G/ADP/Q1/CMR/1  
G/SCM/Q1/CMR/1  
G/SG/Q1/CMR/1  
 
21 August 2013  
(13-4473)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards
 Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATION OF CAMEROON1 
The following communication, dated 15 August 2013, is being circulated at the request of the 
Delegation of the United States.  
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The United States thanks Cameroon for its notification of Law No. 98/102 of 14 July 1998 on 
Dumping and the Marketing of Subsidized Imported Products  (hereinafter "1998 Law") and poses 
the following questions:  
General
2 
 1. In case of an inconsistency between the 1998 Law and the World Trade Organization 
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 
(hereinafter the "WTO AD Agreement"), the Worl d Trade Organization Agreement on Subsidies and 
Countervailing Measures (hereinafter "WTO SCM Agreement") and the World Trade Organization 
Agreement on Safeguards (hereinafter "WTO SG Agreement") which will hold precedence in 
Cameroon's antidumping, countervailing duty and safeguard investigations, respectively?  2. Article 1 of the 1998 Law states "This law regulates dumping and establishes rules for the 
marketing of subsidized imported products, incr eased quantities of which are likely to cause 
serious injury to the domestic industry that produces like or directly competitive products". Please clarify how these provisions are consistent with Articles 3.5 and 3.7 of the WTO AD Agreement 
which require that imports cause "injury" (Article 3.5) or "threat of material injury" (Article 3.7) in 
the course of an antidumping investigation, and Article 5 of the WTO SCM Agreement which refers 
to "injury" to the domestic industry. 
 
3. Articles 8(2), 11(2), and 15(2) of the 1998 Law state that modalities for conducting an anti-dumping, subsidies and safeguard investigation, respectively, shall be established by regulation. Similarly, Article 22(1) states that composition and referral, and operating modalities for the Anti-
Dumping and Subsidies Committee shall be establis hed by regulation. When does Cameroon plan 
to establish such regulations?   
4. Could Cameroon please explain where any relevant notices with regards to anti-dumping, 
subsidy and safeguard investigations would be published? Is there a specific government gazette or other publication (e.g. Offici al Journal) for such notices? 
 
5. Will an administering authority establish proc edures for the safeguard of information that 
is submitted by interested parties during the course of antidumping, subsidies or safeguard 
                                               
1 G/ADP/N/1/CMR/1–G/SCM/N/1/CMR/1–G/SG/N/1/CMR/1 (dated 4 July 2013). 
2 For the sake of efficiency, the Un ited States suggests that committ ee review for "General" questions 
be conducted in the Committee on Anti-Dumping Practices. G/ADP/Q1/CMR/1 • G/SCM/Q1/CMR/1 • G/SG/Q1/CMR/1 
 
- 2 - 
 
  investigation which is confidential in nature or provided on a confidential basis by interested 
parties, upon good cause shown?  6. Please clarify the process by which interested parties may request administrative or judicial 
review in order to appeal determinations made by the Anti-Dumping and Subsidies Committee, as 
well as decisions made by the minister.  
Anti-Dumping 
 7. Article 4 of the 1998 law states that in the absence of trade in the exporting country, the 
normal value may be based on, among other things, "the highest comparable price for this product 
or a like product for export to any third country in the ordinary course of trade" (emphasis added). 
In contrast, Article 2.2 of the WTO AD Agreement states that "when there are no sales of the like product in the ordinary course of trade in the domestic market of the exporting country . . . the 
margin of dumping shall be determined by comparison with a comparable price of the like product 
when exported to an appropriate third country, prov ided that this price is representative, or with 
the cost of production in the country of origin plus a reasonable amount for administrative, selling 
and general costs and for profit." Please explain how this differing comparison methodology is 
consistent with Article 2.2 of the WTO AD Agreement.  8. Please confirm that an administering author ity will provide a copy of the non-confidential 
application for investigation to the governments affected by the investigation whether or not such 
parties are officially registered as interested parties, consistent with Article 5.5 of the WTO AD Agreement. 
 
9. Given the specific factors in Article 3 of the WTO AD Agreement concerning injury 
determinations, please explain in greater detail what an administering authority will examine in 
determining whether dumped imports are causing or threatening to cause material injury to the 
domestic industry. How will an administering authority gather the necessary evidence from interested parties? Will such information be available to interested parties before any relevant findings are made? How will this information be released to interested parties?  
 
10. Article 6(1) of the 1998 Law states that the "minister responsible for pricing" may introduce an anti-dumping duty once an injury determination has been made. Could Cameroon please 
identify the ministry that has responsibility over  dumping issues? Are there factors outside of those 
identified in the injury determination that the minister would consider before imposing an anti-dumping duty? If so, what would those factors be? Does the minister have the ability to change 
the amount of antidumping duty recommended by  the Anti-Dumping and Subsidies Committee? 
 Safeguards 
 
11. Could Cameroon please provide an example ti meline of a typical safeguards investigation? 
Specifically, could Cameroon inform  members as to the following: 
 
- Timeframe for evaluating  receipt of a petition; 
- Timeframe for providing comments with regard to the notice of initiation; 
- Timeframe after initiation by which interested parties must make themselves known; 
- Timeframe for the submission  of requested evidence by the administering authority; 
- Timeframe after initiation by which the administering authority must make a 
determination regarding provisional measures; and 
- Timeframe after initiation by which the administering authority must make a final 
determination. 
- When, during the course of a safeguard investigation, hearings would be held for 
interested parties to put forth their arguments orally. 
 
12.  Could Cameroon please explain the process under which a safeguards investigation might be initiated? For example, will it be on the basis of a petition filed by an industry, on the basis of a 
finding made by a government offi cial, or on some other basis? 
  
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