G/ADP/N/1/CPV/1  
G/SCM/N/1/CPV/1  
 
6 May 2024  
(24-3599) Page: 1/9 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
 Original: French  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
CABO VERDE 
The following communication, dated and received on 26 April 2024, is being circulated at the request 
of the delegation of Cabo Verde.  
 
_______________  
 
 
Pursuant to the provisions of Article 18.5 of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994 (Anti -dumping  measures ) and Article  32.6 of the 
Agreement on Subsidies and Countervailing Measu res, this notification includes a copy of 
Articles  336–345 of Chapter III of the Customs Code approved by Legislative Decree No.  4/2010 of 
3 June1, and Articles  96–131 of Chapter V, Sections I, II and III of the Customs Code Regulation s 
approved by Decree -Law No. 23/2014 of 2 April.2 
  
 
1 https://kiosk.incv.cv/2.1.21.2350/  
2 https://kiosk.incv.cv/2.1.23.1835/  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  1 – DISCIPLINES PROVIDED FOR  IN THE CUSTOMS CODE FOR  
ANTI -DUMPING AND COUNTERVAILING DUTIES  
CHAPTER III  
SECTION X  
Anti-dumping and countervailing duties  
Article 336  
Anti-dumping measures  
1. Anti-dumping measures are only applied under the circumstances provided for in Article VI of 
the GATT  1994 and in respect of investigations opened  and conducted under the terms of this 
Agreement and the Agreement on Interpretation and Application of Articl es VI, XVI and XIII of the 
GATT . 
2. Dumped goods are subject to anti -dumping measures when their introduction into the country 
causes material injury  to the domestic industry.  
Article 337  
Material injury  
The existence of injury shall be based on solid evid ence and involve an objective examination of:  
(a) The volume of the dumped imports and the effect of the dumped imports on prices in the 
market for like products ; and  
(b) The consequent impact of these imports on Cabo Verde's industry.  
Article 338  
Undervalued goods  
A product is considered  as being dumped  when the export price to Cabo Verde is less than the 
comparable price for a like product , in the ordinary course of trade , in the exporting country.  
Article 339  
Like product s 
1. Under the terms of t he preceding Article, a like product is understood to be comparable  in all 
respects to the product considered as being dumped.  
2. In the absence of such a product, another product with very similar characteristics may be 
considered.  
Article 340  
Normal value  
Normal value is usually based on the prices paid or payable, in the ordinary course of trade, by 
independent customers in the export ing country . 
Article 341  
Export price  
1. The e xport price is the price paid or payable for the product exported to Cabo Verde by the 
exporting country . In cases where the export price appears to be unreliable, an adjustment for all 
verified costs between importation and resale, as well as for profits accruing , shall be made to 
establish a reliable export price at the Cabo Verde border.  
2. The e xport price and the normal value are then compared fairly.  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  Article 342  
Margin  of dumping  
The margin of dumping is the amount by which the normal value exceeds th e export price. A 
weighted average margin of dumping may be established when margins of dumping vary.  
Article 343  
Countervailing duties  
Countervailing duties are intended to offset any subsidy granted, direct ly or indirectly, for the 
manufacture, productio n, exportation or transport of products the free circulation of which in 
Cabo Verde's customs territory causes material injury . 
Article 344  
Application  
The application of countervailing duties  is subject to the provisions of the WTO Agreement on 
Subsidies and Countervailing Measures and the Agreement on Interpretation and Application of 
Articles VI, XVI and XIII of the GATT . 
Article 345  
Special Committee  
Applicable anti -dumping and countervailing duties are determined by a Special Committee  
established for this purpose , in strict accordance not only with the specific WTO Agreements on 
anti-dumping duties , subsidies and countervailing measures, but also wit h their implementing 
Agreements and the provisions of the General Agreement on Tariffs and Trade (GATT) . 
  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  2 - PROVISION S IN THE CUSTOMS CODE REGULATION S FOR 
ANTI -DUMPING MEASURES AND COUNTERVAILING DUTIES  
CHAPTER IV  
SECTION I  
Anti-dumping measures  
Article 96  
Undervalued goods  
A product is considered  as being  dumped when the export price to Cabo Verde is less than the 
comparable price for a like product, in the ordinary course of trade, in the exporting country.  
Article 97  
Anti-dumping duties  
1. Anti-dumping duties are trade policy measures established by specific regulations in order to 
safeguard the country and its economic agents from unfair trade practices, in accordance with the 
Agreement on Implementation of Article VI of the GATT  1994 (Urug uay Round) . 
2. Anti-dumping duties are used to offset the effect of injury or the threat thereof caused by 
dumping, in order to even out the price of a product depending  on what is considered as being  a 
normal market value.  
Article 98  
Cumulation of measure s 
1. A product may be simultaneously subject to anti -dumping measures and countervailing duties.  
2. These measures are identified following an investigation triggered by a complaint from the 
domestic industry and conducted by the Directorate -General of Cus toms.  
Article 99  
Content of the complaint  
The complaint shall contain the following:  
(a) Identification of the complainant, description of the volume and value of the production of 
goods;  
(b) Detailed description of the allegedly dumped product and the nam es of the countries/ firms 
concerned;  
(c) Information on the export prices and the prices on the domestic market s of the exporting 
countries; and  
(d) Information on the changes in the volume of the allegedly dumped imports . 
Article 100  
Involvement in the investigation  
Interested producers, importers, exporters, users and consumers may become parties to the 
investigation, monitor its progress, and provide and receive information.  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  Article 101  
Aim of the investigation  
The aim of the investi gation is to verify the existence of the three necessary conditions for the 
application of an anti -dumping measure, namely:  
(a) The existence of dumping;  
(b) Whether the dumping causes injury to the domestic industry; and  
(c) Whether the dumping is injurio us to national interest.  
Article 102  
Dumping control  
1. The verification of  the existence of dumping consists of comparing the normal value and the 
export price.  
2. The normal value is the price charged by the exporter in the exporter's country of origin o r, 
when this is not acceptable, a value calculated or constructed on the basis of the cost of production, 
plus other charges and costs, as well as an amount for profit.  
3. The export price is the price actually paid or payable for the product sold to Cabo Verde by a 
firm from the exporting country.  
Article 103  
Margin of d umping  
The margin of dumping is the amount by which the normal value exceeds the export price. A 
weighted average margin of dumping may be established when margins of dumping vary.  
Article 104 
Material injury  to the domestic industry  
Material injury  to the domestic industry is understood to mean a great loss to the domestic industry, 
a significant threat of injury to the domestic industry or material retardation of the establishment of 
this industry, evaluated on the basis of the solid evidence referred to in Article 337 of the 
Customs  Code.  
Article 105  
Calculation of  the loss to the domestic industry  
A determination of  injury  caused  to the domestic industry shall be based on valid evidence  and an 
objective examination of the volume of the dumped imports, the effect of the dumped imports on 
prices in the domestic market  for like products  and the consequent impact of these imports on the 
domestic industry.  
Article 106  
National interest  
The concept of national interest generally results from weighing up the positive and negative effects 
of dumping, bearing in mind, on the one hand, the injury that affects domestic producers of the 
product in  question and, on the other hand, the benefit to consumers of obtaining products at lower 
prices.  
Article 107  
Provisional anti -dumping measures  
Provisional anti -dumping measures may be applied during the investigation  process , provided that 
the conditions required for their definitive application are proven, even summarily.  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  Article 108  
Exporters' undertakings during the investigation  
During the investigation  phase , exporters may undertake to revis e their prices or to stop  exporting 
at dump ed prices. Acceptance of this undertaking may result in  the termination of the process . 
Article 109  
Conclusion of the investigation  
Following the investigation, the competent entity, subject to the findings, may propose:  
(a) Archiving the proc ess without applying any penalties; or  
(b) Imposing  anti-dumping duties.  
Article 110  
Termination of the investigation  
The investigation may be terminated without any penalties for one of the following reasons:  
(a) The complaint has been  withdrawn and termination is in the country's interest;  
(b) After consultation, adopting defence measures proves to be  unnecessary; or 
(c) The margin of dumping is less than 2%.  
Article 111  
Evidence  of dumping  
When the facts prove the existence of dumping and resulting injury, and the country 's interest 
justifies intervention, a definite anti -dumping duty is created, thereby terminating the provisional 
anti-dumping duties imposed.  
Article 112  
Anti-dumping duty limit  
The amount of the anti-dumping du ty may not exceed the established margin of dumping.  
  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  SECTION II  
Countervailing duties  
Article 113  
Subsid y 
A subsidy is a form of support or assistance given by the State or another public entity to certain 
firms, without necessarily involving any contribution in return . 
Article 114  
Countervailing duties  
Countervailing duties are intended to offset any subsidy granted, direct ly or indirectly, for the 
manu facture, production, exportation or transport of products the free circulation of which in 
Cabo Verde's customs territory causes material injury.  
Article 115  
Subsidy i nvestigation  
A subsidy  investigation is initiated following a written complaint by any na tural or legal person  or by 
any association with legal personality acting on behalf of the domestic industry.  
Article 116  
Content of the complaint  
The complaint shall contain  sufficient evidence of the existence of the subsidy, the injury caused and 
the ca usal link between the subsidy and the injury , as well as the following:  
(a) Identification of the complainant and a description of the volume and value of the 
complainant's production;  
(b) A detailed description of the allegedly subsidized product and the country of origin;  
(c) Evidence of the existence, amount and nature of the subsidy; and  
(d) Information on changes and on the effects and repercussions of the allegedly subsidized 
imports on the domestic industry.  
Article 117  
Non-initiation of an investigation  
An investigation is not initiated if the country that allegedly grants the subsidy has a domestic market 
share of less than 1%.  
Article 118  
Notification of the initiation of an investigation  
Exporters, importers and associations representing importers and exporters, as well as the country 
of origin and the complainants, are notified of the initiation of an investigation.  
Article 119  
Period of i nvestigation  
The period of investigation corresponds to  the most recent accounting year of the allege d beneficiary 
of the subsidy.  G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  Article 120  
Scope of the investigation  
A subsidy  investigation focuses on the existence of a subsidy and on the inherent injury , which are 
examined simultaneously.  
Article 121  
Provisional countervailing measures  
1. The imposition of countervailing measures depends on confirmation of the following:  
(a) The existence of a subsidy;  
(b) The injury caused by the subsidy; and  
(c) National interest.  
2. A determination of injury shall be based on solid evidence  and involve an ob jective 
examination of the volume of the subsidized imports and the effect of the subsidized imports on 
prices in the domestic market for like products and the consequent impact of these imports on the 
domestic industry.  
Article 122  
Balancing of national i nterest  
When determining national interest, an assessment of the various interests taken as a whole shall 
be considered, including the interests of the domestic industry, both upstream and downstream, and 
of users and consumers.  
Article 123  
Provisional compensation measures  
If, from the information gathered initially, there is evidence that confirms the facts referred to in 
paragraph 1 of Article 121, provisional countervailing  duties are applied.  
Article 124  
Conclusion of the investigation  
The conclusion of the investigation may lead to one of the following measures:  
(a) Termination of the investigation  without the imposition of countervailing measures; or 
(b) Imposition of countervailing duties.  
Article 125  
Termination of the investigation  
1. The investigation may be terminated without the imposition of countervailing measures when:  
(a) The complaint is withdrawn, provided that termination is not contrary to the country's  
interes ts; 
(b) Adopting  countervailing  measures proves t o be unnecessary; and  
(c) The subsidy margin is less than 2%.  
2. An investigation may also be terminated  when the country of origin undertake s to eliminate 
the subsidy or exporters undertake to revise the prices.  
 G/ADP/N/1/CPV/1 • G/SCM/N/1/CPV/1  
 
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  Article 126  
Countervailing duty limit 
The amount of the countervailing duty, applied  following an investigation, cannot be greater than 
the benefit to the recipient and is calculated based on each unit of the subsidized product exported 
to Cabo Verde.  
Article 127  
Authority to apply measures  
The customs authorities are responsible for deciding whether to apply countervailing measures.  
SECTION III  
Common provisions on  anti-dumping  
and countervailing measures  
Article 128  
Review of measures  
1. The applied anti -dumping and countervailing measures may be subject to a review at the end 
of the fixed period.  
2. The review may lead to either the extension or lifting of the measures.  
Article 129  
Refund of anti -dumping duties  
An importer may request the refund of anti -dumping duties if it proves that the prices are not the 
result of dumping.  
Article  130 
Composition and powers of the Special Committee  
1. The Special Committee for determining anti -dumping and countervailing duties, referred to in 
Article 345 of the Customs Code, is chaired by the Director -General of Customs , who appoints  
two additional  members.  
2. Special Committee meetings are convened, whenever necessary, by the Director -General of 
Customs. The Special Committee is responsible for identifying and proposing tariff codes subject to 
the application of anti -dumping and countervailing duti es. 
__________