G/ADP/Q1/CMR/3  
G/SCM/Q1/CMR/3  
G/SG/Q1/CMR/3  
 
16 September 2014  
(14-5171)  Page: 1/3  
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 12.8 OF THE AGREEMENTS 
QUESTIONS POSED BY THE UN ITED STATES REGARDING 
THE NOTIFICATION OF CAMEROON1 
The following communication, dated 15 September 2014, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 The United States thanks Cameroon for its notifi cation of the decree establishing the composition 
of the Anti-Dumping and Subsidies Committee and its operating and referral procedures 
(hereinafter "Decree") and poses the following questions:  
General
2 
 
Question 1  
Are the WTO Agreement on Implementation of Arti cle VI of the General Agreement on Tariffs and 
Trade 1994 (hereinafter "AD Agreement"), Agreem ent on Subsidies and Countervailing Measures 
(hereinafter "SCM Agreement"), and Agreement on Safeguards (hereinafter "SG Agreement") 
self-implementing under Cameroon's law? Assuming in the event that the AD Agreement, the 
SCM Agreement, and the SG Agreement are self-implementing, please clarify what legal authority takes precedence in the event of any gaps or conflicts between the Decree and these WTO 
Agreements. 
 Anti-Dumping 
 
Question 2 
 Article 17 of the Decree states "{t}he reduction threshold for the margin required to establish 
dumping shall be fixed at 5% of the normal value or its equivalent." Please clarify the meaning of 
the term "reduction threshold."   
Question 3 
 Article 18(1) of the Decree provides generally th at the authority shall examine the volume, price 
effects, and impact of dumped imports, but does not incorporate the specific elements of volume, 
price effects, and impact analysis identified in Article 3.2 and 3.4 of the Agreement on 
Implementation of Article VI of the General Agr eement on Tariffs and Trade 1994 (hereinafter "AD 
Agreement") (e.g., price undercutting, effects on domestic industry indicators). Please explain how 
                                               
1 G/ADP/N/1/CMR/1/Suppl.1–G/SCM/N/1/CMR/1/Suppl.1-G/SG/N/1/CMR/1/Suppl.1 
(dated 27 May 2014). 
2 For the sake of efficiency, the United States sugges ts that committee review of this General question 
be conducted in the Committee on Anti-Dumping Practices. 
 G/ADP/Q1/CMR/3 • G/SCM/Q1/CMR/3 • G/SG/Q1/CMR/3 
 
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  Cameroon is implementing the requirements of these provisions and if these requirements are 
published. If published, when will Cameroon notify the published requirements to the WTO 
Committee on Anti-Dumping Practices (hereinafter "Committee") for review?  
Question 4 
 Article 18 of the Decree does not identify certain key elements of the AD Agreement relevant to 
injury, such as "like product" (Article 2.6 of the AD Agreement) and "domestic industry" 
(Article 4.1 of the AD Agreement). Please explain how Cameroon is implementing these provisions.  
 Question 5 
 
Article 18(3) of the Decree states that "[t]he impact of imports on domestic production, evaluated in decline in sales, production, productivity, profits or market share, must be equal to at 
least 5%." Please explain the meaning of this prov ision. Does this indicate that, unless one of the 
specified factors declines by at least 5% over the period of investigation, the administrating authority in Cameroon will make a negative injury determination? Also, while five factors 
pertaining to impact are specified in this provision, Article 3.4 of the AD Agreement instructs the 
administrating authority to examine several additional factors as well. Please explain how Cameroon is implementing the examination of these other factors.   
Question 6 
 How is Cameroon implementing Article 3.3 of the AD Agreement, which addresses the issue of 
cumulation when imports of a product from more than one country are simultaneously subject to 
antidumping duty investigations?  
Question 7 
 How is Cameroon implementing Article 3.7 of the AD Agreement, which addresses the requirements for making a determination of threat of material injury? 
 
Question 8  
How is Cameroon implementing Article 6.4 of th e AD Agreement, which addresses the requirement 
that the administrating authority provide timely opportunity for interested parties to see all non-
confidential information that is relevant to the presentation of their cases? 
 
Question 9  How is Cameroon implementing Article 6.9 of the AD Agreement, which addresses the disclosure of 
essential facts? 
 Question 10 
 
Article 34 of the Decree states that "[w]here the anti-dumping duty has been 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." Please explain how Cameroon is 
implementing Article 10.6 of the AD Agreement whic h states, in contrast, that a "definitive anti-
dumping duty may be levied on products which were entered for consumption not more than 90 days prior to the date of application of provisional measures" provided that certain criteria are 
met.  
 Subsidies and Countervailing Measures 
 Question 11  
Section II of Chapter V of the Decree contains no provisions concerning injury determinations in 
countervailing duty investigations. How is Cameroon implementing the requirements of Article 15 of the Agreement on Subsidies and Countervailing Measures?  G/ADP/Q1/CMR/3 • G/SCM/Q1/CMR/3 • G/SG/Q1/CMR/3 
 
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  Safeguards 
 
Question 12  
The Decree does not identify the economic factors th at the administrating authority will consider in 
determining whether increased imports are causing or threatening to cause serious injury to the 
domestic industry. How is Cameroon implementing the requirements of Article 4 of the Agreement 
on Safeguards (hereinafter "SG Agreement")? 
 Question 13  
The Decree does not provide detailed information about the procedures the administrating 
authority intends to follow when conducting a safeguards investigation. Please clarify how Cameroon is implementing the requirements of  Article 3 of the SG Agreement and if these 
procedures are published. If published, when will  Cameroon notify the published requirements to 
the Committee for review?  
Question 14 
 Article 18(3) of the Decree states that "[t]he impact of imports on domestic production, evaluated in decline in sales, production, productivity, profits or market share, must be equal to at 
least 5%." Please explain how Cameroon would treat a situation in which one economic indicator 
was falling (e.g., by more than 5%), while another economic indicator was increasing (e.g., by more than 5%). In other words, can the impact of  imports apply to only one of the listed economic 
factors in order to make an affirmative injury determination? 
 Question 15 
 
Article 18(3) of the Decree lists only five factor s to be examined. Please clarify how Cameroon is 
implementing Article 4.2(a) of the SG Agreement, which lists additional factors to be examined as 
well. 
 
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