G/ADP/Q1/CMR/2  
G/SCM/Q1/CMR/2  
G/SG/Q1/CMR/2  
16 April 2014  
(14-2406)  Page: 1/5  
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 
REPLIES TO QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF CAMEROON2 
The following communication, dated 14 April 2014, is being circulated at the request 
of the delegation of Cameroon.  
_______________ 
  
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 p oses the following questions: 
General Questions 
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 World Trade 
Organization Agreement on Subsidies an d Countervailing Measures (hereinafter 
"WTO SCM Agreement") and the World Trade Organization Agreement on Safeguards (hereinafter "WTO SG Agreement"), whic h will hold precedence in Cameroon's 
anti-dumping, countervailing duty and sa feguard investigatio ns, respectively? 
Reply 
The 1996 Constitution and all its subsequent amen dments provide for a hierarchy of legislation 
in force in Cameroon. Article 45 of the Constitution stipulates that "[i]nternational treaties 
and agreements that have been duly approved or  ratified take precedence over domestic laws 
once they have been published, provided th at they are implemented by the other party". 
 
Therefore, in the event of inconsistency be tween the 1998 Law and the WTO AD Agreement, 
the WTO SCM Agreement or the WTO SG Agreement, all of which been approved and ratified by Cameroon as a single undertaking, Article 45 of the 1996 Constitution applies, since the latter 
provides for the supremacy of international treaties and agreements duly approved 
or ratified by Cameroon, subject to reciprocity in trade relations between Cameroon and the country concerned. 
 
                                               
1 G/ADP/Q1/CMR/1-G/SCM/Q1/CMR/1-G/SG/Q1/CMR/1. 
2 G/ADP/N/1/CMR/1–G/SCM/N/1/CMR/1–G/SG/N/1/CMR/1 (document dated 4 July 2013). G/ADP/Q1/CMR/2 • G/SCM/Q1/CMR/2 • G/SG/Q1/CMR/2 
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  2. Article 1 of the 1998 Law states "This la w regulates dumping and establishes rules 
for the marketing of subsidized imported products, increased quantities of which are likely to cause serious injury to the domest ic industry that prod uces 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 "t hreat of material injury" (A rticle 3.7) in the course 
of an anti-dumping investigation, and Arti cle 5 of the WTO SCM Agreement which refers 
to "injury" to the domestic industry. 
Reply 
We believe that there is no inconsistency between Article 1 of the 1998 Law, Articles 3.5 and 3.7 
of the WTO AD Agreement, and Article 5 of the WTO SCM agreement, as other Articles 
of the 1998 Law clarify or provide further details on this matter. Article 22 of the 1998 Law, 
which establishes the Anti-Dumping and Subsidies Committee, further specifies that the Committee "is an advisory body responsible for issuing an opinion on dumping practices 
and on the files it receives relating to subsidies or  imports that cause, or threaten to cause, serious 
injury to a domestic industry". Article 8 of the same Law stipulates  that "the determination 
of injury caused by the dumping and of the anti -dumping duty that may result shall be made 
following an investigation conducted by the Anti-Dumping and Subsidies Committee". 
Additional information may be found in the implementing regulations for the 1998 Law. 
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 established by regulation. When does Came roon plan to establish such regulations? 
Reply 
The 1998 Law already has implementing regulations. These are contained 
in Decree No. 2005/1362/PM of 6 May 2005 establis hing the composition of the Anti-Dumping 
and Subsidies Committee and its operating and referral procedures.3 
4. Could Cameroon please explain wher e 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. Official Journal) 
for such notices? 
Reply 
Cameroon does have an Official Journal, but it is not intended solely for the publication 
of the public notices referred to above. Articles 19, 20, 21, 22, 23, 25 and 26 
of Decree No. 2005/1362/PM of 6 May 2005 provide further information regarding consultation 
procedures for interested parties and the  publication of such notices, which may only contain 
non-confidential information. 
 5. Will an administering authority esta blish procedures for the safeguard 
of information that is submitted by interested  parties during the course of anti-dumping, 
subsidies or safeguard investigation which is confidential in nature or provided 
on a confidential basis by interested  parties, upon good cause shown? 
Reply 
Article 11(2) of Decree No. 2005/1362/PM of 6 May 2005 establishing the composition 
of the Anti-Dumping and Subsidies Committee and its operating and referral procedures states 
that all members of the Committee (investigators) are required to take an oath before the relevant 
jurisdiction prior to beginning their duties and are bound by an obligation of professional secrecy. 
                                               
3 Decree No. 2005/1362/PM of 6 May 2005 will subsequently be circulated as document 
G/ADP/N/1/CMR/1/Suppl.1-G/SCM/N/1/CMR/1/Suppl.1-G/SG/N/1/CMR/1/Suppl.1. G/ADP/Q1/CMR/2 • G/SCM/Q1/CMR/2 • G/SG/Q1/CMR/2 
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  The Committee's Rules of Procedure, which are in the process of being finalized, also place 
an emphasis on the centralization of all Technical Secretariat information and the publication of non-confidential information only.  
Furthermore, Article 310 of Cameroon's Penal Code punishes any violation of professional secrecy, 
except in the case of statements made to the judicial or criminal investigation authorities.  
6. Please clarify the process by which inte rested 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. 
Reply 
 
The terms, conditions and procedures for initiating proceedings for administrative and judicial review are set forth in specific legislation (Law No. 2006/022 of 29 December 2006 establishing 
the organization and functioning of the administrative courts, Law No. 2006/015 
of 29 December 2006 on the organization  of the Judiciary, or Law No. 2006/016 
of 29 December 2006 establishing the organiza tion and functioning of the Supreme Court). 
 
However, as regards dispute settlement in this particular case, Article 23 of the 1998 Law stipulates that "[i]n the event that consultations fa il 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 referred to the Dispute Settlement Body of the 
World Trade Organization for arbitration".  
Anti-Dumping  
7. Article 4 of the 1998 Law states th at 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 dome stic 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 ap propriate third country, provided that this 
price is representative, or with the cost of  production in the country of origin plus 
a reasonable amount for administrative, se lling and general costs and for profit". 
Please explain how this differing comparison methodology is consistent with Article 2.2 
of the WTO AD Agreement. 
Reply 
Article 4 supplements Article 3 of the 1998 Law, which establishes the principle of dumping margin 
determination based on data relating to the prod uct concerned in the ordinary course of trade 
in the exporting country. Hence, Article 4 provides that "[i]n the absence of trade for domestic 
consumption in the country exporting the product concerned or a like product, the normal value 
referred to in Article 3 above may be either: 
- the highest comparable price for this product or a like product for export to any third 
country in the ordinary course of trade; or 
- the cost of production of this product or of a like product in the country of origin, 
plus an addition for selling cost and profit". 
For a better understanding of these provisions, further clarifications may be found 
in Articles 12 to 18 of Decree No. 2005/1362/PM of 6 May 2005 establishing the composition of the Anti-Dumping and Subsidies Committee and its operating and referral procedures.  G/ADP/Q1/CMR/2 • G/SCM/Q1/CMR/2 • G/SG/Q1/CMR/2 
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  Overall, in the performance of its functions the Anti-Dumping and Subsidies Committee relies 
on all the texts in force, having due regard to the hierarchical relationship between them, as indicated in the reply to Question 1 above. Generally speaking, it is more a question of complementarity between the different text s than of methodological inconsistency. 
 
8. Please confirm that an administ ering authority will provide a copy 
of the non-confidential application for in vestigation to the governments affected 
by the investigation whether or not such part ies are officially regi stered as interested 
parties, consistent with Articl e 5.5 of the WTO AD Agreement. 
Reply 
This concern is also addressed in Articles 9(2), 16 and 19 of Decree No. 2005/1362/PM 
of 6 May 2005, which refer to concepts such as "the exporting country", "the country of origin" 
and "the country other than the country of orig in", rather than simply "interested parties", 
which, in this case, is a notion that appears to be restrictive or limiting. 
 
In any event, the WTO AD Agreement, the 1 998 Law and its Implementing Decree of 2005 
should be regarded as complementary rather than contradictory instruments, considering the reply 
to Question 1. 
 9. Given the specific factors in Article 3 of the WTO AD Agreement concerning injury 
determinations, please explain in greate r detail what an administering authority 
will examine in determining whether dump ed imports are causing or threatening 
to cause material injury to the domestic industry. How will an administering authority 
gather the necessary evidence from in terested parties? Will such information 
be available to interested parties before an y relevant findings are made? How will this 
information be released to interested parties? 
Reply 
Articles 9 to 20 of Decree No. 2005/1362/PM of May 6 2005 elaborate on the procedures 
for referral to the Anti-Dumping and Subsidies Committee and on those for the initiation and conduct of the investigation, the purpose of which is "to gather evidence of injury or adverse effects caused to domestic production or to a dome stic industry by the distribution of the products 
at issue". All of these provisions aim, among other things, to determine the existence of injury, 
to ensure transparency of the proceedings, to give the parties access to information and every 
reasonable opportunity to present their views and arguments in order to defend their interests, 
and to ensure that the investigators provide adeq uate explanations regarding their determinations. 
 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 minist ry that has responsibility over dumping 
issues? Are there factors outside of those identified in the injury determination that the minister would consider before im posing an anti-dumping duty? If so, what 
would those factors be? Does the minister  have the ability to change the amount 
of anti-dumping duty recommended by th e Anti-Dumping and Subsidies Committee? 
Reply 
The Ministry of Trade is responsible for dumping issues but liaises with the Ministry responsible 
for finance when measures need to be taken. As regards the injury determination, the Anti-Dumping and Subsidies Committee relies on the factors set out in the various texts 
in force in Cameroon, namely the WTO AD Agreement, the 1998 Law and its Implementing 
Decree No. 2005/1362/PM of 6 May 2005. To facilitate understanding of certain concepts, the Anti-Dumping and Subsidies Committee may also refer to doctrine, jurisprudence, and interpretative or explanatory notes, where thes e exist. It is also important to point out that, 
in accordance with Article 22 of the 1998 Law and Article 2 of Decree No. 2005/1362/PM 
of 6 May 2005, the Anti-Dumping and Subsidie s Committee "is an advisory body responsible 
for issuing an opinion on dumping practices and on the files it receives relating to subsidies 
or imports that cause or threaten to cause serious injury to a domestic industry", with no further 
clarification as to the weight of its opinions. G/ADP/Q1/CMR/2 • G/SCM/Q1/CMR/2 • G/SG/Q1/CMR/2 
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  However, remedies are available for parties who consider themselves to have been adversely 
affected by the opinion issued by the Committee or  the decision made by the Minister responsible 
for dumping issues. 
Safeguards 
11. Could Cameroon please provide an ex ample timeline of a typical safeguards 
investigation? Specifically, could Camer oon inform members as to the following: 
 
-  time-frame for evaluating receipt of a petition; 
-  time-frame for providing comments with  regard to the notice of initiation; 
- time-frame after initiation by wh ich interested parties must make 
themselves known; 
- time-frame for the submission of requested evidence by the 
administering authority; 
- time-frame after initiation by which the administering authority must make 
a determination regarding provisional measures; and 
- time-frame 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. 
 Reply 
No safeguards investigation has been conducted to date, as priority has been given to strengthening the capacities of Committee members, for which we are seeking technical assistance. 
 
Articles 4, 5, 6, 13, 19, 23, 34, 36 and 37 of Decree No. 2005/1362/PM of 6 May 2005 elaborate on the time-frames mentioned above. 
 
The Committee also intends to draw up a procedural handbook in order to provide clarifications or additional information on the matter.  
12. Could Cameroon please ex plain 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 gove rnment official, or on some other basis? 
 
Reply 
Article 9 of Decree No. 2005/1362/PM of 6 May 2005 establishing the composition 
of the Anti-Dumping and Subsidies Committee and it s referral and operating procedures elaborates 
on the procedures for the initiation of a safeguards investigation. Applications to the Committee 
must be made on the basis of a written request 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 necessary, 
on the request of the Ministers responsible for trade or pricing. 
Articles 18, 24, 25 and 26 of Decree No. 2005/1362/PM of 6 May 2005 are equally informative 
on this subject. 
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