G/ADP/N/1/CMR/1/Suppl.1  
G/SCM/N/1/CMR/1/Suppl.1  
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27 May 2014  
(14-3023)  Page: 1/8  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: French  
 
  NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
CAMEROON  
Supplement 
The following communication, dated 14 April 2014, is being circulated at the request 
of the delegation of Cameroon.  
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 G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  REPUBLIC OF CAMEROON PAIX - TRAVAIL - PATRIE 
2005/1362 DECREE No.  /PM DU 06 MAY 2005 
establishing the composition of the Anti-Dumping 
and Subsidies Committee and its operating and 
referral procedures. 
THE PRIME MINISTER AND HEAD OF GOVERNMENT, 
HAVING REGARD TO the Constitution; 
HAVING REGARD TO Law No. 98/012 of 14 July 1998 on dumping and the marketing 
of subsidized imported products, in particular Article 22 thereof; 
HAVING REGARD TO Law No. 2002/004 of 19 April 2002 on the Republic of Cameroon's 
Investment Charter, as amended by Law No. 2004/020 of 22 July 2004; 
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. 2004/266 of 22 September 2004 on the organization and 
operation of the Regulation and Competition Council; 
HAVING REGARD TO Decree No. 2004/320 of 8 December 2004 on the structure of the 
Government; 
HAVING REGARD TO Decree No. 2004/321 of 8 Dece mber 2004 appointing the Prime Minister; 
HAVING REGARD TO Decree No. 2004/322 of 8 December 2004 forming the Government; 
HAVING REGARD TO the opinion of the Regulation and Competition Council issued at its session 
of 20 April 2005, 
HEREBY DECREES: 
CHAPTER I 
GENERAL PROVISIONS 
ARTICLE 1.- This decree establishes the composition of the Anti-Dumping and Subsidies 
Committee (hereinafter "the Committee") and its operating and referral procedure. ARTICLE 2.- The Committee is an advisory body responsible for issuing opinions on dumping 
practices and on matters referred to it in relation to subsidies or imports that cause or threaten 
to cause serious injury to a domestic injury. 
CHAPTER II 
COMPOSITION OF THE COMMITTEE 
ARTICLE 3.- (1) The Committee shall be composed as follows: 
Chairperson: The Minister in charge of prices or his/her representative; 
Members: 
- two (2) representatives of the Ministry in charge of prices; 
- one (1) representative of the Mi nistry in charge of Customs; 
- one (1) representative of the Ministry in charge of small and medium enterprises; - one (1) representative of the Ministry in charge of industry; G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  - one (1) representative of the Ministry in charge of justice; 
- one (1) representative of the Minist ry in charge of foreign relations; 
- one (1) representative of the Mini stry in charge of agriculture; 
- one (1) representative of the Ministry in charge of livestock, fisheries 
and animal industries; 
- one (1) representative of the Chamber of Commerce, Industry, Mines and Crafts; 
- one (1) representative of the Chamber of Agriculture, Livestock and Fisheries; 
- one (1) representative of the Cameroon Employers' Group; 
- one (1) representative of the Union of Cameroon Industrialists; - one (1) representative of the Cameroon Import and Export of Traders' Union; - one (1) representative of th e Associations for the Protec tion of Consumers' Rights; 
- one (1) representative of the Competitiveness Committee. 
 (2) Depending on the specificity of the problems referred to the Chairperson 
of the Committee, he/she may call on any natural or legal person, in view of their competence, 
to assist with the work of the Committee in an advisory capacity. 
 (3) The Members of the Committee shall be appointed by the departments and 
entities to which they belong. 
 (4) The composition of the Committee shall be established by an order of the 
Minister in charge of prices. 
 (5) A secretariat under the responsibility of a senior official appointed by the 
Minister in charge of prices shall assist the Committee in carrying out its tasks. 
CHAPTER III 
FUNCTIONING OF THE COMMITTEE 
ARTICLE 4.- (1) The Committee shall be convened by its Chairperson as often as circumstances 
require, and at least once per quarter. 
 (2) Decisions of the Committee shall only be valid when at least half its members 
are present. 
ARTICLE 5.- Notices, together with the working documents, shall be sent to members at least 
eight (8) days prior to the date of the meeting, and shall state the place, date, time and agenda 
of the meeting. 
ARTICLE 6.- (1) The Committee shall deliver, to the Minister in charge of prices, a motivated 
opinion on the cases referred to it within a maximu m of fifteen (15) days from the date of referral. 
 (2) The opinion mentioned to in subparagra ph (1) above, of which a copy shall be 
sent to the applicant, shall consist either of a rejection of the application on the grounds that 
the facts have not been established or that there is insufficient evidence, or of the initiation 
of an investigation. 
 (3) The measures referred to in subparagraph (2) above shall be implemented 
within a maximum of fifteen (15) days from the date of their transmission to the Chairperson. 
ARTICLE 7.- Decisions of the Committee shall be taken by a simple majority of the members 
present. In the event of equality of votes, the Chairperson shall have the casting vote. 
ARTICLE 8.- The secretariat referred to in Article 3 above shall be responsible for: 
- preparing the sessions of the Committee, in particular the draft notices and 
agendas of the meetings, which are subm itted to the Chairperson for approval; 
- receiving requests and any correspondence addressed to the Committee; 
- reporting on the items appearing on the agenda of the Committee's sessions; 
- preparing the report on the work of each session; - keeping the records of the Committee; G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  - carrying out any other task entrusted to him/her by the Chairperson in relation 
of the work of the Committee. 
CHAPTER IV 
REFERRALS TO THE COMMITTEE 
ARTICLE 9.- (1) Referrals to the Committee shall be made on the basis of a written application 
by all the domestic producers of the products at  issue, or by those that produce at least 25% 
of domestic production, as well as any legally recognized trade association representing 
the domestic industry concerned, or if necessa ry, on the request of the Ministers responsible 
for trade or prices. 
The application shall be addressed to the Chairper son of the Committee with copies to the accused 
exporter and to the competent authorities. 
 (2) The application shall specify the various items of information needed to assess 
the alleged facts and the injury caused, supported by documentation and evidence indicating, inter alia : 
- the identity of the applicants and a description of the volume and value 
of domestic production of like dumped or subsidized products and the weight of the applicant's/applicants' production in relation to the domestic production; 
- the exact address of the foreign suppliers of the products at issue, the exporting 
countries or countries of origin of the said products, and the list of local importers thereof; 
- the price of sale for consumption in the domestic market of the country of origin 
or the country of export to a third co untry. These prices shall be established 
in conformity with Articles 12, 13 and 14 below; 
- import trends of the dumped or subsidized products, their effect on the price 
of the locally produced like product(s), and their impact on the local 
industry evaluated on the basis of the indices and economic factors set forth in Article 18 below. 
CHAPTER V 
INVESTIGATIONS INITIA TED BY THE COMMITTEE 
ARTICLE 10.- Pursuing to Articles 8 and 11 of the above-mentioned Law No. 98/012 
of 14 July 1998, the purpose of the investigation is to gather evidence of injury or adverse effects 
caused to domestic production or to a domestic industry by the distribution of the products 
at issue when the examination of a case suggests that such injury or adverse effects exist. 
ARTICLE 11.- (1) In the course of their work, the investigators may request any natural or legal 
person that could provide information necessary to the conduct of the investigation to submit 
any professional documents, and shall be given access to any business premises for the purpose of gathering the information they need in  conformity with the laws in force. 
 (2) The investigators shall take an oath in accordance with the laws in force, 
and shall be bound by professional secrecy. 
SECTION I 
ANTI-DUMPING INVESTIGATION 
ARTICLE 12.- (1) The existence of dumping shall be determined in relation to the margin 
of dumping.  (2) The margin of dumping is defined as the difference established, at the same 
level of trade, between the foreign supplier's price and the comparable normal value applied by 
that supplier in the ordinary course of trade to a product of the same nature destined for 
consumption in the exporting country. G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  ARTICLE 13.- (1) The comparable normal value applied in the ordinary course of trade for a like 
product destined for consumption in the exporting country shall be understood to mean 
the weighted average price of the different sales carried out during the six (6) months following the month prior to the dumped transaction. 
 (2) To ensure that the normal value is sufficiently representative, the overall 
volume of sales referred to in subparagraph (1 ) above shall be equal to at least 5% of the 
imported volumes of the dumped product. 
 (3) The product of the same nature referred to in Article 12 above shall 
be understood to mean a product which is identical or alike 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 resemblin g those of the product under consideration. 
ARTICLE 14.- When the volume of sales of the like product taken into account in the calculation 
of the normal value does not meet the conditions set forth in Article 13 above or such sales have 
not taken place within the stipulated period, the margin of dumping shall be determined 
by comparison at the same level of trade: 
- either with a reference price for the export of the like product to a third country 
whose calculation methods are identical to those set forth in Article 13 above 
as regards the determination of the normal value; 
- or with its cost of production in the country of origin, plus general overhead 
costs and profits, the amounts of which sh all be based on actual data pertaining 
to its production or the production of products of the same category. 
ARTICLE 15.- Where the calculation of the marg in of dumping requires currency conversion, 
the exchange rate used shall be the rate prevailing on the date of sale. 
ARTICLE 16.- In the case of imports from a country other than the country of origin, the prices 
used to calculate the margin of dumping shall be those applied in the country of export or, 
alternatively, those applied in the country of origin. 
ARTICLE 17.- The reduction threshold for the margin required to establish dumping shall be fixed 
at 5% of the normal value or its equivalent, as defined in Articles 13 and 14 above. ARTICLE 18.- (1) Assessment of actual or probable injury caused by dumping shall be based 
on at least one of the following elements: 
- the significance of and trends in the volume of dumped imports; 
- the effect of the said imports on the price of the like product; 
- the impact of the imports on domestic production. 
 (2) The volume of imports must be equal to at least 5% of total imports of the like 
products, failing which it shall be considered negligible. 
 (3) The impact of imports on domestic production, evaluated in terms of decline 
in sales, production, productivity, profits or market share, must be equal to at least 5%. 
ARTICLE 19.- All interested parties in an anti-dumping investigation shall be given notice of the 
information required, and exporters shall have the opportunity to submit, in writing, such evidence 
that they consider relevant. The Committee may provide them with a period of up to thirty (30) days from the date of the notice of the required information to respond. 
ARTICLE 20.- The interested parties in an anti-dumping investigation may defend their interests. 
To that end, they may be heard by the Committee in the course of confrontations organized 
to that end. G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  SECTION II 
SUBSIDIES INVESTIGATION 
ARTICLE 21.- With regard to subsidies, when it appears from the examination by the Committee 
of the petitioner's application that the imports at issue are having a negative impact on 
the domestic industry concerned, consultations shall be initiated with the exporting country with 
a view to reaching a mutually agreed solution. 
ARTICLE 22.- Requests for consultations under Article 21 above shall include a statement 
of available evidence with regard to the nature of the subsidy in question and the injury caused 
to the domestic industry. 
ARTICLE 23.- In the event that consultations fail to lead to a mutually agreed solution within 
a period of sixty (60) days from the date of the request for consultations being notified to the 
exporting country, the case shall be referre d to the Dispute Settlement Body of the 
World Trade Organization for arbitration. 
SECTION III 
INVESTIGATION OF IMPORTS CAUSING OR THREATENING TO CAUSE 
SERIOUS INJURY TO A DOMESTIC INDUSTRY 
ARTICLE 24.- The evaluation of serious injury caused or which could be caused to the domestic 
industry by increased imports of a product in the framework of an investigation recommended 
by the Committee shall be conducted according to the criteria set forth in Article 18 above. 
ARTICLE 25.- The opening of the investigation under Article 24 above shall be notified publicly 
in order to inform all of the interested parties. The Committee on Safeguards of the 
World Trade Organization (WTO) shall also be notified. 
ARTICLE 26.- (1) Following the investigation, a report shall be published setting forth the findings 
and reasoned conclusions. 
 (2) The main conclusions of this report as well as the decision to apply a safeguard 
measure shall be notified to the WTO Committee on Safeguards. 
 (3) The conclusions mentioned in subparag raph (1) above shall comprise all of the 
pertinent information, which shall include evidence of serious injury or threat thereof caused 
by increased imports, a precise description of th e product involved, the expected duration of the 
measure and the timetable for progressive liberalization. 
CHAPTER IV 
PROVISIONAL AND DEFINITIVE MEASURES FOLLOWING THE INITIATION 
OF AN ANTI-DUMPING OR SUBSIDIES INVESTIGATION 
SECTION I 
PROVISIONAL MEASURES 
ARTICLE 27.- When an investigation is initiated by the Committee, provisional measures may 
be applied: 
- if the preliminary investigation establishes the existence of dumping 
or a prohibited subsidy that has resulted in injury to a domestic industry; 
- if the proposed measures are deemed necessary to prevent or limit the adverse 
effects of dumping or subsides; 
- if the interested parties are given an opportunity to provide information and 
make comments. G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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  ARTICLE 28.- The provisional measures to be introduced shall take the form of: 
- a provisional anti-dumping or countervailing duty, secured by the importer 
of the products at issue through a cash or bond deposit in an escrow account at the Central Bank, in an amount equal to the provisionally calculated 
anti-dumping duty or subsidy. The anti-dumping or countervailing duty 
provisionally applied shall not exceed the provisionally estimated margin of dumping or the amount of the subsidy; 
- quantitative restrictions and suspension of concessions and other obligations, 
in which case the quantities imported shall be at least equal to the average of imports in the previous three (3) years, unless clear justification is given that a different level is necessary to anticipate and prevent the alleged injury. 
ARTICLE 29.- The provisional measures applied shall be notified publicly together with: 
- the names of the suppliers or, where appropriate, the countries of supply; 
- the tariff heading or, where appropriate, a description of the product which 
is sufficient for customs purposes; 
- the margins of dumping and the amount of the subsidy established as well 
as the basis on which they have been determined; 
- the grounds for applying the provisional measures. 
ARTICLE 30.- The provisional measures may be suspended where the exporter or the public 
authorities of the country of origin have undertaken to eliminate the injurious effects observed. ARTICLE 31.- The application of the provisional measures shall not exceed a period of six 
(6) months. 
SECTION II 
DEFINITIVE MEASURES 
ARTICLE 32. - When an anti-dumping or subsidies investigation leads to a determination 
of dumping or subsidy, and without prejudice to such customs disputes as may ensue, there shall 
by established either an anti-dumping duty eq ual to the full margin of dumping or less, 
or a countervailing duty equal to the full subsidy or less. 
ARTICLE 33. - Where an anti-dumping duty is imposed in respect of a certain product, such duty 
shall be collected on a non-discriminatory basis on imports of that product, whatever the source. ARTICLE 34. - Where the anti-dumping duty has be en imposed on a retrospective basis, the final 
amount to be paid shall be calculated beginning thirty (30) months prior to the initiation by 
the Committee of the investigation. 
ARTICLE 35. - (1) If the definitive anti-dumping duty is higher than th e provisional duty paid 
or the amount of the bond deposited, the difference shall be collected. Conversely, if the definitive 
anti-dumping duty is lower, the difference shall be  refunded and any bonds released within thirty 
(30) days following the termination of the investigation. 
 (2) Where the final determination is negative, any cash deposit made during 
the period of application of the provisional measures shall be refunded and any bonds released within the time-period mentioned in subparagraph (1) above. 
ARTICLE 36. - (1) Any definitive anti-dumping duty  or countervailing duty shall remain in force 
as long as necessary to neutralize the injury to the domestic industry. 
 (2) The initial duration established when the said duties were introduced may be 
reviewed at the request of the exporter. In no case may these duties be applied for more than 
eight (8) years from the date of their imposition. 
ARTICLE 37. - (1) Anti-dumping or subsidy investigations shall be terminated no later than 
eighteen (18) months after their initiation, and public notice shall be provided thereof. G/ADP/N/1/CMR/1/Suppl.1 • G/SCM/N/1/CMR/1/Suppl.1 • G/SG/N/1/CMR/1/Suppl.1 
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   (2) In the case of an affirmative determination providing for the imposition 
of a definitive duty, the notice mentioned in subparagraph (1) above shall contain the same information as provided for in Article 29 of this Decree. 
CHAPTER VIII 
MISCELLANEOUS AND FINAL PROVISIONS 
ARTICLE 38.- The Committee's operating expenses shall be included in the budget of the Ministry 
in charge of prices. 
ARTICLE 39.- The Committee may receive technical and/or financial assistance in carrying out 
its duties from any natural person or national or international agency in conformity with 
the regulations in force. 
ARTICLE 40.- Members of the Committee carry out their functions free of charge. However, 
the Chairperson, the members of the Committee,  the members of the Secretariat and persons 
called in as consultants shall receive a sessional indemnity, the amounts of which shall be fixed by the Minister in charge of prices. 
ARTICLE 41.- At the end of each financial year, th e Minister in charge of prices shall provide 
the Prime Minister with a report on the activities of the Committee. 
ARTICLE 42.- All previous provisions contrary to this Decree are hereby repealed. 
ARTICLE 43.- The Minister in charge of prices and the Minister in charge of finance shall 
be responsible in their respective spheres of competence for implementing this Decree, which 
shall be recorded and published as a matter of urgency, and included in the Official Journal 
in French and in English. 
 YAOUNDÉ, 6 May 2005 
 THE PRIME MINISTER 
 AND HEAD OF GOVERNMENT, 
 INONI Ephraim 
  
 
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