G/ADP/N/1/CMR/2/Suppl.1 
G/SCM/N/1/CMR/2/Suppl. 1 
G/SG/N/1/CMR/2/Suppl.1  
23 February 2022  
(22-1788) Page: 1/39 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: French  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDE R ARTICLES 18.5, 32.6  
AND 12:6 OF THE AGREEMENTS  
CAMEROON  
Supplement  
The following communication, dated  and received on  8 February 2022, is being circulated at the 
request of  the delegation of Cameroon.  
 
_______________  
 
  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Draft Decree No.  2017/6523/pm of 7 June 2017 establishing the procedures for 
implementing Law No.  2016/004 of 18 April 2016 governing foreign trade in C ameroon.  
THE PRIME MINISTER AND HEAD OF GOVERNMENT,  
 
Having regard to  the Constitution;  
Having regard to  Law No. 2016/004 of 18  April 2016 governing foreign trade in Cameroon;  
Having regard to  Decree No. 92/089 of 4  May 1992 specifying the powers of the Prime  Minister, 
as amended and supplemented by Decree No.  95/145 of  4 August  1995;  
Having regard to  Decree No.  2011/408 of 9  December 2011 on the structure of the Government;  
Having regard to  Decree No . 2011/409 of 9  December 2011 appointing the Prime Mini ster and 
Head of Government;  
 
HEREBY DECREES : 
CHAPTER I  
GENERAL PROVISIONS  
Article  1 
 
This decree establishes the procedures for implementing Law No.  2016/004 of 18 April 2016 
governing foreign trade in Cameroon.  
 
Article  2 
 
This decree applies to any natu ral or legal person engaged in foreign trade operations in the national 
territory.  
 
Article  3 
 
For the purposes of this decree, the following definitions shall be accepted:  
 
Massive increase in imports:  a significant and sharp increase in the volume of imp orts of the 
product under consideration;  
 
Investigating authority : the Anti -Dumping and Subsidies Committee ; 
 
Injury:  Material damage to a domestic industry, threat of material damage to a domestic industry 
or material retardation of the establishment of a domestic industry ; 
 
Countervailing duties : measures to offset the effect of subsidies imposed by the government of 
an exporting country which are causing or are likely to cause material injury to a domestic industry; 
and 
 
Investigation : the process by which the competent administration, by all means at its disposal, 
collects and verifies from interested p arties the information and data needed for the application or 
non application of a trade defence measure;  
 
Threat of serious injury : serious injury that is clearly imminent, the determination of which is 
based on facts and not merely on allegation, conject ure or remote  possibility;  
 
Trade defence measures : actions taken by way of anti -dumping measures, countervailing duties 
or safeguard duties;  
 
Emergency measure : temporary protection that applies where importation of a good causes  or is 
likely to cause ser ious injury to domestic producers of directly competitive products;  
 
Product under consideration : the imported product alleged to be the subject of dumping, 
a specific subsidy or a massive increase in the volume of imports;  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Like product : the product identi cal in all respects to the product under consideration, or in the 
absence of such a product, another product which, although not alike in all respects, has 
characteristics closely resembling those of the product under consideration;  
 
Interested parties: refers to:  
 
(a) the exporter or foreign producer of the product under consideration , the Cameroonian 
importer of that product, or a trade association a majority of the members of which are 
producers or exporters or importers to Cameroon of the said product;  
(b) the government of the exporting country of the product under consideration;  
(c) the domestic producer of the product alike to the product under consideration or a trade 
association a majority of the members of which produce the product alike to the pro duct 
under consideration;  
(d) any other domestic or foreign party not included in the aforementioned categories, 
which demonstrates to the administration responsible for foreign trade its status as an 
interested party in the context of the investigation in to the application of a trade defence 
measure;  
 
Available information : data relating to facts which the investigating authority has at its disposal 
in order to carry out an assessment, and may be:  
 
(a) data communicated by other exporters or foreign produc ers, or by importers in the 
course of the investigation; or  
(b) data communicated by the domestic industry in the application that gave rise to the 
investigation, or subsequently communicated in the course of the investigation ; 
(c) data from other independent and objective sources which may become available to the 
responsible government authority during the investigation.  
 
Subsidy : a financial contribution by the government or any other public body within the territor y of 
a State concerned , or any form of income or price support conferring a benefit on the recipient.  
 
Normal value : the price, in the ordinary course of trade, for the like product when destined for 
consumption in the exporting country.  
 
CHAPTER II  
PROCEDURES FOR ENROLMENT IN THE R EGISTERS OF IMPORTERS AND EXPORTERS  
SECTION I  
ENROLMENT IN THE REGISTER OF IMPORTERS  
Article  4 
 
Enrolment in the register of importers is open to any legal or natural person with trader status in 
conformity with the laws in force who fulfils the following  conditions:  
 
- be domiciled in Cameroonian territory;  
- have available, through ownership or lease, storage capacity and physical facilities suited to  
the nature of the goods to be imported;  
-  be subject to the real taxation system.  
Article  5 
 
The application for enrolment in the register of importers to be made to the Minister responsible for 
foreign trade shall include the following:  
 
- an information sheet stamped at the rate in force stating in particular the applicant's full 
address and  the busin ess sector or the nature of the goods to be imported;  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  - a copy of the listing on the Commerce and Personal Property Credit Register;  
- a location certificate duly signed by the tax services with territorial jurisdiction;  
- a certified copy of the taxpayers' card ; 
- a statement that there are no outstanding charges;  
- a statement for submission (APS) or a statement for non -use of salaried staff (ANUPS) 
issued by the competent services of the National Social Security Fund (CNPS);  
- a copy of the approval for the business activity in Cameroon, where applicable;  
- a copy of the import authorization for the products concerned, where applicable;  
- a receipt for payment of the annual registration enrolment fee of thirty thousand 
(30 000) CFA franc s; 
- a receipt for payment t o the Cameroon National Shippers' Council (CNCC) of the annual 
fee of fifteen thousand ( 15 000) CFA franc s; 
- a certified copy of the national identity card or the residence permit of the person with 
primary responsibility, where applicable.  
SECTION II  
ENROL MENT IN THE REGISTER OF EXPORTERS  
Article  6 
 
Enrolment in the register of exporters is open to any legal or natural person with trader status in 
conformity with the laws in force and to duly established farmers' organizations that wish to export 
a share of  their output.  
 
Article  7 
 
The application for enrolment in the register of exporters to be made to the Minister responsible for 
foreign trade shall include the following:  
 
- an information sheet stamped at the rate in force stating in particular the applica nt's full 
address and  the business sector or the nature of the goods to be exported;  
- a copy of the listing on the Commerce and Personal Property Credit Register or on the 
Register of Cooperative Associations, where applicable;  
- a location certificate duly signed by the tax services with territorial jurisdiction;  
- a certified copy of the taxpayers' card;  
- a current statement that there are no outstanding charges;  
- a copy of the approval for the business activity in Cameroon, where applicable;  
- a copy of the export authorization for the products concerned, where applicable;  
- a copy of the declaration of existence in respect of exports of cacao and coffee;  
- a statement for submission (APS) or a statement for non -use of salaried staff (AN UPS) 
issued by the competent services of the National Social Security Fund (CNPS);  
- a self -declaration in respect of exports of cacao and coffee;  
- a receipt for payment of the registration enrolment fee of thirty thousand (30  000) CFA 
francs; 
- a certified cop y of the national identity card or the residence permit of the person with 
primary responsibility.  
SECTION III  
COMMON PROVISIONS APPLICABLE TO THE REGISTERS OF IMPORTERS AND EXPORTERS  
Article  8 
 
The enrolment in the registers of importers and exporters sha ll be valid for one fiscal year.  
 
Article  9 
 
Enrolment in the registers of importers and exporters is part of a paperless procedure involving the 
Ministry responsible for foreign trade and the  Single Window for Foreign Trade Operations (e -
GUCE).  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Article  10 
 
The platform for enrolment on the registers of importers and exporters must , in the interests of 
better monitoring, interconnect all the public and private agencies involved such that information 
can be uploaded to a central register held at the Ministr y responsible for foreign trade.  
CHAPTER III  
SPECIAL IMPORT AND EXPORT AUTHORIZATIONS  
Article  11 
 
(1) The Minister responsible for foreign trade may award special authorizations to natural or legal 
persons  that do not have trader status and that wish  to engage in  imports or exports for non -
commercial purposes . 
 
The special authorizations provided for in paragraph (1) above shall be issued on an ad hoc  or 
occasional basis and shall allow for the waive r of associated import or export declarations.  
 
(3) No person referred to in paragraph (1) above may be eligible for more than one special 
authorization in the course of a single fiscal year.  
 
Article  12 
 
The application for a special import or export authoriz ation to be made to the Minister responsible 
for foreign trade shall include the following:  
 
- an information sheet stamped at the rate in force stating in particular the applicant's full 
address, the purpose of the planned imports or exports together with d ocumentary 
evidence  thereof ; 
- a certified copy of the taxpayers' card or the approval of exemption from payment from 
customs duties and taxes;  
- the purchasing invoice for the goods concerned, or any other document establishing the 
source and destination of t he said goods;  
- a receipt for payment of the authorization issuance fee of thirty thousand (30  000) CFA 
francs; 
- a receipt for payment to the Cameroon National Shippers' Council (CNCC) of the annual 
fee of fifteen thousand (15  000) CFA franc s in respect of i mport licences only;  
- a certified copy of the national identity card or the residence permit of the person with 
primary responsibility.  
CHAPTER IV  
IMPORT AND EXPORT DECLARATIONS  
Article  13 
 
In accordance with the provisions of Article  12 of Law No.  2016/004  of 18  April 2016 referred to 
above, all imports or exports shall be subject to prior declaration for  statistical, inspection and control 
purposes, and for the issuance of a certificate of origin, particularly with regard to exports.  
 
Article  14 
 
Import and export declarations on goods subject to the import or export verification programmes or 
the programme for guaranteeing customs revenue shall be made to  the authorized body.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Article  15 
 
(1) The import and export declarations for goods not  subjec t to the import or export verification 
programmes or the programme for guaranteeing customs revenue can be made to  the competent 
services of the Ministry responsible for foreign trade, using the on -line form supplied to that end.  
 
(2) Import declarations s hall be made to  the competent services of the Ministry responsible for 
foreign trade by the importer concerned or his representative. They shall be filled in on line and sent 
via the platform to the following stakeholders:  
 
- the importer;  
- the Ministry respo nsible for foreign trade;  
- the customs administration  
- the authorized body;  
- the bank of domiciliation;  
- the administration  responsible for transfers and foreign exchange.  
 
(3) Export declarations shall be made to  the competent services of the Ministry respons ible for 
foreign trade by the exporter concerned or his representative. They shall be filled in on line and sent 
via the platform to the following stakeholders:  
 
- the exporter;  
- the Ministry responsible for foreign trade;  
- the customs administration;  
- the auth orized body;  
- the bank of domiciliation.  
 
(4) An import or export declaration must be accompanied inter alia by: 
 
- the pro forma or final invoice for the goods concerned , as applicable;  
- a copy of the certificate of enrolment in the relevant register or of the special import or 
export authorization, as applicable.  
 
Article  16 
 
The import declarations made to the competent services of the Ministry responsible for foreign trade 
shall be subject to payment of a release fee of five thousand (5  000) CFA francs per declaration.  
CHAPTER V  
DETERMINATION OF DUMPING OR SPECIFIC SUBSIDY, INJURY AND CAUSAL LINK  
SECTION I  
DETERMINATION OF DUMPING  
Article  17 
 
An imported product shall be considered as being dumped in Cameroon if the export price is less 
than the normal value of the like product in the ordinary course of trade in the country of export or 
of origin.  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Article  18 
 
(1) The export price of a product referred to in Article 17 above shall be taken to mean the price 
actually paid or payable for the product  under consideration sold for export to Cameroon.  
 
(2) However, where there is no price actually paid or payable for the product under consideration 
sold for export to Cameroon, or where it appears that the export price is unreliable because of 
association  or a compensatory arrangement between the exporter and the importer or a third party, 
the export price may be constructed:  
 
(a) on the basis of the price at which the product under consideration is first resold to an 
independent buyer in Cameroon; or  
(b) or on any basis deemed reasonable if the product under consideration is not resold to 
an independent buyer or not resold in the condition as imported.  
 
(3) Where the normal value of an imported product is determined on the basis of the price in the 
country of origin in accordance with Article 19(1) below, the export price shall be the price actually 
paid or payable for the product under consideration when sold for export in the country of origin.  
 
Article  19 
 
The normal value provided for in Article 17 above shall be determined on the basis of:  
 
(1) the comparable price, in the ordinary course of trade, for the like product when destined for 
consumption in the exporting country. However, where the product is merely transhipped through 
the country of e xport or where the product is not produced or there is no comparable price for it in 
the country of export, the normal value may be determined on the basis of the price of the like 
product when intended for consumption in the country of origin;  
 
(2) where no sale of the like product has taken place in the normal course of trade on the domestic 
market of the exporting country or where, because of the particular market situation or the low 
volume of sales on that market, such sales cannot provide guidance for  determining the normal 
value, the normal value shall be established on the basis of:  
 
(a) the comparable price of the like product when it is exported to a third country, provided 
however that export sales to such a third country are effected under the same 
conditions; or  
 
(b) the cost of production in the country of origin plus an amount representing 
administrative, selling and general costs, and a reasonable profit margin.  
 
(3) in the event that the product under consideration is exported from a countr y with a non market 
economy, that is not a Member of the World Trade Organization, the normal value shall be 
determined on the basis of:  
 
(a) the comparable price, in the ordinary course of trade, for sales of the like product 
destined for consumption in a  market -economy third country at a comparable level of 
economic development;  
(b) the comparable price in the ordinary course of trade for exports of the like product from 
an appropriate market -economy country, that are destined for other countries, includi ng 
Cameroon;  
(c) on any other reasonable basis.  
 
Article  20 
 
(1) In determining the price of export to Cameroon, the  investigating authority shall take into 
account the average price of sales effected over a period of twelve (12) months immediately 
precedi ng the initiation of the investigation, for which data are available.  
 
(2) Where the export price is established on the basis of the price at which the product under 
consideration is first resold to an independent buyer, in accordance with Article 18(1) ab ove, the 
investigating authority shall take account of:  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (a) all costs and import duties and taxes incurred between importation and resale;  
(b) a reasonable amount for profits accruing.  
 
(3) Where the product under consideration is not resold to an independent buyer or is not resold in 
the State into which it was imported, in accordance with Article 18(2) above, account shall be taken 
of costs and charges of all kinds incurred by the impor ter between the importation and resale of the 
product under consideration in a condition other than the condition as imported. Such costs and 
charges shall be determined on the basis of data obtained in the course of the investigation, from 
the replies to questionnaires and the importer's records, taking account of the fair distribution of 
costs associated with the importation and resale of the product under  consideration.  
 
Article  21 
 
Association between the exporter and the importer or a third party, as p rovided for in Article  18(2) 
above, shall be deemed to exist when one of the following conditions is met:  
 
- they are officers, directors or members of the supervisory board of one another's 
businesses;  
- they are legally recognized partners in business;  
- they are employer and employee;  
- one of them directly or indirectly controls or holds 5% or more of the outstanding voting 
stock or shares of both of them;  
- one of them directly or indirectly controls the other;  
- both of them are directly or indirectly controlled by a third person;  
- together they directly or indirectly control a third person.  
 
Article  22 
 
(1) In order to establish the normal value on the basis of the comparable price in the ordinary course 
of trade for the product alike to the product under consideration, when destined for consumption in 
the exporting country, in accordance with Article 19(1) above, the investigating authority shall take 
into account the sales prices for all transactions involving the product alike to the product under 
consid eration, effected on the domestic market of the exporting country over a period of twelve (12) 
months immediately preceding the initiation of the investigation, for which data are available.  
 
(2) However, transactions effected at prices below per unit cost s of production plus administrative, 
selling and general costs shall be excluded because they are deemed not to be in the ordinary course 
of trade, provided that such transactions:  
 
(a) account for twenty  % (20%) or more of the volume of sales of the product a like to the 
product under consideration on the domestic market of the exporting country;  
(b) are effected over a period of more than six (6) months; and  
(c) are effected at prices below the weighted average per unit cost for the period of twelve (12) 
months  referr ed to in point (1) above . 
(3) Transactions effected with parties related to the exporter or foreign producer may also be 
excluded, unless that exporter or foreign producer informs the investigating authority of the prices 
for such transactions at the time of resale to an independent buyer on its domestic market.  
 
(4) The exporter or foreign producer shall be considered to be related to another party in the 
domestic market of the exporting country if one of the conditions listed in  Article 21 above is m et. 
 
Article  23 
 
Sales of the like product when destined for consumption in the domestic market of the exporting 
country cannot provide guidance for determining the normal value in accordance with the conditions 
referred to in Article  19(2) above, in cases  where:  
 
(a) all sales are effected at prices below per unit cost plus administrative, selling and 
general costs;  
(b) the volume of such sales constitutes less than 5% of exports of the product to the 
Cameroonian market;  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (c) the domestic market situation o f the exporting country is characterized by the presence 
of distortions having the effect of keeping prices at a level lower than the level that 
might have existed in the absence of such distortions.  
 
Article  24 
 
Where the normal value is established on th e basis of the price of the like product when exported to 
a third country, in accordance with Article 19(2)(a) above, the choice of the third country shall be 
determined on the basis of the following criteria:  
 
(a) the like product exported to such third count ry is more alike to the product under 
consideration exported to Cameroon than is the like product exported to other third 
countries; and  
(b) the volume of sales from the exporting country to the third country concerned is 
analogous to the volume of sales from that country to Cameroon.  
 
Article  25 
 
The amounts for administrative, selling and general costs and profits referred to in Article  19(2)(b) 
above shall be based on actual data pertaining to production and sales of the product under 
consideration, in the o rdinary course of trade, by the exporter or foreign producer under 
investigation. When such amounts cannot be determined on this basis, they may be determined on 
the basis of:  
 
(a) the actual amounts incurred or realized by the exporter or producer in ques tion in 
respect of production and sales in the domestic market of the country of origin of the 
same general category of products;  
(b) the weighted average of the actual amounts incurred or realized by other exporters or 
foreign producers under investigatio n in respect of production and sales of the like 
product in the domestic market of the country of origin;  
(c) any other reasonable method, provided that the amount for profit so established shall 
not exceed the profit normally realized by other exporters or producers on sales of 
products of the same general category in the domestic market of the country of origin.  
 
Article  26 
 
The administrative, selling and general costs shall be calculated on the basis of accounting records 
kept by the exporter  or foreign producer under investigation, provided that such records are in 
accordance with the generally accepted accounting principles of the exporting country and reflect 
the costs associated with the production and sale of the product under considerati on. 
 
In this regard, account shall be taken of all available evidence concerning the proper allocation of 
costs, including that which is made available to the investigating authority by the exporter or foreign 
producer in the course of the investigation, p rovided that such allocations have been historically 
utilized by the exporter or producer in relation to establishing appropriate amortization and 
depreciation periods and allowances for capital expenditures and other development costs.  
 
Article  27 
 
(1) Th e dumping margin for a product shall be defined as the difference between the export price 
and the normal value of the product. The dumping margin shall be established on the basis of a fair 
comparison between the export price and the normal value of the p roduct under consideration.  
 
(2) It shall be determined individually for each known exporter or producer in the country of export 
concerned by the product under consideration.  
 
(3) However, in cases where the number of exporters, producers or importers is too large for an 
individual dumping margin to be determined, the investigation may be limited either to a 
representative sample of such exporters, producers or importers, or to the largest percentage of the 
volume of exports from the country concerned.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Article 28 
 
(1) In order to establish the dumping margin, a fair comparison between the export price and the 
normal value referred to in Article 27(1) above shall be made at the same level of trade, preferably 
at the ex factory level, and in respect of sales  made at as nearly as possible the same time.  
 
(2) The investigating authority shall in each case make the necessary adjustments for differences 
which affect the comparison between the export price and normal value, including in particular:  
 
- differences in  conditions and terms of sale;  
- differences in taxation;  
- differences in levels of trade;  
- differences in quantities sold;  
- differences in product characteristics;  
- any other differences which are demonstrated to affect the comparability of the export 
price and normal value.  
 
(3) When the comparison between the normal value and the export price requires a conversion of 
currencies, such conversion shall be made at the daily rate of exchange applicable on the date 
of sale. 
 
(4) However, when a sale of foreign currency on forward markets is directly linked to the export sale 
involved, the conversion shall be made at the rate of exchange used in the forward  sale. 
 
(5) The date of sale shall be the date of contract, purchase order, order confirmation or in voice, 
whichever establishes the material terms of sale. 
 
(6) If the exchange rate undergoes significant fluctuations, the investigating authority shall use, for 
the purposes of the comparison, the moving average of the daily exchange rates for the sixty ( 60) 
days preceding the date of the sale.  
 
Article  29 
 
(1) The margin of dumping shall be established on the basis of:  
 
(a) a comparison of a weighted average of normal values with a weighted average of prices 
of all export transactions;  
(b) a comparison of  normal values and export prices on a transaction to transaction basis;  
(c) a comparison of a weighted average of normal values with transaction to transaction 
export prices, if there is found to be a pattern of export prices which differs significantly 
among different purchase rs, regions or time periods, and if an explanation is provided 
as to why such differences cannot be taken into account appropriately by the use of the 
methods of comparison referred to in paragraphs (a) and (b) above.  
 
(2) The percent age margin of dumping shall be calculated as the ratio of the absolute dumping 
margin to the weighted average export price of the product under consideration.  
 
Article  30 
 
(1) In the case where products are not imported directly from the country of origin, but are exported 
to Cameroon from an intermediate country, the export price shall be compared with the comparable 
price in the country of export.  
 
(2) However, comparison may be made with the price in the country of origin if the products 
concerned  are merely transhipped through the country of export, or such products are not produced 
in the country of export, or there is no comparable price for them in the country of  export.  
 
Article  31 
 
(1) In cases where the investigation is limited to a represen tative sample, in accordance with 
Article  27(3) above, the investigating authority shall establish:  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (a) individual dumping margins for selected exporters or foreign producers in the 
representative sample that have collaborated in the investigation, on the  basis of data 
supplied by them in the course of the investigation;  
(b) a weighted average margin of dumping for exporters or foreign producers that have 
provided the requested data but have not been selected within the representative 
sample. Such average shall be calculated on the basis of the individual dumping margins 
established for those selected within the sample;  
(c) the highest margin of dumping for exporters or foreign producers that have refused to 
cooperate in the investigation and unknown export ers or foreign producers. 
Such margin shall be calculated on the basis of the data supplied by those included in 
the sample.  
 
(2) In calculating the weighted average dumping margin provided for in paragraph  (1)(b) above, no 
account shall be taken of zero m argins or margins of less than 2% or margins established on the 
basis of the best information available.  
 
In this regard, the selection of exporters, producers or importers shall be made in consultation with 
exporters, producers or importers concerned, and  with their consent.  
 
SECTION II  
DETERMINATION OF A SUBSIDY  
Article  32 
 
An imported product shall be considered to be subsidized if:  
 
1. a direct or indirect financial contribution from the public authority or any other body or public 
institution in the country of origin or the country of export of the product under consideration 
has been extended to the product, or the exporter or producer of the product receives any 
form of price or income support for the purpose or with the effect of directly or indire ctly 
increasing exports of that product to Cameroon;  
 
2. the financial contribution or price or income support confers a benefit in relation to 
the product.  
 
Article  33 
 
There shall be shown to be a financial contribution by the government or any other body o r public 
institution referred to in Article 32(1) above, in  cases  where:  
 
(a) a government practice involves a direct transfer of funds (in the form of grants, loans, 
and equity infusion) or potential direct transfers of funds or liabilities (in the form o f 
loan guarantees);  
(b) government revenue that is otherwise due is forgone or not collected;  
(c) the government provides goods or services other than general infrastructure, or 
purchases goods; or  
(d) the government makes payments to a funding mechanism, or entrusts or directs a 
private body to carry out one or more of the type of functions illustrated 
in paragraphs  (a) to (c) above, which would normally be vested in the government, and 
the practice in no real sense differs from practices normally followed  by governments.  
 
Article  34 
 
(1) A benefit is conferred on the recipient, pursuant to Article 32(2) above, when the terms or 
conditions of the government financial contribution are more favourable than those that the recipient 
could have obtained on the m arket or would have had to fulfil under the rules of ordinary law.  
 
The benefit shall be the difference between the amount paid by the recipient under the favourable 
terms provided by the government and the amount that the recipient would have had to pay u nder 
market conditions.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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(2) In establishing the amount of the subsidy in terms of the benefit conferred on the product under 
consideration, the following items shall be from the total amount of the subsidy:  
 
(a) application fees and other costs necessaril y incurred in order to qualify for, or to obtain, 
the subsidy;  
(b) export duties, taxes or other charges levied on the export of the product concerned to 
Cameroon, and specifically intended to offset the subsidy.  
 
(3) The interested party requesting such deductions shall be required to provide evidence to justify 
the items referred to in paragraphs (2)(a) and (b) above.  
 
(4) The percentage amount of the subsidy shall be calculated as the ratio between the amount of 
the subsidy and the value  of sales of the product under consideration eligible for the subsidy during 
the twelve (12) month period immediately preceding initiation of the investigation.  
 
Article  35 
 
A subsidy shall be considered specific in the following cases:  
 
1. where the legis lation or the public authority in the country of origin or of export of the 
product under consideration expressly limits the granting of the subsidy to an enterprise 
or an industry, or to a group of enterprises or industries, either at the national level o r 
within a specific geographical region.  
 
However, there shall be no specificity if the public authority granting the subsidy or the legislation 
under which that authority acts makes receipt of the subsidy and the amount thereof conditional on 
objective criteria or conditions, provided however that the eligibility for the subsidy is automatic and 
that such criteria and conditions are spelt out in the legislation, regulations or any other official 
document, so as to be capable of verification and  application.  
 
2. where it is observed in practice that:  
- a subsidy programme is used by a limited number of enterprises or industries;  
- a subsidy programme is used predominantly by one enterprise, one industry, 
or one group of enterprises or industries;  
- disproportionately large amounts of subsidy are granted to one enterprise, 
one industry, or one group of enterprises or industries;  
- the granting authority exercises discretion in the decision to grant a subsidy;  
 
3. where the subsidy is contingent, in  law or in fact, either exclusively or among several 
other conditions on export performance;  
 
4. where the subsidy is contingent, either exclusively or among several other conditions, 
on the use of domestic products in preference to imported products.  
 
Article 36 
 
(1) The objective criteria or conditions provided for in the first point of Article  35 above shall be 
understood to mean criteria or conditions which are neutral, which do not favour certain enterprises 
over others, and which are economic in nature and horizontal in  application.  
 
(2) In order to determine whether the granting authority exercises discretion in its decision to grant 
a subsidy, as referred to in the first point of Article 35 above, the investigating authority shall take 
into acco unt information on the frequency with which applications for a subsidy are refused or 
approved and the reasons for such decisions.  
 
(3) In accordance with  the third point of Article 35 above,  a subsidy shall be considered to be 
contingent in fact on export  performance when the facts demonstrate that the granting of the subsidy 
in question, without having been made legally contingent upon export performance, is in fact tied 
to actual or anticipated exportation or export earnings.  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  Article  37 
 
(1) Where the e xistence of a specific subsidy is established, its amount shall be calculated in terms 
of the benefit conferred on the recipient of the subsidy during the period covered by the 
investigation. This amount shall be calculated on a per unit basis  and as a percentage of the value 
of the subsidized product exported to Cameroon, in respect of  each individual known  exporter or 
producer in the country of origin or export concerned by the product under consideration.  
 
(2) However, where the number of ex porters, producers or importers is too large for the calculation 
of the individual subsidy amount to be feasible, the investigation may be limited to a representative 
sample of those exporters, producers or importers, or to the largest percentage of the vo lume of 
exports from the country concerned.  
 
Article  38 
 
In cases where the investigation is limited to a representative sample, in accordance with 
Article  37(2) above, the investigating authority shall establish:  
 
(a) individual subsidy amounts for select ed exporters or foreign producers in the sample, 
that have collaborated in the investigation, on the basis of data supplied by them in the 
course of the investigation;  
(b) a weighted average subsidy amount for exporters or foreign producers that have 
provided the data requested but have not been selected within the representative 
sample. The average amount shall be calculated on the basis of  the individual amounts 
established for those selected within the sample;  
(c) the highest subsidy amount for exporters  or foreign producers that have refused to 
cooperate in the investigation and unknown exporters or foreign producers. 
Such amount shall be calculated on the basis of data supplied by those selected within 
the sample.  
 
To that end , the approval of the expor ters, producers or importers to be selected is required.  
SECTION III  
DETERMINATION OF INJURY AND CAUSAL LINK  
ARTICLE 39  
 
(1) A determination of the existence of injury must be based on evidence arising from an objective 
examination of:  
 
(a)  the volume of imports of the product under consideration during a specified period;  
(b)  the effect of those imports on the prices of like domestic products on the domestic 
market; and  
(c)  the impact of the imports on the domestic industry producing like prod ucts. 
 
(2) Moreover, the determination of a threat of injury or material retardation of the establishment of 
a domestic industry must be based on facts and not merely on allegation, conjecture or remote 
possibility.  
 
ARTICLE 40  
 
(1) Pursuant to Article 39,  paragraph 1(a) and (b) above, the investigating authority shall consider:  
 
-   whether there has been a significant increase in the volume of dumped or subsidized 
imports, whether absolute or relative to domestic production or consumption of the like 
product during a period of twelve (12) months immediately preceding the date of 
initiation of the investigation, and for which data are available;  
-   whether there has been significant price undercutting by imports of the product under 
consideration as compar ed with the price of the like domestic product or whether the 
effect of such imports is,  to a significant degree, to depress prices or prevent price 
increases that would have occurred without such imports.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (2) Price undercutting shall be deemed to exist wh en the product under consideration is placed on 
sale in the domestic market at a price below the selling price of the like domestic product.  
 
(3) In order to assess price undercutting, the investigating authority shall compare, on an equitable 
basis, the s elling price for all transactions involving the like domestic product with the selling price 
for all transactions involving the product under consideration over the 12 -month period taken into 
account for the determination of dumping.  
 
Such comparison shall  be made at the same level of trade, which shall be the ex -factory level for 
the like domestic product and the ex -importer’s store level for the product under consideration.  
 
(4) No account shall be taken of transactions with related parties, except where the importer or the 
domestic producer, as the case may be, provides the investigating authority with the resale prices 
for independent buyers. A relationship between the domestic producer or the importer and another 
party shall be deemed to exist if one of  the conditions listed in Article 18 of this Decree is met.  
(5) Price depression shall exist where the investigating authority determines that the selling price of 
the like domestic product has declined over the above -mentioned 12 -month period.  
 
(6) Price suppression shall be deemed to exist where the Minister responsible for foreign trade 
determines that the ratio between the cost of production and the ex -factory price of the like domestic 
product on the domestic market has increased during the above -mentioned 12 -month period.  
 
ARTICLE 41  
 
(1) The examination of the impact of imports of the product under consideration on the domestic 
industry shall include an evaluation of all relevant economic factors and indices having a bearing on 
the state of the industry, including:  
 
(a)  actual and potential decline in sales, profits, output, market share, productivity, return 
on investments and utilization of production capacity;  
(b)  actual or potential influence on domestic prices;  
(c)  magnitude of the dumpin g margin; and  
(d)  actual and potential negative effects on cash flow, inventories, employment, wages, 
growth, and financing and reinvestment capacity.  
 
(2) The evaluation provided for in paragraph 1 above shall be based on data obtained in the course 
of the investigation from the replies to questionnaires and accounting records of domestic producers 
for a period covering at least the last three (3) years immediately preceding the initiation of the 
investigation, and for which data are available.  
 
ARTICLE 4 2 
 
(1) Where imports of a product from more than one country are simultaneously subject to an 
investigation, the investigating authority may cumulatively assess the effects of such imports in the 
light of the conditions of competition between imports of th e product under consideration from 
different origins and the conditions of competition between the imported product and the like 
domestic product.  
 
(2) However, the cumulative assessment shall take no account of imports of the product under 
consideration f rom an exporter or foreign producer meeting the conditions referred to in Article 66 
of this Decree.  
 
ARTICLE 43  
 
(1) The effect of imports of the product under consideration shall be assessed in relation to the 
domestic production of the like product when  available data permit the separate identification of that 
production on the basis of criteria such as the production process, producers’ sales and profits.  
 
(2) If separate identification of that production is not possible, the effects of such imports sha ll be 
assessed by examination of the production of the narrowest group or range of products, including 
the like product, for which the necessary information can be provided.  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 44  
 
(1) The determination of a threat of material injury, provided for in Article 39 of this Decree, shall 
be based on facts and not on allegation.  
 
(2) The change in circumstances that would create a situation in which the dumping or subsidy would 
cause injury must be clearly foreseen and imminent. In that regard, the invest igating authority shall 
base the determination on the examination of certain factors, such as:  
 
(a)  the factors referred to in Article 41 above;  
(b)  a significant rate of increase of imports of the product under consideration into the 
domestic market, indicating the likelihood of substantially increased imports of the 
product;  
(c)  the likely increase in demand for imports of the product under consideration on account 
of their low price, to the detriment of the like domestic product;  
(d)  the ex istence of sufficient freely disposable production capacity of the exporter or 
foreign producer, or an imminent, substantial increase in the capacity of the exporter 
or foreign producer, indicating the likelihood of substantially increased exports of the 
product under consideration to Cameroon, taking into account the availability of other 
markets to absorb any additional exports;  
(e)  available stocks held by the exporter or foreign producer of the product under 
consideration; and  
(f)  the nature of a subs idy or subsidies and their likely effects on exports of the product 
under consideration to Cameroon.  
 
(3) Taking into account the factors referred to in paragraph 2 above, it must be possible to conclude 
that further imports of the product under considerat ion are imminent and that material injury would 
occur unless an anti -dumping duty or countervailing duty or a price undertaking were applied. This 
examination shall be based on the data collected during the investigation by the investigating 
authority.  
 
ARTICLE 45  
 
(1) Proof of a causal link between imports of the product under consideration and injury to the 
domestic industry shall be based on an examination of all available evidence, including known factors 
other than the imports of the product under cons ideration that, at the same time, might have caused 
injury to the domestic industry.  
 
(2) The injury caused by these other factors shall not be attributed to imports of the product under 
consideration.  
 
ARTICLE 46  
 
Known factors other than imports of the p roduct under consideration, as provided for in Article 45 
above, shall include inter alia : 
 
(a)  contraction in demand or changes in the pattern of consumption;  
(b)  the volume and prices of imports not sold at dumped prices or not subsidized;  
(c)  trade -restrictive practices of foreign and domestic producers;  
(d)  competition between foreign and domestic producers and between domestic producers 
themselves;  
(e)   developments in technologies related to the production and marketing of the product 
under consideration in the light of the technologies applied in respect of the like 
domestic product;  
(f)  export performance of the domestic industry;  
(g)  productivity of the domestic industry; and  
(h)  any other factors that may be indicated by an intereste d party, in the course of the 
investigation, as being responsible for injury or threat of injury.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  SECTION IV  
PROCEDURES FOR THE INVESTIGATION RELATING TO ANTI -DUMPING MEASURES AND 
COUNTERVAILING MEASURES  
ARTICLE 47  
 
For the purposes of determining the existence of dumping or a specific subsidy, injury and the causal 
link between the dumping or subsidy and the injury, an investigation shall be initiated and conducted 
on the basis of a written application made by or on behalf of the domest ic industry to the Minister 
responsible for foreign trade.  
 
ARTICLE 48  
 
(1) The application referred to in Article 47 above must contain at least the following information:  
 
(a)  identification of the applicant producers, with an indication of their names,  business 
names, domiciles and full addresses;  
(b)  detailed description of the domestic product alike to the product under consideration, 
and description of the volume and value of production of the product by the applicant 
producers;  
(c)  description of the volume and value of the total domestic production of the product alike 
to the product under consideration;  
(d)  when the application is made on behalf of the domestic industry, it must identify the 
domestic industry concerned and provide, to the extent  possible, a list of all domestic 
producers of the like product or of their associations or professional groups that are 
known to the applicant and a description of the volume and value of domestic production 
of the like product accounted for by such produ cers or such associations or professional 
groups;  
(e)  detailed description of the product under consideration and of the names of the country 
or countries of origin or export to Cameroon of the product;  
(f)  identity of the exporters or foreign producers of the product under consideration and 
the importers of the product or their associations or professional groups known to the 
applicant;  
(g)  documented data, where dumping is alleged, on the normal value and price of export 
to Cameroon of the pr oduct under consideration;  
(h)  documented data, where subsidization is alleged, on the nature and per unit amount of 
the subsidy and the legislation, regulations or any official document under which the 
subsidy is granted in the country of origin or expor t; 
(i)  information on trends in the volume of imports of the product under consideration; and  
(j)  description of the injury caused to the domestic industry and the causal link between 
such injury and imports of the product under consideration.  
(2) In add ition to the information referred to in paragraph 1 above, the application must be signed 
by or on behalf of the producers that support it, as evidence of their commitment and accountability 
with regard to the information provided and their cooperation in the investigation.  
ARTICLE 49  
Any information provided on a confidential basis by parties to an investigation shall be treated as 
such and shall not be disclosed without specific permission of the party submitting it.  
To this end, interested parties provid ing confidential information shall be required to provide non -
confidential summaries thereof that are sufficiently clear to be made public. If no such summaries 
are provided, or if such summaries are not sufficiently clear to permit an understanding of the  
substance of the information submitted in confidence, and if the parties concerned have not provided 
valid reasons, the investigating authority may disregard such information.  
ARTICLE 50  
 
(1) The application referred to above shall be considered to have b een made by or on behalf of the 
domestic industry, if it is supported by those domestic producers whose collective output constitutes G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  more than fifty per cent (50%) of total production of the like product produced by that portion of 
the domestic industry e xpressing support for the application.  
 
(2) The percentages referred to in paragraph 1 above shall be calculated on the basis of production 
for the last year or the last season immediately preceding the date of submission of the application, 
for which data  are available.  
 
(3) In all cases, no investigation shall be initiated when domestic producers expressly supporting 
the application account for less than twenty -five per cent (25%) of total production of the like 
product produced by the domestic industry.  
 
ARTICLE 51  
 
(1) The domestic industry refers to Cameroonian producers as a whole of the like product, or those 
of them whose collective output constitutes a major proportion of the total domestic production of 
that product, excluding producers shown to be  related to the exporters or importers or who are 
themselves importers of the product under consideration.  
 
(2) For the purposes of the definition of the domestic industry:  
 
(a)  a Cameroonian producer shall be considered to be related to an exporter or importer 
when one of the conditions listed in Article 21 of this Decree is met, and provided that 
there are grounds for believing that the effect of the relationship is such as to cause the 
producer concerned to behave differently from non -related producers; and  
(b)  a producer shall be considered itself to be an importer of the product under 
consideration when one of the following conditions is met:  
-  the volume of its imports of the product under consideration exceeds five per cent 
(5%) of it s output of the like product;  
-   its imports of the product occur on a regular basis;  
-   the turnover on sales of these imports exceeds five per cent (5%) of the turnover 
on its production of the like product; and  
-   the product is imported on grounds other than satisfaction of demand by a 
different product range in terms of quality or technical specifications in relation 
to the like domestic product that it produces.  
 
ARTICLE 52  
 
Only applications that meet the conditions established by Articles 47 to 50 above shall be admissible. 
The admissibility or inadmissibility of the application shall be notified to the applicant within a period 
of fifteen (15) days from the date of receipt of the application. Any notification of inadmissibility of 
the applicatio n shall specify the reasons therefor.  
 
ARTICLE 53  
 
Within a period of thirty (30) days from the date of acceptance of the application, the Minister 
responsible for foreign trade, in the light of the information contained in the application, shall order 
the initiation of an investigation by the Anti -Dumping and Subsidies Committee.  
 
ARTICLE 54  
 
The notice of initiation of the investigation referred to in Article 53 above shall contain at least the 
following information:  
 
(a) full description of the product u nder consideration, including its technical characteristics 
and uses;  
(b)  name of the exporting country or countries of the product under consideration;  
(c)  date of initiation of the investigation;  
(d)  the basis of the allegation of dumping or subsidization in the application;  
(e)  a summary of the factors on which the allegation of injury and causal link is based;  
(f)  the address to which data and information should be directed by the interested parties;  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (g)  the time limit allowed for interes ted parties to make themselves known and submit their 
points of view in writing;  
(h)  the data collection period for the purpose of determining the existence of dumping; and  
(i)  the data collection period for the assessment of injury.  
 
ARTICLE 55  
 
(1) The  initiation of an investigation shall be notified to all interested parties known to the 
administration responsible for foreign trade.  
 
(2) A notice specifying, inter alia, the identity of the applicant or applicants, the product under 
consideration, the e xporting country or countries concerned, the date of initiation of the investigation 
and the reasons for its initiation, shall be published by the foreign trade administration in at least 
one national newspaper authorized to receive legal notices.  
 
(3) The  initiation and conduct of an investigation procedure shall not stand in the way of customs 
clearance of the products under investigation.  
 
ARTICLE 56  
 
Any interested persons shall have a period of thirty (30) days from the date of publication of the 
notice of initiation of the investigation to make themselves known as interested parties and to submit 
comments concerning the investigation.  
 
ARTICLE 57  
 
(1) Upon initiation of the investigation, the investigating authority shall send directly, or through the 
relevant diplomatic missions:  
 
(a)  a copy of the application, subject to the protection of confidential information, to the 
known exporters and foreign producers and to the authorities of the exporting countries, 
as well as to other interested parties, on  request; and  
(b)  questionnaires intended to collect information needed for the investigation to all 
interested parties known to the administration responsible for foreign and domestic 
trade.  
(2) The interested parties referred to in paragraph 1(b) above shall have a period of thirty (30) days 
from the date of dispatch of the questionnaires to reply to them. An additional fifteen (15) days shall 
be granted to exporters and producers domiciled abroad.  
(3) The 30 -day period provided for in paragraph 2 above may be extended for a maximum of twenty -
one (21) days, if the circumstances so require. In addition to their replies to the questionnaires, the 
interested parties may submit in writing any views or comments that they deem relevant to the 
investigatio n. 
(4) The Minister responsible for foreign trade may subject imports of the product under investigation 
to surveillance involving, inter alia, prior declaration of the quantities and values of the proposed 
imports.  
 
ARTICLE 58  
 
Further to receipt of repli es to the questionnaires, the investigating authority shall undertake an 
initial evaluation of the information provided and on the basis of these facts may determine, on a 
preliminary basis, the existence of dumping or a specific subsidy, injury and causal  link. 
 
In the absence of replies to the questionnaires, the evaluation shall be made on the basis of the 
information available.  
 
ARTICLE 59  
 
(1) The initial evaluation and the preliminary determination of the existence of dumping or a specific 
subsidy, in jury and causal link shall be published by the Minister responsible for foreign trade in at G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  least one national newspaper authorized to receive legal notices, in the form of a notice indicating 
the findings reached by the investigating authority.  
 
(2) Such publication must take account of protection of the confidentiality of the information 
provided. The notice shall be communicated to the known interested parties.  
ARTICLE 60  
 
(1) Where the initial evaluation results in a preliminary determination of the exi stence of dumping 
or a specific subsidy, injury and causal link, the Minister responsible for foreign trade may, if he 
deems it necessary and in order to avoid subsequent injury during the investigation period, propose 
to the Minister responsible for finan ce, further to the opinion of the investigating authority, the 
application of a protective measure in the form of a provisional anti -dumping duty or a provisional 
countervailing duty, in accordance with Article 23 of the above -mentioned Law No. 2016/004 of  18 
April 2016.  
 
(2) In the event that the evaluation does not result in a preliminary determination of dumping or a 
specific subsidy, injury or causal link, no protective measure shall be imposed on imports of the 
product under consideration.  
 
(3) In all cases, the investigating authority shall continue the investigation, regardless of whether a 
provisional anti -dumping duty or a provisional countervailing duty is applied.  
 
(4) Any protective measure in the form of a provisional anti -dumping duty or a prov isional 
countervailing duty shall be published in the Official Gazette and in at least one national newspaper 
authorized to receive legal notices, together with indications of the reasons for choosing the 
methodology used to establish the dumping or subsid y margins that gave rise to the application of 
the aforementioned measure.  
 
ARTICLE 61  
 
(1) Upon completion of the investigation, the investigating authority shall undertake a final 
evaluation of all the information collected, taking account of the results of the verifications effected.  
 
(2) In the event of non -cooperation in the investigation on the part of the interested parties, the 
evaluation shall be made on the basis of the best information available.  
 
(3) On the basis of the evaluation referre d to in paragraphs 1 and 2 above, and prior to the final 
determination of dumping or a specific subsidy, injury and causal link, the investigating authority 
shall notify the interested parties known to it, in writing, of the results of the investigation 
constituting the basis of its decision whether or not to apply a definitive anti -dumping duty or a 
definitive countervailing duty. These parties shall have a period of thirty (30) days from the date of 
dispatch of the notification to submit comments and obse rvations.  
 
ARTICLE 62  
 
The final evaluation and the final determination of dumping or a specific subsidy, injury or causal 
link shall be published and notified under the same conditions as those provided for in Article 59 
above.  
 
ARTICLE 63  
 
(1) Where the investigation conducted by the investigating authority results in a final determination 
of dumping or a specific subsidy, injury and causal link, the Minister responsible for foreign trade 
shall propose to the Minister responsible for finance the applicati on of a definitive anti -dumping duty 
or a definitive countervailing duty.  
 
(2) Any definitive measure in the form of a definitive anti -dumping duty or a definitive countervailing 
duty shall be published in the Official Gazette and in at least one national newspaper authorized to 
receive legal notices, together with indications of the reasons for choosing the methodology used to 
establish the dumping or subsidy margins that led to the application of that methodology.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (3) If the investigation does not result in a final determination of dumping or a specific subsidy, 
injury or causal link, no definitive measure shall be imposed on imports of the product under 
consideration and any undertaking made shall be null and void.  
 
ARTICLE 64  
 
The notice concerning evalu ation and the preliminary or final determination, whether affirmative or 
negative, shall set forth in sufficient detail, or indicate that a separate report sets forth in sufficient 
detail, the findings and conclusions reached on all of the following points : 
 
(a)  names of the exporters or, where appropriate, of the countries of export of the product 
under consideration;  
(b)  description of the product under consideration and its tariff classification;  
(c)  margins of dumping established and explanation of t he reasons for the methodology 
used to establish and compare the export price and the normal value;  
(d) amount of the subsidy and the basis on which it was determined;  
(e)  explanations relevant to the determination of injury and of the causal link;  
(f)  the main reasons giving rise to the preliminary or final determination, whether 
affirmative or negative;  
(g)  an account of the arguments put forward by the interested parties and the reasons for 
the acceptance or rejection of those arguments; and  
(h)  amount of the anti -dumping duty or countervailing duty, whether provisional or 
definitive, to be applied if such application is provided for.  
 
ARTICLE 65  
 
Any investigation shall be completed within a period of twelve (12) months from the date of its 
initiation. However, this period may be extended to eighteen (18) months, depending on the 
complexity of the case concerned or the difficulties in obtaining the necessary information.  
 
ARTICLE 66  
 
(1) The investigation with respect to a particular exporter or  foreign producer shall be terminated 
without the application of an anti -dumping or countervailing duty, when the exporter or producer 
concerned meets one of the following conditions:  
 
(a)  its dumping margin is less than two per cent (2%) of the export pr ice; 
(b)  the amount of the relevant subsidy, calculated on a per unit basis, represents less than 
one per cent (1%) of the unit value of the subsidized product when imported into 
Cameroon. This percentage shall be increased to two per cent (2%) for export ers or 
foreign producers domiciled in a developing country;  
(c)  the volume of imports of the product under consideration originating in a country where 
the said exporter or foreign producer is domiciled accounts for less than three per cent 
(3%) of total imports of the like product, unless the countries that individually account 
for less than three per cent (3%) of total imports of the like product collectively account 
for more than seven per cent (7%). These percentages shall be increased to four per 
cent (4%) and nine per cent (9%), respectively, for imports from developing countries.  
 
(2) The investigation with respect to all foreign exporters or producers shall be terminated, without 
the application of an anti -dumping or countervailing duty, if:  
 
(a)  the evidence of dumping, subsidy or injury is insufficient to justify continuing the 
investigation; and  
(b)  the domestic industry that submitted the application withdraws it in the same form and 
under the conditions provided for in Article 50 above.  
 
(3) A  notice of termination of the investigation without application of an anti -dumping or 
countervailing duty shall be published by the Minister responsible for foreign trade in at least one 
national newspaper authorized to receive legal notices. The notice sh all be communicated to the 
known interested parties.  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 67  
 
The notice of termination of the investigation without application of an anti -dumping or 
countervailing duty shall contain the following information:  
 
(a)  identification of the applicant producers;  
(b)  description of the product under consideration;  
(c)  name of the country or countries exporting the product under consideration to 
Cameroon;  
(d)  date of initiation of the investigation;  
(e)  considerations and reasons giving rise  to the decision to initiate the investigation;  
(f)  considerations and reasons giving rise to the decision to terminate the investigation 
without the application of measures; and  
(g)  date of termination of the investigation.  
 
SECTION V  
IMPOSITION OF ANTI -DUMPING AND COUNTERVAILING DUTIES  
ARTICLE 68  
 
Any provisional or definitive anti -dumping or countervailing duty shall be determined, further to the 
opinion of the investigating authority, by an act of the Minister responsible for finance , on the 
proposal of the Minister responsible for foreign trade.  
 
ARTICLE 69  
 
(1) Any provisional or definitive anti -dumping or countervailing duty shall be applied:  
 
-   in the form of ad valorem  or specific duties levied in addition to the duties and cha rges 
applicable to imports of the product under consideration; and  
-   individually for each exporter or producer known in the country of export of the dumped 
or subsidized product, taking account of their cooperation in the investigation.  
 
(2) The provisional or definitive anti -dumping or countervailing duty shall be applied in a non -
discriminatory manner to imports of the dumped or subsidized product, and shall not exceed the 
dumping margin or the subsidy amount determined provisionally or definiti vely, as the case may be.  
 
(3) The provisional or definitive anti -dumping or countervailing duty shall be assessed and collected 
as in the manner of an ordinary duty.  
 
ARTICLE 70  
 
Where the investigating authority limits the investigation to a representati ve sample, the anti -
dumping or countervailing duty shall be applied in the following manner:  
 
(a)  individual anti -dumping or countervailing duties not exceeding the individual dumping 
margins or individual subsidy amounts obtained for exporters or foreign  producers 
selected within the representative sample;  
(b)  an anti -dumping or countervailing duty not exceeding the weighted average of the 
dumping margins or subsidy amounts obtained for exporters or foreign producers that 
cooperate in the investigation b ut have not been selected within the representative 
sample used in the investigation; and  
(c)  an anti -dumping or countervailing duty not exceeding the highest dumping margin or 
the highest subsidy amount obtained for exporters or foreign producers that de clined 
to cooperate in the investigation or unknown exporters.  
 
ARTICLE 71  
 
For the purpose of applying the definitive anti -dumping or countervailing duty, the investigation 
must determine:  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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(a) that there is a history of dumping or a specific subsidy caus ing injury; and  
(b)  that the injury is caused by dumped or subsidized imports carried out in a relatively 
short period of time and, in light of the timing and the volume of those imports and the 
build-up of inventories with importers, is likely to serious ly undermine the remedial 
effect of the definitive anti -dumping or countervailing duty that is to be applied.  
 
In this case, importers shall be given the opportunity to submit comments.  
SECTION VI  
PRICE UNDERTAKINGS  
ARTICLE 72  
 
(1) Further to the preliminary or final determination of the existence of dumping or a specific subsidy, 
injury and causal link, the Minister responsible for trade may, further to the opinion of the 
investigating authority, terminate or suspend the investigation without appl ying provisional or 
definitive measures, or propose to the Minister responsible for finance that the application of 
provisional or definitive measures be suspended, in the following cases:  
 
(a)  where the exporter concerned undertakes to review its prices or to cease its exports in 
such a way as to eliminate the dumping margin or injurious effects thereof and if the 
administration responsible for foreign trade considers, as a result of this undertaking, 
that the injurious effects of the dumping will be elim inated; and  
(b)  where the government of the exporting country or country of origin of the product 
subject to a specific subsidy eliminates or satisfactorily limits the specific subsidy or 
takes any other measure to stop its adverse effects.  
 
(2) The price  revisions made must be equivalent to the dumping margin or subsidy amount. 
However, price revisions lower than the dumping margin or subsidy amount may be accepted if the 
Minister responsible for foreign trade considers that they are sufficient to remove the injury caused.  
 
(3) In the event of violation of a price undertaking that has led to the application of a provisional 
measure being suspended, a provisional anti -dumping or countervailing duty,  as the case may be, 
shall be applied immediately on the ba sis of the information available. In such cases, the 
investigating authority shall resume the investigation.  
 
(4) In the event of violation of an undertaking that has resulted in the suspension of the application 
of a definitive anti -dumping or countervail ing duty, the duty in question shall be reinstated 
immediately.  
 
ARTICLE 73  
 
(1) Price undertakings may be deliberately offered by exporters on their own initiative or at the 
request of the Minister responsible for foreign trade or the investigating author ity. 
 
(2) Undertakings must be submitted in writing to the Minister responsible for foreign trade by 
exporters that have cooperated in the investigation. These must provide all relevant information in 
support of the undertaking offered and its implementati on, including a non -confidential version of 
such information that may be communicated, on request, to the interested parties in the 
investigation.  
 
(3) The Minister responsible for foreign trade shall have a period of thirty (30) days, from the date 
of rec eipt of the offer of an undertaking and further to the opinion of the investigating authority, to 
notify the exporter of the acceptance or rejection of the offer. In the event of acceptance of the 
undertaking offered, the exporter shall be required to prov ide the Ministry responsible for foreign 
trade with periodic information on the fulfilment of the undertaking, without prejudice to the 
possibility for the foreign trade administration to undertake verification of such information.  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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ARTICLE 74  
 
(1) Price u ndertakings shall not be accepted in cases where such commitments:  
 
(a)  do not permit the elimination of the injurious effects of dumping or subsidies;  
(b)  do not lend themselves to verification or their implementation is uncertain; or  
(c)  imply an agreement or scheme that is inconsistent with free competition or in any other 
way hinders free competition.  
 
(2) The Minister responsible for foreign trade shall communicate the reasons for the rejection of the 
undertaking to the exporters or foreign prod ucers concerned and shall give them the opportunity to 
make comments on the matter.  
 
ARTICLE 75  
 
The duration of any price undertaking shall be equal to that of the anti -dumping or  countervailing 
duty concerned by that undertaking.  
 
ARTICLE 76  
 
(1) A notice concerning any decision taken by the Minister responsible for foreign trade with regard 
to a price undertaking shall be published in at least one national newspaper authorized to receive 
legal announcements and shall be communicated to the parties c oncerned.  
 
(2) The public notice concerning acceptance of a price undertaking or its expiry shall contain, as 
appropriate, the following information:  
 
(a)  description of the product under consideration;  
(b)  name of the exporter or foreign producer concer ned by the undertaking and name of 
the country of export;  
(c)  nature and level of the undertaking having regard to the dumping margins or subsidy 
amounts determined;  
(d)  duration of the undertaking and date from which it takes effect;  
(e)  the decision t o terminate, suspend or continue the investigation if the undertaking is 
accepted further to the preliminary determination;  
(f)  reasons for acceptance of the undertaking;  
(g)  procedures agreed for the implementation of the undertaking and its verificatio n; and  
(h)  date of expiry of the undertaking.  
SECTION VII  
REVIEW OF THE ANTI -DUMPING OR COUNTERVAILING DUTY  
ARTICLE 77  
 
No later than ninety (90) days before the date of expiry of the period of application of an anti -
dumping or countervailing duty, the Minister responsible for foreign trade shall publish a notice in at 
least one national newspaper entitled to receive legal notices, announcing the date of expiry. The 
notice shall be communicated to the known interested parties.  
ARTICLE 78  
 
The Minister responsible for foreign trade may authorize a review of a definitive anti -dumping or 
countervailing duty in the following cases:  
 
(a)  following expiry of a period of one year from the date of application of the duty 
concerned, on hi s own initiative or at the request of an exporter, an importer or a 
representative acting on behalf of the domestic industry. Such review shall be conducted 
for the purpose of revision, maintenance or termination of the anti -dumping or 
countervailing duty applied;  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (b)  at any time, at the request of the exporter or producer in the country of export of the 
product under consideration that did not export the product to Cameroon during the 
period covered by the investigation culminating in the application of t he duty, and whose 
exports of that product are subject to that duty. Such review shall be conducted in order 
to determine the individual anti -dumping duty or the specific countervailing duty for 
that exporter or producer; and  
(c)  within the ninety (90) da ys prior to the expiry of the period of application of the anti -
dumping or countervailing duty, on his own initiative or at the request of a 
representative acting on behalf of the domestic industry. Such review shall be conducted 
for the purpose of extendi ng the period of application of the anti -dumping or 
countervailing duty applied and shall cover both the dumping or specific subsidy and 
the injury.  
 
ARTICLE 79  
 
(1) In order to be admissible, any application for review must contain objective and documente d 
data that demonstrate, according to the circumstances, that:  
 
(a)   continued imposition of the entirety of the definitive anti -dumping or countervailing duty 
is no longer necessary to offset the dumping or the subsidy, or that continued imposition 
of a portion of the duty is sufficient;  
(b)  the injury would be likely to continue or recur if the anti -dumping or countervailing duty 
were removed or reduced; or  
(c)  the existing duty is not or is no longer sufficient to offset the dumping or subsidy that 
has caused the injury.  
 
(2) Applicants for review, referred to in Article 78(b) above, must demonstrate that they are not 
related to the exporters or producers of the exporting country whose product is subject to the anti -
dumping or countervailing duty.  
 
ARTICLE 80  
 
(1) Any application for review of an anti -dumping or countervailing duty must be submitted to the 
Minister responsible for foreign trade and shall include, in addition to the information specific to each 
application, the following information:  
 
(a)  identification of the applicant producers;  
(b)  description of the product under consideration;  
(c)  the anti -dumping or countervailing duty in force; and  
(d)  the nature of the review requested.  
 
(2) The application containing confidential informati on must be accompanied by a sufficiently 
detailed non -confidential summary of such information.  
 
ARTICLE 81  
 
(1) The application for review must be made by a new exporter that did not export the product under 
consideration to Cameroon during the initial in vestigation period. An exporter that exported the 
product under consideration to Cameroon during the initial investigation period but did not make 
itself known during that investigation shall not be considered as a new exporter.  
 
(2) The application referr ed to in paragraph 1 above must be accompanied by evidence 
demonstrating that:  
 
(a)  the new exporter does not have any current or historical links with the exporters subject 
to the definitive anti -dumping or countervailing duty; and  
(b)  the new exporter actually exported the product under consideration to Cameroon 
further to the application of the definitive anti -dumping or countervailing duty; and  
(c)  the new exporter entered into an irrevocable contractual obligation to export a 
reasonable quantity of the product under consideration to Cameroon.  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 82  
 
(1) The application for review to extend the duration of the anti -dumping or countervailing duty, as 
referred to in Article 78(c) above, must include objective and documented data substantiating a 
presumption that the dumping or subsidy and the injury will continue or recur if the duty is 
terminated.  
 
In this regard, the elements of the application must demonstrate:  
 
(a)  the continuation of dumping or subsidy and the injury;  
(b)  that the elimination of the injury can be wholly or partly attributed to the existence of 
the anti -dumping or countervailing duty; and  
(c)  that the situation of the exporters or the market conditions are such that they indicate 
the likelihood of further du mping or injurious subsidies.  
 
(2) The application for review referred to in paragraph 1 above must be submitted to the Minister 
responsible for foreign trade within a period of thirty (30) days from the date of publication of the 
notice concerning expiry of the period of application of the anti -dumping or countervailing duty.  
 
ARTICLE 83  
 
Admissible applications for review shall be investigated by the investigating authority under the 
same conditions and procedures as those provided for in this Decree for the initial investigation. The 
duration of the review investigation shall be a maximum of twelve (12) months from the date of 
publication of the notice of initiation of the investigation. That duration shall be reduced to nine (9) 
months for investigations  concerning the review referred to in Article 78(b) above.  
 
ARTICLE 84  
 
(1) Throughout the period of the review investigation, collection of the anti -dumping duty or the 
countervailing duty shall be suspended and replaced by the levying of an equivalent am ount collected 
in the form of a deposit.  
 
(2) At the conclusion of the review investigation, the Minister responsible for foreign trade shall 
propose to the Minister responsible for finance, as appropriate and further to the opinion of the 
investigating au thority, the maintenance, revision, termination or extension of the anti -dumping or 
countervailing duty concerned.  
 
(3) In the case of the review provided for in Article 82(c) above, the Minister responsible for foreign 
trade may, if the needs of the investigation so require  and in light of the information available to 
him, propose to the Minister responsible for finance to maintain provisionally the duty in force, 
pending the outcome of the review investigation.  
 
ARTICLE 85  
 
(1) Where the anti -dumping  or countervailing duty revised as a result of the review is lower than 
the anti -dumping or countervailing duty held in deposit during the period of the review investigation, 
the difference between the duty held in deposit and the revised duty shall be ref unded in the form 
of credit notes to the importers.  
 
(2) Where the anti -dumping or countervailing duty revised as a result of the review is higher than 
the anti -dumping or countervailing duty held in deposit, the duty held in deposit shall be assessed 
and the difference between the revised duty and the duty held in deposit shall be collected.  
 
ARTICLE 86  
 
Any maintenance, termination, revision or extension of the period of application of an anti -dumping 
or countervailing duty further to its review shall be published in the Official Gazette and in a national 
newspaper authorized to receive legal notices and shall be communicated to interested parties 
known to the foreign trade administration.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  SECTION VIII  
PROVISIONS APPLICABLE IN THE EVENT OF CIRCUMVENTION O F ANTI -DUMPING DUTIES  
ARTICLE 87  
 
Where the Minister responsible for foreign trade finds, further to the opinion of the investigating 
authority, that a definitive anti -dumping measure is being circumvented, the definitive anti -dumping 
duty applied to the p roduct under consideration shall be extended to imports:  
 
-  of the modified product alike to the product subject to the definitive anti -dumping duty from 
exporters that are subject to the anti -dumping duty, provided that the modification does not 
entail a  change in the essential characteristics of the product;  
-  of the modified product alike to the product subject to the definitive anti -dumping duty from 
exporters established in a third country, provided that the product concerned has not acquired 
origin from that third country; and  
-  of parts and components of the product subject to the anti -dumping duty intended for the 
assembly of a product alike to the product subject to the definitive anti -dumping duty from 
exporters that are subject to the anti -dump ing duty.  
 
ARTICLE 88  
 
The following practices shall be considered circumventions of an anti -dumping measure:  
 
(a)  modification of the product subject to a definitive anti -dumping duty in order to remove 
it from the scope of that duty;  
(b)  exportation of the product subject to a definitive anti -dumping duty through a third 
country;  
(c)  reorganization of their sales channels by exporters or foreign producers subject to the 
definitive anti -dumping duty in order to export to Cameroon the produ ct subject to the 
anti-dumping duty through producers eligible for an individual anti -dumping duty rate 
lower than the rate that is applied to them; and  
(d)  any assembly operation in Cameroon or in a third country relating to the product subject 
to the de finitive anti -dumping duty.  
 
ARTICLE 89  
 
The assembly operation referred to in Article 88(d) above shall be considered an operation aimed at 
circumventing the anti -dumping duty where the following conditions are met:  
 
-  the assembly operation has been sta rted or significantly expanded and imports of parts or 
components needed for the operation have increased significantly since the initiation of the 
anti-dumping investigation;  
-  the parts or components concerned are exported by the exporter or foreign pro ducer subject 
to the definitive anti -dumping duty;  
-  the assembly operation is carried out by a party related to an exporter or producer whose 
exports to Cameroon are subject to the definitive anti -dumping duty or a party acting on 
behalf of such an expor ter or producer;  
-  the value of the parts or components constitutes a percentage higher than five per cent (5%) 
of the total value of the parts of the assembled product;  
-  the value added by the assembly operation is lower than five per cent (5%) of the ex-factory 
price of the assembled like product; and  
-  the ex -factory price of the assembled like product is lower than the normal value of the product 
under consideration.  
 
ARTICLE 90  
 
(1) The Minister responsible for foreign trade shall consider that mod ifications do not entail a change 
in the essential characteristics of the product where the product exported subsequently to 
Cameroon:  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (a)  retains the same characteristics and follows the same channels of trade as the product 
under consideration;  
(b)  uses essentially the same production process and the same raw materials as the product 
under consideration; and  
(c)  has the same end uses as the product under consideration.  
 
(2) The export of the product subject to the definitive anti -dumping duty through a third country 
shall be the subject of circumvention as provided for when it is found that such export is effected by 
an exporter related to the exporter subject to the definitive anti -dumping duty. That relationship 
shall be establi shed where one of the conditions referred to in Article 21 of this Decree is met.  
 
ARTICLE 91  
 
(1) The existence of circumvention of the anti -dumping duty shall be established when a change is 
found in the pattern of trade between third countries and Camer oon or between exporters subject 
to the definitive anti -dumping duty and Cameroon, arising from the practices referred to in Article 
88 above and for which there are no sufficient grounds or economic justifications other than 
circumvention of the anti -dump ing duty.  
 
(2) For the purposes of determining the existence of such circumvention, the investigating authority 
shall open and conduct an investigation on its own initiative or at the request of the domestic industry 
concerned.  
 
(3) Only requests accompani ed by a file containing objective and documented data providing valid 
grounds for initiation of the investigation shall be admissible.  
 
(4) The investigations provided for in this article shall be subject to the terms and conditions laid 
down in this Decre e relating to the initial investigation. However, the duration of the circumvention 
investigation shall be a maximum of nine (9) months from the date of publication of the notice of its 
initiation.  
 
ARTICLE 92  
 
The application for the initiation of an inve stigation in order to determine the existence of 
circumvention must be submitted to the Minister responsible for foreign trade, together with 
objective and documented data that demonstrate:  
 
(a)  the appearance of changes in the pattern of trade in the pro duct subject to the anti -
dumping duty between the exporting country concerned and Cameroon or between third 
countries and Cameroon;  
(b)  that the changes in the pattern of trade are the result, as applicable, of one of the 
practices referred to in Article 88(a), (b), (c) and (d) above;  
(c)  that there are no economic justifications for such practices other than circumvention of 
the anti -dumping duty; and  
(d)  that the changes in the pattern of trade occurred after the application of the anti -
dumping duty or  after the initiation of the investigation that gave rise to the anti -
dumping duty in force.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  CHAPTER VI  
 
SAFEGUARD MEASURES  
SECTION I  
DETERMINATION OF A MASSIVE INCREASE IN IMPORTS,  
SERIOUS INJURY AND THREAT OF SERIOUS INJURY  
ARTICLE 93  
 
Any imported product entered for domestic consumption may be made subject, following an 
investigation, to a safeguard measure if it is determined that there has been a massive increase in 
imports of the product in question, either in absolute terms or relative  to domestic production, and 
under such conditions that the increase in question causes or threatens to cause serious injury to 
the domestic industry for products alike to or directly competitive with the product under 
consideration.  
 
ARTICLE 94   
 
(1) In order to determine whether a massive increase in imports has caused or threatens to cause 
serious injury to the domestic industry, the authority responsible for the investigation shall evaluate, 
over a minimum period of three (3) successive years immediatel y preceding the launch of the 
investigation, all relevant factors of an objective and quantifiable nature that have a bearing on the 
situation of that industry, and in particular  
 
- the rate and amount of the increase in imports of the product concerned, in absolute terms 
and in comparison to domestic production of the like or competitive product;  
- the share of the domestic market taken by increased imports;  
- changes in the level of sales, production, productivity, utilization of production capacity, profits 
and losses, and employment..  
 
(2) Where factors other than a massive increase in imports cause or threaten to cause serious injury 
to the domestic industry at the same time as the above -mentioned increase, the injury caused by 
those other factors shall not b e attributed to the massive increase in the imports concerned.  
 
(3) For the purpose of determining a threat of serious injury, the investigation to establish the facts 
must be based on events that, although they have not yet occurred, must be clearly fores een and 
imminent. Accordingly, the authority responsible for the investigation shall consider, in addition to 
the factors mentioned in Article 95(1) below, the following factors:  
 
a) a significant rate of increase in imports of the product under consideration on the 
domestic market, indicating the likelihood of substantially increased importation;  
b) the likely increase in demand for imports of the product under consideration to the 
detriment of the like or competitive domestic product;  
c) the exi stence of sufficient freely disposable production capacity of the exporter, or an 
imminent and substantial increase in the exporter's capacity, indicating the likelihood 
of a substantial increase in exports of the product under consideration to Cameroon, 
taking into account the availability of other export markets to absorb any additional 
exports;  
d) inventories of the product under consideration available to foreign exporters.  
 
ARTICLE 95   
 
In order to determine whether factors other than a massive increas e in imports are the cause of 
serious injury to the domestic  industry at the same time as the aforementioned increase in imports, 
the following factors shall be taken into account:  
 
a) contraction in demand or changes in the patterns of consumption;  
b) trends in domestic prices and production costs of the like or directly competitive 
domestic product;  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  c) competition between foreign and domestic producers and between the domestic 
producers themselves;  
d) technological developments;  
e) export performance of t he domestic industry;  
f) developments affecting the productivity of the domestic industry;  
g) any other factors that may be indicated by an interested party, in the course of the 
investigation, as being the cause of injury or threat of injury.  
SECTION II  
PROCEDURES FOR THE IMPLEMENTATION OF SAFEGUARD MEASURES  
ARTICLE 96  
 
(1) In order to determine the existence of a massive increase in imports of a product, serious injury 
or a threat of serious injury and a causal link between such massive increase in imports of the 
product under consideration and the serious injury or threat of serious injury, the authority 
responsible for the investigation shall conduct it on the basis of a written application submitted by 
or on behalf of the domestic industry and add ressed to the Minister responsible for foreign trade.  
 
(2) The application shall be accompanied by objective and documented data in support of the claims 
of a massive increase in imports of the product under consideration, the serious injury caused or the 
threat of serious injury to the domestic industry for the product like or directly competing with the 
product under consideration, and the causal link between that massive increase in imports and the 
injury or threat of injury concerned.  
 
ARTICLE 97   
 
(1) The investigation referred to in Article 96 shall contain the following information : 
 
a) identification of the applicant producers, with an indication of their names, business 
names, domiciles and full addresses;  
b) a detailed description of the like or di rectly competitive product of the applicant 
producers;  
c) a description of the volume and value of the production of the like or directly competitive 
product carried out by the applicant producers;  
d) a description of the volume and value of total domestic  production of the like or directly 
competitive product;  
e) where the application is made on behalf of the domestic industry, it must identify the 
domestic industry concerned and, to the extent practicable, a list of all domestic 
producers of the like or d irectly competitive product or of their associations or 
professional groups that are known to the applicant and a description of the volume and 
value of domestic production of the product accounted for by such producers or such 
associations or professional  groups;  
f) a detailed description of the product under consideration and a list of importers of the 
product that are known to the applicant;  
g) data indicating the existence of a massive increase in imports;  
h) information on the unforeseen circumstances  responsible for increased imports;  
i) a description of the serious injury caused or the threat of serious injury to the domestic 
industry and the causal link between such injury or threat of serious injury and imports 
of the product under consideration.  
 
(2) In addition to the information in subparagraph 1 above, the application must bear the signatures 
of the producers supporting it or those acting on their behalf, attesting to their commitment and 
their accountability vis-à-vis the procedure and the info rmation supplied.  
 
(3) When the application addressed to the Minister responsible for foreign trade contains confidential 
information, it must have a non -confidential summary of that information.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 98  
 
(1) The application shall be considered to be submitted by or on behalf of a domestic industry when 
it is supported by domestic producers whose collective output constitutes a major proportion of total 
domestic production of the product like or directly competing with the product under consideration.  
 
(2) The domestic industry referred to subparagraph 1 above represents all Cameroonian producers 
of the product like or directly competing with the product under consideration, or those of them 
whose collective output of the product like or directly compet ing with the product under consideration 
constitutes a major proportion of the total domestic production of that product.  
 
ARTICLE 99  
 
(1) Only applications meeting the conditions established in Articles 97 and 98 above shall be 
admissible. The  applicant shall be notified of the acceptance or in admissibility of the application 
within a period of fifteen (15) days from the date of receipt of the application. Any notification of 
inadmissibility of the application shall specify the grounds therefor.  
 
(2) The  Minister responsible for foreign trade shall, in view of the information contained in that 
application, initiate an investigation within thirty (30) days from the date of receipt of the application.  
 
(3) A notice of initiation of the investigation, indica ting inter alia  the identity of the applicant or 
applicants, the product under consideration, the date of initiation of the investigation and the reasons 
for its initiation, shall be published by the Minister responsible for foreign trade in a national 
newspaper authorized to receive legal notices.  
 
ARTICLE 100  
 
(1) The notice of initiation of an investigation, referred to in Article 99 above, shall contain the 
following information:  
 
a) identification of the applicant domestic industry;  
b) full descriptio n of the product under consideration, including its technical characteristics 
and uses, as well as its tariff heading;  
c) date of initiation of the investigation;  
d) the basis of the allegation of a massive increase in imports;  
e) summary of the factors on  which the allegation of serious injury or threat of serious 
injury to the domestic industry and of a causal link is based;  
f) the address to which information and comments may be submitted by the interested 
parties;  
g) the period of time allowed to the in terested parties to make themselves known and 
submit their views in writing.  
 
(2) Any interested persons shall have a period of thirty (30) days from the date of publication of 
the notice of initiation of the investigation to make themselves known as inter ested parties and to 
make comments concerning the investigation.  
 
ARTICLE 101  
 
Upon initiation of the investigation, the Minister responsible for foreign trade may subject imports 
of the product under consideration to monitoring involving, inter alia , the prior declaration of the 
quantities and values of the intended imports.  
 
ARTICL E 102  
 
(1) Upon initiation of the investigation, the authority responsible for the investigation, either directly 
or through diplomatic missions, shall transmit questionnaires for the collection of information 
necessary to the investigation to all interes ted parties, domestic or foreign.  
 
(2) The parties concerned shall have a period of thirty (30) days from the date of issue of the 
questionnaire to respond thereto. This period shall be increased by fifteen (15) extra days for 
exporters and producers domic iled abroad. In addition, at the request of the interested parties, the G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  above -mentioned period of thirty (30) days may be extended by a further period not exceeding 
twenty -one (21) days, once only, if the circumstances so require.  
 
(3) Apart from replies t o the questionnaires, the interested parties may submit in writing any opinion 
or comment that they deem useful to the investigation.  
 
ARTICLE 103  
 
(1) Following receipt of replies to the questionnaires, the authority responsible for the investigation 
shall undertake an evaluation of the information provided and may reach a preliminary determination 
that a massive increase in imports caused or threatened to cause serious injury to the domestic 
industry for the product like or directly competing with the pr oduct under consideration. In this case, 
the Minister responsible for foreign trade may propose that the Minister responsible for finance 
impose a preliminary safeguard measure on imports of the said product, after receiving the opinion 
of the authority re sponsible for the investigation.  
 
(2) In the absence of replies to the questionnaires, the preliminary evaluation shall be made on the 
basis of the information available.  
 
(3) However, in the event that any delay in the adoption of measures could cause dam age difficult 
to repair, the Minister responsible for foreign trade may propose that the Minister responsible for 
finance impose a provisional safeguard measure, after receiving the opinion of the authority 
responsible for the investigation, without awaiti ng receipt of replies to the questionnaires, if it has 
sufficient evidence that the massive increase in imports of the product under consideration has 
caused or threatens to cause serious injury to the domestic industry for the product like or directly 
competing with the product concerned.  
 
ARTICLE 104  
 
Any provisional safeguard measure shall be published in the Official Journal and in a national 
newspaper authorized to receive legal notices. This shall include an indication of the duration of its 
applicat ion, which may not exceed two  hundred (200) days.  
 
ARTICLE 105  
 
The public notice concerning the imposition of a provisional safeguard measure shall indicate the 
existence of a report setting forth the findings and reasoned conclusions on the following po ints: 
 
a) description of the product under consideration;  
b) preliminary finding of a massive increase in imports of the product under consideration;  
c) preliminary finding of serious injury or threat of serious injury to the domestic industry;  
d) preliminary finding of a causal link between the massive increase in imports and the 
serious injury or threat of serious injury;  
e) duration of application of the additional provisional duty;  
f) rate of the additional provisional duty;  
g) reasons for the i mposition of the provisional measure.  
 
ARTICLE 106  
 
Any investigation shall be completed within nine (9) months from the date of its initiation. However, 
this period may be extended to twelve (12) months, in the light of the complexity of the case 
concern ed or difficulties in obtaining the information necessary for the investigation.  
 
ARTICLE 107  
 
(1) When the investigation has been concluded, the authority responsible for the investigation shall 
undertake a final evaluation of all the information collect ed, taking account of the results of the 
verifications carried out. In this case, the Minister responsible for foreign trade may propose that 
the Minister responsible for finance impose a definitive safeguard measure, after receiving the 
opinion of  the authority responsible for the investigation.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (2) In the event of non -cooperation in the investigation on the part of the interested parties, the 
evaluation shall be made on the basis of the information available.  
 
ARTICLE 108  
 
A public notice justifying the imposition of a definitive safeguard measure must be published in the 
Official Journal and in a national newspaper authorized to receive legal notices. It shall indicate the 
existence of a report setting forth the findings and reasoned concl usions on the following points:  
 
a) description of the product under consideration;  
b) definitive finding of a massive increase in imports of the product under consideration;  
c) definitive finding of serious injury or threat of serious injury to the domestic industry;  
d) definitive finding of a causal link between the massive increase in imports of the product 
under consideration and the serious injury or threat of serious injury;  
e) description of the definitive safeguard measure planned;  
f) duration  of application of the measure and the timetable established for 
its liberalization;  
g) reasons for the adoption of the definitive safeguard measure.  
 
ARTICLE 109  
 
(1) The definitive safeguard measure may be applied only during the period necessary to pre vent or 
remedy the serious injury and to facilitate adjustment of the domestic industry for the product like 
or directly competing with the product under consideration, which period may not exceed four (4) 
years, except in the case of an extension when it is established that the serious injury has not been 
remedied or that the adjustments to the domestic industry have not been completed.  
 
(2) The overall period of application of a safeguard measure, comprising the period of application of 
the provisional me asure, the initial period of application of the definitive measure and any extension 
thereof, may not exceed ten (10) years.  
 
(3) The definitive safeguard measure shall be gradually phased out at regular intervals over the 
course of the period of its appli cation.  
 
ARTICLE 110  
 
(1) The investigation must be terminated without any safeguard measure being applied in the 
following cases:  
 
a) where the evaluation provided for in Article 94 of this Decree has not resulted in the 
determination of a massive increa se in imports or injury or threat of serious injury or 
causal link;  
b)  where the domestic industry that submitted the application withdraws the latter in the 
manner prescribed in Article 98 of this Decree.  
 
(2) Publication of a notice of termination of th e investigation, without any measure being applied, 
shall be effected by the Minister responsible for foreign trade in a national newspaper authorized to 
receive legal notices.  
 
(3) The notice of termination of the investigation without any measure being applied shall contain 
the following information:  
 
a) identification of the applicant producers;  
b) description of the product under consideration;  
c) date of initiation of the investigation;  
d) considerations and reasons that gave rise to the decisio n to initiate the investigation;  
e) considerations and reasons that gave rise to the decision to terminate the investigation;  
f) date of termination of the investigation.  
 G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 111  
 
(1) The application of a provisional or definitive safeguard measure m ay be suspended for a specified 
period on the basis of the opinion of the authority responsible for the investigation. Notice of such 
suspension shall be published in the Official Journal and in a national newspaper authorized to 
receive legal notices.  
 
(2) The published notice of suspension of a safeguard measure shall contain the following 
information:  
 
a) description of the product under consideration;  
b) duration of application of the provisional or definitive safeguard measure;  
c) duration of suspensio n of application of the measure;  
d) considerations and reasons that gave rise to the suspension of the safeguard  measure.  
 
ARTICLE 112  
 
(1) Any provisional or definitive safeguard measure may be applied in the form of an additional 
ad valorem  or specific duty, collected in addition to the duties and taxes applicable to imports of the 
product under consideration, assessed and collected as in the manner of an ordinary customs  duty. 
 
(2) The definitive safeguard measure may also take the form of a quantitativ e import restriction. 
Such a restriction shall be applied by making imports of the product concerned subject to an import 
licence.  
 
(3) The additional duty shall be collected in the form of a deposit when the safeguard measure is a 
provisional one.  
 
(4) The additional duty applied under a provisional or definitive safeguard measure may not be set 
at a level higher than is necessary to prevent or remedy serious injury.  
 
ARTICLE 113  
 
A quantitative import restriction applied pursuant to a definitive safegu ard measure must not reduce 
the quantities imported below the average level of imports of the product concerned over the last 
three (3) years preceding the finding of a massive increase in imports of that product.  
 
ARTICLE 114  
 
(1) When the definitive add itional duty is higher than the provisional additional duty, the amounts 
of the provisional duty shall be definitively collected, as well as the  difference between the definitive 
additional duty and the provisional additional duty  
 
(2) When the definitive additional duty is less than the provisional additional duty, the difference 
between the provisional additional duty and the definitive additional duty shall be refunded in the 
form of credits.  
 
(3) When it is determined, at the close of the investigation,  that the conditions for the application of 
a definitive safeguard measure have not been met and a provisional safeguard measure has been 
applied, the deposit lodged pursuant to the provisional measure concerned shall be refunded in the 
form of credits.  
 
ARTICLE 115  
 
(1) Any provisional or definitive safeguard measure on imports of the product under consideration 
shall be applied without any discrimination, regardless of the source of those imports.  
 
(2) However, no safeguard measure shall be applied on im ports of the product concerned originating 
from developing countries which individually account for not more than three (3)  % of total imports 
of the product concerned, and provided that the collective share of such developing countries does 
not exceed nin e (9) % of total imports of the said product.  
 G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 116  
 
(1) When the provisional or definitive safeguard measure takes the form of an additional duty, the 
duty shall be established by act of the Minister responsible for finance, upon the proposal of t he 
Minister responsible for foreign trade.  
 
(2) When the safeguard measure takes the form of a quantitative import restriction, the import 
licence specific to the safeguard measure shall be applied by joint order of the Minister responsible 
for foreign tra de and the Minister responsible for finance  
 
(3) Import licences specific to safeguard measures shall be issued by the Minister responsible for 
foreign trade.  
 
(4) The issuance of import licences specific to safeguard measures shall take place under the same 
conditions as authorizations of imports provided for in this Decree.  
SECTION III  
REVIEW OF SAFEGUARD MEASURES  
ARTICLE 117  
(1) Where the period of application of a safeguard measure exceeds three (3) years, the Minister 
responsible for foreign trad e shall act ex officio as the authority responsible for the investigation, 
as from the second year of application of the measure, in order to conduct a review thereof based 
on an investigation conducted under the conditions provided for in this decree.  
(2) Following that review, with notice from the authority responsible for the investigation, the 
Minister responsible for foreign trade may propose that the Minister responsible for finance maintain 
the measure as it stands, eliminate it or speed up its disma ntlement.  
(3) Any such review may not, in any case, lead to a strengthening of the safeguard measure in force.  
ARTICLE 118  
(1) The period of application of a definitive safeguard measure may be extended upon application 
made in writing by or on behalf of t he domestic industry, under the same conditions as those 
prescribed for the initial application. The safeguard measure shall be extended when it is 
determined, after an investigation : 
- that the safeguard measure continues to be necessary to remedy or preven t serious injury;  
- that there is evidence demonstrating that the domestic industry on behalf of which the 
safeguard measure was adopted is making adjustments and improving its  competitiveness.  
(2) The application for extension must be addressed to the Minis ter responsible for foreign trade six 
(6) months at the latest before the date of expiry of the safeguard measure concerned. It shall be 
accompanied by evidence to show that the safeguard measure continues to be necessary to remedy 
or prevent serious injur y caused to the said domestic industry and that the industry concerned is 
undertaking adjustments and improving its competitiveness.  
(3) At the conclusion of the review investigation, with notice from the authority responsible for the 
investigation, the p eriod of application of the safeguard measure may be extended by a maximum 
of ten (10) years from the date when the initial safeguard measure came into effect, by act of the 
Minister responsible for finance, on the proposal of the Minister responsible for foreign trade.  
(4) The extension of the safeguard measure shall be published in the Official Journal and in a national 
newspaper authorized to receive legal notices.  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  ARTICLE 119  
(1) A new safeguard measure may be imposed against an imported product which h as already been 
subject to such a measure only after the expiry of a period corresponding to half the period for which 
the previous measure had been applied, and provided that the safeguard measure in question 
expired at least two (2) years earlier.  
(2) Ho wever, a new safeguard measure of a maximum duration of one  hundred and eighty (180) 
days may be applied to imports of a product if:  
- at least one (1) year has elapsed since the date of implementation of a safeguard measure 
affecting the importation of the product concerned;  
- any such safeguard measure has not been applied to the said product more than twice during 
the period of five (5) years immediately preceding the date of implementation of the 
measure.  
SECTION IV  
SPECIAL PROVISIONS APPLICABLE TO PREFEREN TIAL SAFEGUARD MEASURES  
ARTICLE 120  
(1) The Minister responsible for foreign trade may propose that the Minister responsible for finance 
apply a preferential safeguard measure when, as a consequence of the total or partial abolition of a 
customs duty under  a preferential agreement concluded with a country or group of countries, it is 
found that the increase in the quantities of a product originating in the country or countries 
concerned, absolute or relative to domestic production, and under such conditions  as to cause or 
threaten to cause serious injury to a domestic industry for the product alike to directly competitive 
with the imported product.  
(2) Such a preferential safeguard measure shall be applied in the form of an ad valorem  or specific 
duty collec ted in addition to the preferential customs duty as long as its amount in combination with 
the preferential customs duty does not exceed the rate of the non -preferential customs duty applied 
to third countries.  
ARTICLE 121  
The preferential safeguard measures shall be implemented in accordance with the rules and 
procedures prescribed for that purpose by the preferential agreement concerned. If the agreement 
concerned does not contain such rules and procedures, the legislative and regulatory p rovisions in 
force shall apply.  
CHAPTER VII  
PROVISIONS COMMON TO ANTI -DUMPING, COUNTERVAILING AND SAFEGUARD INVESTIGATIONS  
SECTION I  
VERIFICATION OF INFORMATION  
ARTICLE 122  
(1) For the purpose of verification of data supplied in the course of investigation , the officials of the 
authority responsible for the investigation, may carry out on -the-spot verification visits to the 
production premises or administrative offices of domestic producers, importers and exporters or 
foreign producers, in order to verify w hether the data in question are consistent with the accounting 
records and documents, and whether the manufacturing process established corresponds to the 
descriptions relating to the project under  investigation.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (2) The officials of the authority responsible for the investigation  may request the enterprise 
concerned to provide any type of information, data, and accounting documents and may request 
other details on the spot in the light of the  information obtained. In addition, they may request 
third persons that have maintained business relations with the enterprise concerned, including 
suppliers, buyers and agents, to provide information and data enabling them to establish the 
veracity of the information supplied by the enterprise under  investigati on. 
ARTICLE 123  
(1) When the authority responsible for the investigation plans to undertake the verification visit 
referred to in Article 122 above, the Minister responsible for foreign trade shall:  
a) provide sufficient the enterprise concerned with written notice of the intention to carry 
out a verification visit within thirty (30) days,  
b) notify the authorities of the exporting country or the foreign producer of the visit in 
question, unless that country objects and after obtaining the agreement of the export ers 
or foreign producers;  
c) notify the authorities of the exporting country of the names and addresses of the 
enterprises to be visited, as well as the dates agreed;  
d) notify the enterprise concerned of the programme for the verification visit, the nature 
of the information, the documents to be verified and any other information to be 
supplied fifteen (15) days before the proposed date of the visit.  
(2) Following conclusion of the verification visit, the authority responsible for the investigation shall 
draw up  a report indicating all the information verified and the facts ascertained by its officials, as 
well as the legal consequences of those facts for the enterprise visited.  
(3) The verification report shall be made available to the enterprise visited, within  a period of thirty 
(30) days from the date of completion of the verification visit. The enterprise concerned shall have 
fifteen (15) days to make known to the Minister responsible for foreign trade its comments and 
objections concerning the report. In the  absence of a reply, the facts recorded in the verification 
report shall be deemed to have been recognized and the definitive version of the report shall be 
communicated to the enterprise concerned. In such cases, the authority responsible for the 
investig ation shall produce a non -confidential version of the report that shall be made available, on 
request, to other interested parties.  
ARTICLE 124  
The authority responsible for the investigation shall consider that there has been a failure to 
cooperate, givin g rise to the file being treated accordingly, when an importer, a domestic producer, 
an exporter or a foreign producer:  
- refuses to receive a verification visit from the authority responsible for the investigation;  
- refuses access to accounting records or ot her documents supporting the information 
provided in the course of the investigation;  
- fails to provide the information requested during the verification;  
- fails to provide explanations concerning the calculations contained in its communications or 
acts in s uch a way as to impede the conduct of the verifications.  
ARTICLE 125  
(1) When it is envisaged to include a third person in the team of officials of the authority responsible 
for the investigation appointed to carry out the verification visit, the enterpris es concerned and the 
authority of the exporting country shall be so informed. The third person in question shall be required 
to respect the confidentiality of the information provided, subject to penalties provided for in the 
regulations in force.  
(2) The third person, in accordance with subparagraph (1) above, shall be required to complete a 
declaration of interest addressed to the authority responsible for the investigation, providing specific 
information about his or her past or present professio nal activities, in particular, with the aim of 
avoiding any conflict of interest with the enterprise visited.  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  SECTION II  
PUBLIC HEARINGS  
ARTICLE 126  
(1) Requests for the organization of public hearings must be submitted in writing to the Minister 
responsi ble for foreign trade. Such requests may be submitted by complainant producers, importers, 
exporters or representatives of the exporting country which have made themselves known under 
the conditions established in this Decree.  
(2) Any party requesting the organization of a public hearing is required to submit in writing to the 
Minister responsible for foreign trade the points that it wishes to be included in the agenda of the 
public hearing.  
(3) The Minister responsible for foreign trade may extend or restr ict the scope of the subjects to be 
dealt with at the public hearing and organize the hearing in the manner it deems relevant and useful 
for the investigation.  
ARTICLE 127  
(1) After referring to the authority responsible for the investigation for the purpo ses of organising 
the public hearing, the Minister responsible for foreign trade shall communicate the final agenda to 
the interested parties that have made themselves known and that have been invited to the public 
hearing ten (10) days before the date of the meeting  
(2) No interested party shall be required to attend a hearing and the absence of a party shall not be 
prejudicial to its case.  
(3) Parties other than those that have made themselves known as interested parties may, on 
request, participate in th e public hearing as observers.  
(4) If, in the course of the public hearing, a party wishes to make comments containing confidential 
information, it may ask to submit them in private and the authority responsible for the investigation 
may grant such treatme nt if it is justified. In such cases, it shall take into account the need to 
safeguard the confidential nature of the information provided.  
(5) All information submitted during the public hearing must be transcribed and communicated to 
the Minister respons ible for foreign trade together with a non -confidential version, within a period 
of fifteen (15) days from the date of the hearing.  
(6) Public hearings shall be presided over by the Chair or Vice -Chair of the authority responsible for 
the investigation and , by default, by the Coordinator of the Permanent Secretariat, and shall be 
placed on the record, in accordance with the provisions of Article 33 of Law No. 2016/004 of 18 April 
2016, as mentioned above.  
SECTION III  
OTHER COMMON PROVISIONS  
ARTICLE 128  
(1) Upon notification of the admissibility of an application regarding dumping, subsidies or 
safeguards, the Minister responsible for foreign trade shall establish, by decision, a surveillance 
measure on imports of the product forming the subject of the applic ation, by virtue of which 
importers of the product in question shall be obliged to declare to the said authority any relevant 
import operation.  
(2) To that end, the importers in question shall be required, prior to effecting such import operations, 
to file  an import undertaking, drawn up in accordance with the regulations in force, with the body 
responsible for foreign trade, for advance approval.  G/ADP/N/1/CMR/2/Suppl.1 • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  (3) The pro forma  invoice accompanying the import undertaking must contain a clear and distinct 
statement of th e volume, value and price per unit of the product under consideration.  
(4) The Minister responsible for foreign trade shall have a period of fifteen (15) days from the date 
of filing of the import undertaking to grant its approval.  
ARTICLE 129  
(1) Authorit y to conduct anti -dumping, countervailing and safeguard investigations shall be vested 
in the officials of the Anti -dumping and Subsidies Committee appointed for that purpose on the basis 
of their competence and their experience in the relevant fields.  
(2) The officials referred to in subparagraph 1 above shall be responsible for:  
a) processing the applications and the requests for the review of measures taken in the 
area of trade defence;  
b) undertaking any on -the-spot documentary verification of information pr ovided in the 
investigation, in relation to the interested parties, and performing the necessary 
cross-checks;  
c) initiating investigations outside Cameroonian territory, in agreement with the exporters 
or producers of the country of export and the authorities of the countries concerned by 
the product under investigation;  
d) any other task entrusted to them by the authority responsible for the investigation.  
(3) The officials involved:  
- may, for the purposes of the investigation, have access to all usefu l information relating to 
the subject -matter of the investigation that is held by the parties concerned and by any 
organization or other entity;  
- shall be bound by professional secrecy, in accordance with the legislation in force;  
- must maintain, In the exe rcise of their duties, strict impartiality and integrity;  
- shall take an oath before assuming their duties, in line with the procedure enshrined in the 
law governing business activities in Cameroon;  
- shall enjoy, in the exercise of their duties, all protecti ons provided for by the laws and 
regulations in force.  
(4) The documents collected in the course of the investigations and those produced by the 
administration at the conclusion of those investigations shall be archived and preserved in 
accordance with the  legislation in force.  
CHAPTER VIII  
MISCELLANEOUS AND FINAL PROVISIONS  
ARTICLE 130  
The offences in this Decree shall be established and punished in accordance with the provisions of 
Law No. 2016/004 of 18 April 2016, as mentioned above.  
ARTICLE 131  
(1) Pro ceeds from fines and transactions, fees for enrolment in importer and exporter registers, fees 
for the issuance of special permissions and fees for the submission of import declarations provided 
for in Law No. 2016/004 of 18 April 2016, as mentioned above,  or in this Decree, shall be distributed 
as follows:  
- 40% for the Treasury;  
- 25% for the Anti -Dumping and Subsidies Committee;  
- 10% for the Single Window for Foreign Trade Operations;  G/ADP/N/1/CMR/2/Suppl.1  • G/SCM/N/1/CMR/ 2/Suppl. 1 • G/SG/N/1/CMR/2/Suppl.1  
 
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  - 10% for the Chamber of Commerce, Industry, Mines and Crafts;  
- 10% redistribu ted to officials of the Ministry responsible for foreign trade as recovery support 
fees; 
- 5% for the National Foreign Trade Council.  
(2) Collection and repayment procedures shall be established by a joint order published by the 
Ministers respectively respon sible for foreign trade and finance.  
ARTICLE 132  
Texts from the Minister responsible for foreign trade shall specify, where necessary, the rules for the 
application of this Decree.  
ARTICLE 133  
This Decree rescinds all earlier incompatible provisions, particularly those of Decree 
No. 2005/1362/PM of 6 May 2005 establishing the composition of the Anti -Dumping and Subsidies 
Committee and its operating and referral procedures.  
 
ARTICLE 134  
This Decree shall be registered and published as a matt er of urgency, and included in the Official 
Journal in French and English.  
 
Yaoundé, 7 June 2017  
PRIME MINISTER  
HEAD OF GOVERNMENT,  
 
Philemon YANG  
 
 
__________