G/ADP/Q1/KHM/1  
G/SCM/Q1/KHM/1  
G/SG/Q1/KHM/1  
 
3 October  2018 
(18-6083) Page: 1/4 
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 NOTIFI CATION OF  CAMBODIA1 
The following communication, dated 28 September 2018, is being circulated at the request  of the 
Delegation of the  United States.  
 
_______________  
 
 
The United States thanks Cambodia for its notification of the Law on Trade Remedies,  and poses the 
following questions:  
 
Question 1  
 
Article 3 states, "{t}his law shall be applied to Dumping, Subs idies and Countervailing Measures, 
and Safeguards with regard to trade in Cambodia in conformity with the relevant Agreements of the 
World Trade Organization ". In instances of potential conflict between the Law and the above -
mentioned WTO Agreements,2 which will take precedence when Cambodia conducts its proceedings?  
 
Question 2  
 
Several references are made throughout the Law on Trade Remedies that further descriptions or 
procedures will be provided in a Sub -Decree . Has Cambodia already issued this Sub -Decree or is 
this still a work in progress? If the Sub -Decree has been issued, when will Cambodia notify the Sub -
Decree to the relevant WTO Committees? If the Sub -Decree is not yet complete, please indicate the 
status of the development of the Sub -Decree and t he expected process and timeline for its 
development and adoption .  
 
Question 3  
 
Article 16(B) provides a list of factors that the Committee should consider in a threat of material 
injury analysis in an antidumping investigation . Please explain whether any one of these factors can 
give decisive guidance on whether there is a threat to the industry, or whether "the totality of the 
factors considered must lead to the conclusion that further dumped exports are imminent and that, 
unles s protective action is taken, material injury would occur ", as provided in  Article 3.7 of the 
AD Agreement . Please also explain whether the factors enumerated in the Law constitute an 
exhaustive list, given that Article 3.7 indicates that an authority may consider additional factors.  
 
                                                
1 G/ADP/N/1/KHM/2 –G/SCM/N/1/KHM/2 –G/SG/N/1/KHM/2 (dated 5 September 2018). For the sake of 
efficiency, the United States suggests that committee review for questions 1 -5, 11, and 13 -17 be conducted in 
the Committee on Anti -Dumping Practices, while the commit tee review for questions 6 -10, and 12 be 
conducted in the Committee on Safeguards.  
2 World Trade Organization (WTO) Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994 (AD Agreement), WTO Agreement on Subsidies and Countervailing Measures  
(SCM  Agreement), and the WTO Agreement on Safeguards (Safegu ards Agreement).  G/ADP/Q1/KHM/1 • G/SCM/Q1/KHM/1 • G/SG/Q1/KHM/1  
 
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  Question 4  
 
Paragraph A of Article 18 notes that in special circumstances, the National Committee on Trade 
Remedies may itself initiate an investigation . Please clarify that the Committee will only proceed "if 
they have suffic ient evidence of dumping, injury and a causal link ", as required under Article 5.6 of 
the AD Agreement, prior to initiating an investigation. Furthermore, please confirm that, with due 
allowance for the protection of confidential information, interested pa rties to the investigation will 
be able to review the underlying basis and facts used by the National Committee on Trade Remedies 
to initiate the investigation.  
 
Question 5  
 
Paragraph D of Article 18 states, "{t}he National Committee on Trade Remedies shall maintain a 
public file containing non -confidential information obtained during the investigation ". Please confirm 
that the public file will contain sufficiently detailed summaries of the confidential information to 
permit parties "a reasonable unders tanding of the substance of the information submitted in 
confidence " as required under Article 6.5.1 of the WTO AD Agreement.  
 
In addition, please explain how interested parties will access the public file.  
 
Finally, Article 18D does not specifically addre ss that all interested parties, whenever practicable, 
will have timely opportunity to see all evidence relevant to the presentation of their cases . How does 
Cambodia implement the requirements of Article 6.4 of the AD Agreement?  
 
Question 6  
 
Article 32 sta tes, "{w}hen conducting safeguards investigations, the National Committee on Trade 
Remedies shall apply the principles and procedures contained in Article 18 of this Law ". However, 
Article 18 of the Law on Trade Remedies describes the procedures for initia ting and conducting 
antidumping investigations . Since antidumping and safeguards measures are different remedies 
subject to distinct WTO rules concerning their adoption and implementation, please clarify which of 
the principles and procedures described in Article 18 are also applicable to safeguards investigations.  
 
Question 7  
 
Paragraph C of Article 32, which concerns provisional safeguard measures, omits the requirement 
in Article 6 of the Safeguards Agreement that such measures may be applied only "in critical 
circumstances " where delay would cause damage that would be difficult to repair . It also substitutes 
the term "sufficient evidence " for the term "clear evidence " in the English text of Article 6 of the 
Safeguards Agreement . Please explain these diff erences .  
 
Question 8  
 
Paragraph C of Article 33 states that Cambodia "shall immediately notify the 
World  Trade  Organization if it is determined that increased imports h ave caused or threaten to 
cause  serious injury to the Cambodian industry ". Please indicate whether Cambodia, in its 
notification to the Safeguards Committee, also plans to provide the information required by 
Article  12.2 of the Safeguards Agreement .  
 
Question 9  
 
Paragraph A of Article 34 and paragraph A of Article 36 state that  the National Committee on Trade 
Remedies may apply a remedy in the form of a quantitative restriction, but makes no reference to 
the requirements and limitations regarding such measures in Article 5 of the Safeguards Agreement . 
Please explain how the Nati onal Committee would apply such a measure consistent with these 
requirements and limitations .  
 
Question 10  
 
Paragraph  A of Article 41 states that the National Committee on Trade Remedies may extend a 
remedy "one time only, for a period  of not more than 6 (six) years ". Please explain how this is G/ADP/Q1/KHM/1 • G/SCM/Q1/KHM/1 • G/SG/Q1/KHM/1  
 
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  consistent with the requirements of Article 7 and Article 9.2 of the Safeguards Agreement, 
particularly the requirement in Article 7.1.  
 
Question 11  
 
Please clarify which "court of jurisdiction " noted in Article 43(A) of the Law on Trade Remedies would 
be the appropriate court of review for appeals of antidumping, countervailing duty, or safeguard 
decisions . Also, please list the findings, decisions, or methodologies applied within an antidumping , 
countervailing duty, and safeguards proceedings that are subject to judicial review by this court.  
 
Question 12  
 
The Law on Trade Remedies appears not to contain provisions that implement a number of key 
procedural requirements in Articles 3 and 4 of th e Safeguards Agreement . For example, the Law 
does not address the requirements in Article 3.1 that the competent authorities hold public hearings 
or provide other opportunities for interested parties to present evidence and their views; provide for 
the pro tection of confidential information as required by Article 3.2; or require that the competent 
authorities publish a report setting forth their findings and reasoned conclusions of on all pertinent 
issues of fact and law, as well as a detailed analysis of t he case under investigation and a 
demonstration of the relevance of the factors examined (Article 3.1 and Article 4.2(c)) . Please 
explain how Cambodia would meet these requirements . 
 
Question 13  
 
The Annex (definitions) at (b) defines "trade remedy duty " as "a duty applied to an imported product 
as the result of an anti -dump ing or safeguards investigation ". However, a "trade remedy " is defined 
in Annex(a) as including antidumping, subsidies and countervailing, and safeguard measures . Please 
explain why duti es resulting from a subsidies and countervailing duty investigation would not also 
be considered as a trade remedy duty.  
 
Question 14  
 
The Annex at (f) defines the "Cambodian industry " but does not contain a reference to a regional 
industry analysis authorized under Articles 4.1(ii) of the AD Agreement and 16.2 of  the 
SCM Agreement . Is such an analysis permitted under the Law on Trade Remedies?   
 
Question 15  
 
The Annex at (g) and (m) d efines "like domestic product " and "like product for anti -dumping 
investigation ", respectively . "Like domestic product " refers to "a domestic product which is identical, 
i.e. alike in all respects to the investigated product ". By contrast, "like product fo r anti -dumping 
investigation " refers to "a product which is identical, i.e. alike in all respects to the investigated 
product, or another product which, although not alike in all respects, has characteristics closely 
resembling those of the investigated pr oduct " (italics added for emphasis) . Please explain the reason 
for the difference in the definitions, given that there is no difference in the definition of "like product " 
in Articles 2.6 of the AD Agreement and 15.1 of the SCM Agreement .  
 
Question 16  
 
The Law on Trade Remedies does not define negligibility . Please explain the meaning of negligible 
imports, keeping in mind Article 5.8 of the AD Agreement . Similarly, Article 18C of the Law on Trade 
Remedies states that investigations may be terminated "upon the withdrawal of the application ", or 
when the Committee "determines that there is not sufficient evidence of dumping or injury justifying 
proceeding with the case ". The Law on Trade Remedies does not appear to provide any scenarios 
for termination of in vestigations when the volume of dumped imports in negligible . How does 
Cambodia implement the requirement of Article 5.8 of the AD Agreement requiring the termination 
of investigations in which "the volume of dumped imports, actual or potential, or the inj ury, is 
negligible "? 
 G/ADP/Q1/KHM/1 • G/SCM/Q1/KHM/1 • G/SG/Q1/KHM/1  
 
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  Question 17  
 
How does the Law implement the requirement of Article 6.9 of the AD Agreement that the authority 
inform all interested parties of the essential facts under consideration before making a final 
determination?  
 
__________