q1/KHM/2 • G/SG/Q1/KHM/2  
 
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  Answer:  
 
The principles and procedures described in Article 18 which also applicable to safeguard investigation 
are; I) An investigation may be initiated at the request of domestic industry or by the committee 
itself and 2) the committee shall establish procedures for initiation of an investigation. For the 
detailed principles and procedures of each re medy will be further set out in Sub -Decree.  
 
Question 7  
 
Paragraph C of Article 32, which concerns provisional safeguard measures, omits the 
requirement in Article 6 of the Safeguards Agreement that such measures may be applied 
only "in critical circumstan ces" where delay would cause damage that would be difficult 
to repair. It also substitutes the term "sufficient evidence" for the term "clear evidence" 
in the English text of Article 6 of the Safeguards Agreement. Please explain these 
differences.  
 
Answer :  
 
For greater certai nty, the provisional safeguard measure may be applied by the Committee only in 
critical circumstances where delay would cause damage that would be difficult to repair.  
 
For clarification, the term "Sufficient evidence" in paragraph C  of Article 32 of the Law and the te rm 
"Clear evidence" in Article 6 of the Safeguards Agreement should have the same interpretation in 
Khmer language.  
 
Question 8  
 
Paragraph C of Article 33 states that Cambodia "shall immediately notify the 
World  Trade  Organization if it is determined that increased imports have caused or 
threaten to cause  serious injury to the Cambodian industry". Please indicate whether 
Cambodia, in its notification to the Safeguards Committee, also plans to provide the 
information requi red by Article  12.2 of the Safeguards Agreement.  
 
Answer:  
 
In accordance with notification under Para C of article 33 of Cambodian Law, Cambodia will include 
information required by WTO Agreement on Safeguard.  
 
Question 9  
 
Paragraph A of Article 34 and paragraph A of Article 36 state that the National Committee 
on Trade Remedies may apply a remedy in the form of a quantitative restriction , but makes 
no reference to the requirements and limitations regarding such measures in Article 5 of 
the Safeguards Agreement. Please explain how the National Committee would apply such 
a measure consistent with these requirements and limitations.  
 
Answer:  
 
The requirement and limitation regarding application of Safeguard Measures in the fo rm of 
Quantitative  Restriction will be set out in the Sub -Decree.  
 
Question 10  
 
Paragraph A of Article 41 states that the National Committee on Trade Remedies may 
extend a remedy "one time only, for a period of not more than 6 (six) years". Please 
explain how this is consistent with the requirements of Article 7 and Article 9.2 of the 
Safeguards Agreement, particularly the requirement in Article 7.1.  
 
Answer:  
  
The "one time only, for a period of not more than 6 (six) years" stated in Para A of Article 41 d oes 
not include the period of initial application (please refer to Article 38 for the duration of definitive G/ADP/Q1/KHM/2 • G/SCM/Q1/KHM/2 • G/SG/Q1/KHM/2  
 
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  safeguard measure). The 6 (six) years includes the one -time extension for period up to 4 years with 
additional 2 years as Cambodia is a LDC (Articl e 9.2 of Safeguards Agreement). The requirements 
of Article 7 of WTO Safeguards Agreement can be found in Para B of Article 41 of the Law.  
 
Question 11  
 
Please clarify which "court of jurisdiction" noted in Article 43(A) of the Law on Trade 
Remedies would be the appropriate court of review for appeals of antidumping, 
countervailing duty, or safeguard decisions. Also, please list the findings, decisions, or  
methodologies applied within an antidumping, countervailing duty, and safeguards 
proceedings that are subject to judicial review by this court.  
 
Answer:  
 
The court of jurisdiction noted in Article 43(a) would be the Court of the First Instance. List of the 
findings, decisions,  or methodologies applied within an antidumping, countervailing duty, and 
safeguards proceedings that are subject to judicial review by the court will be developed.  
 
Question 12  
 
The Law on Trade Remedies appears not to contain prov isions that implement a number 
of key procedural requirements in Articles 3 and 4 of the Safeguards Agreement. For 
example, the Law does not address the requirements in Article 3.1 that the competent 
authorities hold public hearings or provide other opport unities for interested parties to 
present evidence and their views; provide for the protection of confidential information 
as required by Article 3.2; or require that the competent authorities publish a report 
setting forth their findings and reasoned conc lusions of on all pertinent issues of fact and 
law, as well as a detailed analysis of the case under investigation and a demonstration of 
the relevance of the factors examined (Article 3.1 and Article 4.2(c)). Please explain how 
Cambodia would meet these r equirements.  
 
Answer:  
 
Article 32 ( B) of the Law contains the requirement on public notice while Article 43 (Judicial Review) 
mentions the public hearings which cover any public hearings hold under three types of Trade 
remedies investigation. The detailed  procedural requirements will be additionally spelled out in the 
Sub-Decree.  
 
Question 13  
 
The Annex (definitions) at (b) defines "trade remedy duty" as "a duty applied to an 
imported product as the result of an anti -dumping or safeguards investigation". H owever, 
a "trade remedy" is defined in Annex(a) as including antidumping, subsidies and 
countervailing, and safeguard measures. Please explain why duties resulting from a 
subsidies and countervailing duty investigation would not also be considered as a tra de 
remedy duty.  
 
Answer:  
 
The reason why "trade remedy duty" in Annex at (b) does not include duties resulting from a 
subsidies and countervailing duty investigation is because Subsidies and Countervailing measure will 
be further defined in Sub -Decree as stated in Article 29 of the Law. The sub -decree on subsidies and 
countervailing measure will clarify this point as necessary.  
 
Question 14  
 
The Annex (f) defines the "Cambodian industry" but does not contain a reference to a 
regional industry analysis auth orized under Articles 4.1(ii) of the AD Agreement and 16.2 
of the SCM  Agreement. Is such an analysis permitted under the Law on Trade Remedies?   
 G/ADP/Q1/KHM/2 • G/SCM/Q1/KHM/2 • G/SG/Q1/KHM/2  
 
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  Answer:  
 
Such analysis is permitted under the Law on Trade Remedies. If it is necessary, the regional industry 
analysis can be spelled out in relevant sub -decree.  
 
Question 15  
 
The Annex  at (g) and (m) define "like domestic product" and "like product for anti -
dumping investigation", respectively. "Like domestic product" refers to "a domestic 
product which is identical, i.e. alike in all respects to the investigated product". By 
contrast, "like product for anti -dumping investigation" refers to "a product which is 
identical, i.e. alike in all respects to the investigated product, or another product which, 
although not alike in all respects, has characteristics closely resembling those of the 
investigated product " (italics added for emphasis). Please explain the reason for the 
difference in the definitions, given that there is no difference in the definition of "like 
product" in Articles 2.6 of the AD Agreement and 15.1 of the SCM Agreement.  
 
Answer:  
 
The small difference between these two terms is:  
  
"Like domestic product" gives general meaning to the domestically produced product which is a "like 
product" to the investigated product.  
 
"Like product for Anti -dumping investigation" shall has the same meaning as  defined in Articles 2.6 
of AD Agreement.  
 
Question 16  
 
The Law on Trade Remedies does not define negligibility. Please explain the meaning of 
negligible imports, keeping in mind Article 5.8 of the AD Agreement. Similarly, Article 18C 
of the Law on Trade R emedies states that investigations may be terminated "upon the 
withdrawal of the application", or when the Committee "determines that there is not 
sufficient evidence of dumping or injury justifying proceeding with the case". The Law on 
Trade Remedies does  not appear to provide any scenarios for termination of investigations 
when the volume of dumped imports in negligible. How does Cambodia implement the 
requirement of Article 5.8 of the AD Agreement requiring the termination of investigations 
in which "the  volume of dumped imports, actual or potential, or the injury, is negligible"?  
 
Answer:  
 
The Law does not define the negligibility, hence the meaning of negligible imports should be 
interpreted in accordance with Article 5.8 of WTO AD Agreement. It will b e clearly defined in the 
Sub-Decree.  
 
Question 17  
 
How does the Law implement the requirement of Article 6.9 of the AD Agreement that the 
authority inform all interested parties of the essential facts under consideration before 
making a final determination?  
 
Answer:  
 
The requirement under Article 6.9 of the AD Agreement will be included in the Sub -Decree.  
 
__________