G/ADP/N/1/KHM/2  
G/SCM/N/1/KHM/2  
G/SG/N/1/KHM/2  
 
5 September  2018 
(18-4982)  Page: 1/16 
Committee on Anti -Dumping Practices  
Committee on Subsidies and  Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
CAMBODIA  
The following communication, dated 25 July 2018, is being circulated at the request of the 
Delegation of Cambodia . 
_______________  
With reference to Article  18.5 of the Agreement on Implementation of Article VI of the GATT 1994, 
Article 32.6 of the Agreement on Subsidies and Countervailing Measures and Article  12.6 of the 
Agreement on Safeguards, the Royal Government of Cambodia submits the enclosed Law on Tr ade 
Remedies of Cambodia.  
 
_______________  
LAW ON TRADE REMEDIE S 
 
CHAPTER I  
GENERAL PROVISIONS  
 
Article 1:  Purpose  
 
This law aims to protect Cambodian  Industry from being negatively affected by unfair trade 
imports and unanticipated surge in imports and to  resolve the negative impact on Cambodian 
Industry through trade remedies measures in compliance with the relevant WTO Agreements.  
 
 
Article 2: Objective  
 
This law defines the principles, mechanisms, procedures, and rules pertaining to trade remedies.  
 
 
Article 3: Scope  
 
This law shall be applied to Dumping, Subsidies and Countervailing Measures, and Safeguards with 
regard to trade in Cambodia in conformity with the relevant Agreements of the World Trade 
Organization.  
 
Article 4: General Definitions  
 
Key technical terms applied in this law shall have the meanings as defined in the Annex of this law.  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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CHAPTER II  
NATIONAL COMMITTEE O N TRADE REMEDIES  
 
Article 5: The National Committee on Trade Remedies  
 
There shall be a Committee to be referred to as t he National Committee on Trade Remedies. This 
Committee shall be led by the Minister of Commerce and include representatives from relevant 
Ministries/Institutions to fulfil the tasks related to trade remedies in conformity with the provisions 
of this law.  
 
The Organization and functioning of the National Committee on Trade Remedies shall be 
determined by a Sub -Decree.  
 
CHAPTER III  
TRADE REMEDIES PROCE DURES  
 
Part I  
Anti-Dumping Measures  
 
Article 6: Identification of Dumping  
 
An investigated product that is  being introduced into the commerce of the Kingdom of Cambodia at 
a price that is less than its normal value in country of origin shall be considered as being dumped.  
 
Article 7: Normal Value Based on Prices in Country of Export or Country of Origin  
 
The N ational Committee on Trade Remedies shall determine the normal value of the investigated 
product on the basis of the comparable price paid or payable, in the ordinary course of trade, for 
sales of the like product when destined for consumption in the expor ting country.  
 
Article 8: Normal Value Based on Export Price to a Third Country or on Constructed 
Value  
 
When there are no sales of the like product in the domestic market of the exporting country, or 
when such sales do not permit a proper comparison becau se of the market situation or the low 
volume of the sales in the domestic market of exporting country, the National Committee on Trade 
Remedies shall establish the normal value of the investigated product based on either of the 
following paragraph (1) or ( 2):  
 
(1) on the basis of a comparable price of the like product when exported from the country 
of origin to an appropriate third country, provided that this price is representative; or  
 
 (2) on the basis of  the cost of production in the country of origin plus a reasonable 
amount for administrative, selling and general costs and for profits.  
 
Article 9: Export Price  
 
Export price is determined as follows:  
 
A. The export price shall be the price actually paid or payable for the investigated product when 
exported for sale from the exporting country to the Kingdom of Cambodia.  
 
B. In cases where there is no export price or where it appears to the National Committee on 
Trade Remedies that the export price is unreliable because of association or a compensator y 
arrangement between the exporter and the importer or a third party:  
 
 (1) the export price may be constructed on the basis of the price at which the imported 
products are first resold to an independent buyer; or  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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   (2) the National Committee on Trade Reme dies may determine the export price based on 
reasonable ground if the products are not resold to an independent buyer, or not 
resold in the condition as imported.  
 
C. In the case where the National Committee on Trade Remedies determines the normal value 
on the basis of the country of origin, the export price shall be the price actually paid or payable for 
the investigated product when exported for sale from the country of origin.  
 
Article 10: Adjustments to Normal Value and Export Price  
 
The National Commi ttee on Trade Remedies shall make a fair comparison between the export price 
and the normal value. This comparison shall be made at the same level of trade, normally at the 
ex-factory level, and in respect of sales made at as nearly as possible the same ti me. Reasonable 
adjustments shall be made to account for differences which affect price comparability.  
 
Article 11: Individual Dumping Margin  
 
The National Committee on Trade Remedies shall determine an individual dumping margin of each 
exporter or producer  concerned of the investigated product. However, the National Committee on 
Trade Remedies may limit their examination and the resulting individual margins to a reasonable 
number for interested parties or investigated products.  
 
 
Article 12: Determination of Injury  
 
A determination of material injury for the purposes of this law shall be based on positive evidence 
and involve an objective examination of:  
 
 (a) the volume of the dumped imports;  
 
 (b) the effect of the dumped imports on prices in the Cambodia n market for like 
products;  and 
 
 (c) the consequent impact of these imports on Cambodian producers of such products.  
 
Article 13: Examination of the Volume of Dumped Imports and their Effects on Prices in 
the Kingdom of Cambodia  
 
A. With regard to the vol ume of the dumped imports, the National Committee on Trade 
Remedies shall consider whether there has been a significant increase in dumped imports, either in 
absolute terms or relative to production or consumption in the Kingdom of Cambodia.  
 
B. With regar d to the effect of the dumped imports on prices in the market of the Kingdom of 
Cambodia, the National Committee on Trade Remedies shall consider whether:  
 
 (1) there has been a significant price undercutting by the dumped imports as compared 
with the pric e of the like product in domestic market;  or 
 
 (2) the effect of such imports is otherwise to depress prices to a significant degree or 
prevent price increases, which otherwise would have occurred, to a significant degree.  
 
C. Beside the factors identified  in paragraphs A and B of this Article, the National Committee on 
Trade Remedies may consider other factors which cause the noticeable changes to the price of 
Cambodian like products.   
 
Article 14: Cumulation  
 
Where imports of a like product from more than  one country are subject to simultaneous anti -
dumping investigations, the National Committee on Trade Remedies may cumulatively assess the 
effects of such imports on Cambodian industry only if the Committee determines that:  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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   (a) the margin of dumping esta blished in relation to the investigated product from each 
country is more than de minimis and the volume of the investigated product imported 
from each country is not negligible;  and 
 
 (b) a cumulative assessment of the effects of the imports is appropriat e in light of the 
conditions of competition between the imports and the conditions of competition 
between the imported product and the like domestic product.  
 
Article 15: Examination of the Impact of the Dumped Imports on Cambodian Industry  
 
A. The examina tion of the impact of the dumped imports on the affected Cambodian industry 
shall include an evaluation by the National Committee on Trade Remedies of all relevant economic 
factors and indices having a bearing on the state of the industry, including:  
 
 (1) actual and potential decline in sales, profits, output, market share, productivity, return 
on investments, or utilization of production capacity;  
 
 (2) factors affecting domestic prices;  
 
 (3) the magnitude of the dumping margin;  and 
 
 (4) actual and pote ntial negative effects on cash flow, growth, inventories, employment, 
wages, ability to raise capital or investments.  
 
No one of these factors by itself can necessarily give decisive guidance, but the totality of the 
factors considered shall lead to the co nclusion that dumped exports occurred and is causing 
material injury to Cambodian industry.  
 
B. The National Committee on Trade Remedies shall assess the effect of the dumped imports in 
relation to Cambodian production of the like domestic product when ava ilable data permit the 
separate identification of that production on the basis of such criteria as the production process, 
producers' sales and profits. If such separate identification of that production is not possible, the 
National Committee on Trade Rem edies shall assess the effects of the dumped imports on the 
production of the product by the examination of the production of the narrowest group or range of 
products, which includes the like domestic product, for which the necessary information can be 
provided.  
 
Article 16: Threat of Material Injury  
 
A. The National Committee on Trade Remedies shall base its determination of a threat of 
material injury on facts and not merely on unjustifiable allegation or conjecture. The change in 
circumstances which would create a situation in which the dumping would cause injury must be 
clearly foreseen and imminent.  
 
B. In making a determination regarding the existence of a threat of material injury, the National 
Committee on Trade Remedies should consider such fact ors as:  
 
 (1) a significant rate of increase of dumped imports into the Cambodian market indicating 
the likelihood of substantially increased importations;  
 
 (2) an increase in production capacity of the exporter indicating the likelihood of 
substantially increased dumped exports to the Cambodian market;  
 
 (3) whether imports are entering at prices that will have a significant depressing or 
suppressing effect on prices of the like domestic product, and would likely increase 
demand for further imports;  and 
 
 (4) inventories of the investigated product.  
 
C. With respect to cases where dumped imports has threatened to cause injury, the National 
Committee on Trade Remedies shall consider and decide with special care the application of anti -
dumping measures.  G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  Article 17 : Causal Link  
 
A. The National Committee on Trade Remedies shall demonstrate that the dumped imports are 
causing material injury within the meaning of this law.  The demonstration of a causal link between 
the dumped imports and the injury to Cambodian  industry shall be based on an examination of all 
relevant evidences available to the National Committee on Trade Remedies.  
 
B. The National Committee on Trade Remedies shall also examine any known factors other 
than the dumped imports that at the same tim e are injuring the Cambodian industry, and the 
injuries caused by these other factors must not be attributed to the dumped imports.  Factors 
which may be relevant in this respect include, among other things:  
 
 (1) the volume and prices of imports not sold at dumping prices;  
 
 (2) decrease in demand or changes in the patterns of consumption;  
 
 (3) trade restrictive practices of foreign and Cambodian producers;  
 
 (4) competition between the foreign and domestic producers;  
 
 (5) developments in technology;  and  
 
(6) the ability of foreign export performance and productivity of the Cambodian industry.  
 
Article 18: Procedures for Initiating and Conducting Investigations  
 
A. The National Committee on Trade Remedies may initiate anti -dumping investigation up on a 
written application from the Cambodian industry, except in special circumstances the Committee 
may itself initiate the investigation.  An application to initiate shall include evidence of dumping, 
injury, and a causal link as d efined in this law.  The National Committee on Trade Remedies shall 
establish the procedures for initiation of an investigation, including defining when an application 
shall be considered to have been made "by or on behalf of the Cambodian industry. " The Na tional 
Committee on Trade Remedies shall not publicize the anti -dumping investigation before it is 
initiated, but shall promptly publish a notice of its decision to initiate the investigation.  
 
B. The National Committee on Trade Remedies shall make prelimi nary and final determinations 
of dumping and injury.  After a preliminary determination of dumping, the National Committee on 
Trade Remedies may impose provisional measures if it determines these measures are necessary 
to prevent injury being caused during the investigation.  
 
C. The National Committee on Trade Remedies shall establish the principles and conditions 
under which it may accept voluntary price undertaking agreements in case the exporter agrees to 
revise its sale prices to eliminate dumping.  The N ational Committee on Trade Remedies shall also 
establish procedures to address the violation of price undertaking agreements.  Investigations may 
be terminated upon the withdrawal of the application, or when the National Committee on Trade 
Remedies determ ines that there is not sufficient evidence of dumping or injury to justify 
proceeding with the case.  The National Committee on Trade Remedies shall publish a notice of its 
decision to terminate the investigation.  
 
D. The National Committee on Trade Remedie s shall establish procedures for keeping 
confidential any information submitted to the National Committee on Trade Remedies by interested 
parties that request for such treatment. The National Committee on Trade Remedies shall maintain 
a public file contain ing non -confidential information obtained during the investigation. Upon 
request, the National Committee on Trade Remedies shall hold public hearings at which all 
interested parties may participate.  The interested parties, as well as representatives of Cam bodian 
industrial users and other consumers, may also submit written comments during the investigation 
and at the hearings.  
 
E. The detailed procedures relating to the initiation and the investigation shall be determined 
by a Sub -Decree.  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  Article 19: Inv estigations Resulting in the Imposition of Anti -Dumping Duties  
 
When the National Committee on Trade Remedies concludes anti -dumping investigations by 
making affirmative determinations of injury and dumping, anti -dumping measures shall be 
imposed in accord ance with this law.  
 
Article 20: The Public Interest of Cambodia and Lesser Duty Rule  
 
A. The amount of the anti -dumping duty shall not exceed the dumping margin as established in 
this law.  When the National Committee on Trade Remedies has determined that all requirements 
for the imposition of anti -dumping have been fulfilled, it shall examine whether the imposition of 
such measure would be in the interest of Cambodia. Consideration of Cambodia 's interest shall 
include:  
 
 - the interest of Cambodian industry concerned;  
 - the situation of domestic competition for the product under investigation;  
 - the interest of consumers for industrial purpose and  
 - the interest of final consumers.  
 
If the imposition of a dumping duty deemed to serve the public in terest, the anti -dumping duty 
rate may be lower than the dumping margin.  
 
B. The National Committee on Trade Remedies shall also examine whether the anti -dumping 
duty less than the full dumping margin would be adequate to remove the injury to the Cambodian  
industry. Where the National Committee on Trade Remedies determines that such a lesser duty 
would be adequate to remove the injury, the amount of the final anti -dumping duty imposed shall 
not exceed that lesser duty.  
 
Article 21: Imposition and Collection  of Anti -Dumping Duties  
 
A. Anti-dumping duties shall take the form of ad valorem  or specific duties, imposed in addition 
to other import duties levied on the imported products concerned. These duties shall be collected 
by the Cambodian Customs Authority in the appropriate amounts in each case, on a non -
discriminatory basis on imports from all sources of such product found to be dumped and causing 
injury, except as to imports from those sources from which price undertakings under the terms of 
this law have been accepted.  
 
B. In anti -dumping investigations, the National Committee on Tra de Remedies shall establish 
an individual anti -dumping duty rate for each known exporter or producer of dumped imports 
concerned. In case where the number of individual producers is so large that may prevent the 
timely completion of the investigation, the National Committee on Trade Remedies may establish a 
common anti -dumping duty rate.  
 
C. The National Committee on Trade Remedies shall refund the duties paid in excess of the 
dumping margin and temporarily suspend the application of an anti -dumping measur e where 
market conditions have changed and the application of anti -dumping duties is not in the interest of 
Cambodia.  
 
Article 22: Retroactive Application  
 
A final anti -dumping duty shall be collected on investigated products which were entered for sale 
not more than ninety (90) days prior to the date of application of provisional measures, and not on 
product imported prior to the date of the initiation of the investigation if the National Committee 
on Trade Remedies determine, for the dumped product in qu estion, that:  
 
(a) there is a history of dumping which caused injury or that the importer was, or should 
have been, aware that the exporter practises dumping and that such dumping would 
cause injury;  and 
 
 (b) the injury is caused by massive dumped imports  of a product in a relatively short time 
and based on other circumstances, such as a rapid build -up of inventories of that 
imported product to avoid the definitive duties imposed by the Authority. In this case, G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  the National Committee on Trade Remedies shal l give the importers concerned an 
opportunity to comment on the cause of that rapid build -up of inventories.  
 
Article 23: Collection of Definitive Duties on Dumped Product for the Period of the 
Application of Provisional Measures  
 
A. Definitive anti -dumping duties  may be levied retroactively for the period for which 
provisional measures have been applied, if:  
 
 (1) the National Committee on Trade Remedies makes a final determination of injury; or  
 
 (2) the final determination of injury  is based upon a finding that during the imposition of 
provisional measures, the effect of the dumped imports would have caused material 
injury.  
 
B. Definitive anti -dumping duties may not be levied retroactively if the final injury 
determination is based u pon a finding of material retardation of the establishment of an industry.  
 
C. If the definitive anti -dumping duty is higher than the amount paid for provisional duties or 
amount estimated for the purpose of the security, the difference shall not be collec ted. If the 
definitive duty is lower than the amount estimated for the purpose of the security, the difference 
shall be reimbursed to the importer or the definitive anti -dumping duty shall be recalculated.  
 
D. Except as provided in paragraph  A above, where  the National Committee on Trade Remedies 
make a determination of threat of injury or material retardation of the establishment of an 
industry, a definitive anti -dumping duty may be imposed only from the date of the determination 
of threat of injury or mat erial retardation.  Any security provided during the period of the 
application of provisional measures shall be reimbursed to the exporter no later than 10 (ten) 
working days after the final determination.  
 
E. Where the National Committee on Trade Remedies makes a negative final determination, 
any security provided during the period of application of the provisional measures shall be 
reimbursed to the exporter no later than 10 (ten) working days after the final determination.  
 
Article 24: Principles of Durat ion and Review of Anti -Dumping Duties and Price 
Undertakings  
 
An anti -dumping duty shall remain in force only as long as for the applicable duration under this 
law and to the extent necessary to counteract dumping that is causing injury to the Cambodian 
industry.  
 
Article 25: Sunset Review  
 
Any definitive anti -dumping duty shall be terminated in 5 (five) years from its imposition or from 
the date of the most recent review on both dumping and injury. The National Committee on Trade 
Remedies shall, no later t han ninety (90) days preceding the date of expiry of the definitive 
measure, publish a notice of impending expiry of anti -dumping duty in the Official Bulletin.  
However, definitive measures may not expire if the National Committee on Trade Remedies 
determi nes, in a review initiated before the date of expiry on their own initiative or upon a duly 
substantiated request made by or on behalf of the Cambodian industry within forty -five (45) days 
from the public notice of impending termination of the definitive a nti-dumping measures 
concerned, that the expiry of the duty would be likely to lead to continuation or recurrence of 
dumping and injury.  The duty may remain in force pendin g the outcome of such a review.  
 
Article 26: Review for Change of Circumstances  
 
A. The National Committee on Trade Remedies shall review the need for the continued 
imposition of the anti -dumping duty, where deemed necessary, on its own initiative or, provided 
that at least one year has elapsed since the imposition of the definitive anti -dumping duty, upon a 
written request submitted by any interested party that contains positive information substantiating 
the need for a review.  Upon initiation of the review, the National Committee on Trade Remedies 
shall publish a notice in the Official B ulletin.  G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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B. In responding to a written request for a review, the National Committee on Trade Remedies 
shall determine whether the request contains sufficient information substantiating the need for a 
review. When conducting a review under this Article, th e National Committee on Trade Remedies 
shall determine whether the continued imposition of the anti -dumping duty is necessary to offset 
dumping or whether the injury would be likely to continue or recur if the duty were removed or 
varied, or both. If, as a  result of a review under this Article, the National Committee on Trade 
Remedies found that the anti -dumping duty is no longer necessary, the imposition of anti -dumping 
duty shall be terminated immediately.  
 
C. The National Committee on Trade Remedies shal l also establish procedures for determining 
individual dumping margins for any exporter or producer in the exporting country concerned who 
did not export the product to Cambodia during the period of investigation but who evidently 
demonstrate the desire to  export to Cambodia.  
 
Article 27: Duration and Review of Price Undertakings  
 
The provisions of this law regarding the duration and review of anti -dumping measures shall apply 
to the duration and review of price undertakings accepted under this law.  
 
Article 28: Evidence and Procedure  
 
A. The provisions of this law regarding evidence and procedure shall apply to a review carried  
out under this Chapter.  
 
B. Any such review shall be carried out expeditiously and shall normally be concluded within 
twelv e (12) months of the date of initiation of the review.  
 
 
Part 2  
Subsidies and Countervailing Measures  
 
Article 29: Subsidies and Countervailing Measures  
 
Procedures for dealing with subsidies and countervailing measures shall be determined by a Sub -
decree in accordance with this law and the provisions of the WTO Agreement on Subsidies and 
Countervailing Measures.  
 
Part 3 
Safeguard Measures and Procedures  
 
Article 30: Serious Injury and Causal Link  
 
A. A determination of whether increased imports of the investigated product have caused or 
are threatening to cause serious injury to a Cambodian industry shall be based upon an evaluation 
of all relevant factors  of an objective and quantifiable nature having a bearing on the situation of 
that industry, in particular:  
 
 (1) the rate and amount of the increase in imports of the investigated product, in absolute 
terms or relative to Cambodian production of like or directly competitive products;  
 
 (2) the share of the domestic market taken by increased imports of the investigated 
product;  
 
 (3) the impact of increased imports of the investigated product on the Cambodian 
industry, as evidenced by relevant indicators including:  production, capacity 
utilization, changes in the level of sales, productivity, profits and losses, and 
employment;  
 
 (4) factors other than increased imports of the investigated product that at the same time 
are causing or threatening to cause serious injury to the Cambodian industry.  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  B. The National Committee on Trade Remedies may only determine that increased imports of 
the investigated product have caused or are threatening to cause serious injury to a Cambodian 
industry if the Committee fou nd that there is a causal link between the increased imports and the 
actual, or threatened, serious injury.  
 
C. When factors other than increased imports of the investigated product are at the same time 
causing or threatening to cause injury to the Cambodi an industry, such injury shall not be 
attributed to the increased imports.  
 
Article 31: Threat of Serious Injury and Causal Link  
 
A. A determination by the National Committee on Trade Remedies of a threat of serious injury 
caused by increased imports shal l be based on facts and not merely on allegation, conjecture or 
remote possibility.   
 
B. In considering whether increased imports threaten to cause serious injury, the National 
Committee on Trade Remedies shall evaluate, in addition to the factors referred  to in paragraph A 
of Article 30 (Serious Injury and Causal Link) of this law, the following:   
 
 (1) the actual and potential export capacity of the country or countries of production or 
origin;  
 
 (2) any build -up of inventories in the Kingdom of Cambodia and in the countries of 
exportation;  
 
 (3) the probability that exports of the investigated product will enter the Cambodian 
market in increasing quantities.  
 
 (4) any other factor deemed relevant by the National Committee on Trade Remedies.  
 
Article 32: Initiation and Conducting of Safeguards Investigation  
 
A. When conducting safeguards investigations, the National Committee on Trade Remedies 
shall apply the principles and procedures contained in Article 18  of this Law.  
 
B. The National Committee on Trade Remedies shall establish procedures for initiating and 
terminating a safeguard investigation and providing public notices thereof. Any application may be 
withdrawn by the applicant prior to the in itiation of the investigation.  
 
C. A provisional safeguard measure may be applied by the National Committee on Trade 
Remedies b efore the safeguard investigation is completed, pursuant to a determination and finding 
that there is sufficient evidence that in creased imports have caused or are threatening to cause 
serious injury and that delay in taking action would cause damage which would be difficult to 
repair.  
 
D. Safeguard measures and procedure for the application of safeguard measures shall be 
determine d by a Sub -Decree.  
 
Article 33: Determination of Serious Injury or Threat Thereof and Causal Link  
 
A. In conformity with the provisions of this law, the National Committee on Trade Remedies 
shall base on specific evidence obtained in the investigation whe n determining whether increased 
imports of the investigated product have caused or threaten to cause serious injury to the 
Cambodian industry.  
 
B. Upon reaching its determination, whether negative or affirmative, as to serious injury or 
threat thereof, th e National Committee on Trade Remedies shall immediately publish a notice of its 
determination in the Official Bulletin. The content of the notice shall conform with the requirements 
for the contents of notices regarding safeguard investigations.  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  C. The Royal Government of Cambodia shall immediately notify the World Trade Organization if 
it is determined that increased imports have caused or threaten to cause serious injury to the 
Cambodian industry.  
 
Article 34: General Principles for Definitive Saf eguard Measures  
 
A. Where the National Committee on Trade Remedies determines that the investigated product 
is being imported in such increased quantities and under such conditions as to cause or threaten to 
cause serious injury to the Cambodian industry a s a result of unforeseen developments and of the 
effect of obligations incurred by the Royal Government of Cambodia under the GATT 1994 and to 
protect public interest, the National Committee on Trade Remedies shall recommend to the Royal 
Government of Camb odia that the definitive measures be applied. Such definitive measures consist 
of tariff increase to higher than bound rates or quantitative import restrictions.   
 
B. The duration and level of any definitive safeguard measure shall be no t more than  necessary  
to prevent or remedy serious injury and to facilitate adjustment.  
 
C. In deciding whether to recommend the Royal Government to apply a definitive safeguard 
measure, the National Committee on Trade Remedies shall take into account the fact that:  
 
 1. the WTO Members whose trade interests would be negatively affected by the 
application of the measure may ask for compensation from Cambodia by requesting 
Cambodia to provide increased market access for other products of their export 
interests; or  
 
 2. if Cambodia is not agreeable on the requested compensation referred to in paragraph 
1, the National Committee on Trade Remedies shall take into account the benefit and 
cost resulting from retaliation measures that may be taken by those affected WTO 
Membe rs in the form of suspension of substantially equivalent concessions provided to 
Cambodia under GATT 1994, provided that such suspension is not disapproved by the 
Council for Trade in Goods of the WTO. The Member 's right of suspension of 
equivalent concess ions of shall not be exercised for the first 3 (three) years that a 
safeguard measure is in effect, provided that the measure has been taken as a result 
of an absolute increase in imports.  
 
D. Upon recommending a decision regarding the application of a def initive safeguard measure, 
the National Committee on Trade Remedies shall publish a notice regarding the application of a 
definitive safeguard measure in accordance with the requirements for the contents of notices 
regarding safeguard investigations.  
 
Article 35: Notification and Consultation with WTO Members  
 
A. Upon a decision to apply a definitive safeguard measure, the Royal Government of 
Cambodia shall notify the WTO regarding:  
 
 - the evidence of serious injury or threat thereof caused by increased im ports;  
- the precise description of the investigated product, the form, level and duration of the 
proposed measure;  
 - the proposed date of application of the measure, and, if relevant, the proposed 
timetable for its progressive liberalization.   
 
B. Before a definitive safeguard measure is applied, the Royal Government of Cambodia shall 
provide adequate opportunity for consultations with those WTO Members having a substantial 
interest as exporters of the investigated product, with a view to inter alia  reviewing the 
information notified to the WTO Committee on Safeguards regarding the finding of serious injury 
or threat thereof caused by increased imports and regarding the proposed measure. The Royal 
Government of Cambodia shall provide adequate opportu nity for the exchange of views about the 
measure, with a view to reach an understanding on ways to achieve the objective set forth in 
paragraph C of this Article.   
 
C. In applying a definitive safeguard measure, the Royal Government of Cambodia shall 
endea vour to maintain a substantially equivalent level of concessions and other obligations to that G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  existing under GATT 1994 between Cambodia and the exporting Member(s) that would be affected 
by such measures.  
 
D. For the purposes of maintaining a substantially equivalent level of concessions and other 
obligations between Cambodia and the affected exporting Member(s), agreement may be reached 
through the consultations on trade compensation, such as market access for other products, for 
the adverse e ffects of the definitive safeguard measure on the trade of the affected WTO 
Member(s).  
 
E. The Royal Government of Cambodia shall notify the WTO of the results of the consultations, 
including any compensation granted.  
 
Article 36: Form and Application of a  Definitive Safeguard Measure  
 
A. A definitive safeguard measure shall be applied in the form of either a tariff increase or a 
quota on imports.  A tariff increase may also take the form of a tariff -rate quota in which higher 
tariffs are imposed on imports above a certain annual quantity.  
 
B. Any definitive safeguard measure shall be applied to all imports of the investigated product, 
irrespective of its source or date before or after which the measure takes effect.  
 
C. The Customs Authority shall be respons ible for the collection of cash gained from the 
application of a definitive safeguard measure in the form of a tariff increase. The Ministry of 
Commerce shall be responsible for the administration of procedures to allocate quantities under a 
definitive saf eguard measure in the form of a quantitative restriction and a tariff -rate quota.  
 
Article 37: Non-application of a Definitive Safeguard Measure to Certain Developing 
Countries  
 
A. The National Committee on Trade Remedies shall not apply a definitive safeg uard measure 
to imports of the investigated product originating in a WTO developing country Member as long as 
those imports do not exceed three per cent (3%) of Cambodia 's total imports of the investigated 
product.  
 
B. If imports from developing country M embers which individually account for less than 3% 
(three per cent) of Cambodia 's imports of the investigated product collectively account for more 
than 9% (nine per cent) of Cambodia 's total imports of the investigated product, the National 
Committee on T rade Remedies shall apply a definitive safeguard measure to such imports from 
those developing country Members.  
 
C. The Royal Government of Cambodia shall notify the non -application of a definitive safeguard 
measure to imports originating in a developing c ountry Member to the WTO.  
 
Article 38: Duration of the Application of a Definitive Safeguard Measure  
 
A. A definitive safeguard measure shall be applied for a period of no more than 4 (four) years, 
unless it is extended as provided for in this law.  
 
B. The total duration of the application of a definitive safeguard measure, including the period 
of initial application, and any extension, shall not exceed 10 (ten) years.  
 
Article 39: Progressive Liberalization of Definitive Safeguard Measure  
 
A definitive  safeguard measure whose period of application exceeds one year shall be 
progressively liberalized at regular intervals during the period of application, in accordance with 
the schedule published in the "Notice Regarding Application of a Definitive Safegua rd Measure " of 
the National Committee on Trade Remedies.  
 
Article 40: Review of a Definitive Safeguard Measure  
 
A. If the duration of the application of a definitive safeguard measure exceeds 3 (three) years, 
the National Committee on Trade Remedies shall conduct a review on the general situation of the G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  application of a definitive safeguard measure no later than the mid -term of the period of 
application of the measure. The review should include the effects of the definitive safeguard 
measure on the Cambodia n industry concerned, and of the industry's progress in implementing its 
adjustment plan. The results of the review shall be published in the Official Bulletin of the National 
Committee on Trade Remedies. Based on the results of this review, the National C ommittee on 
Trade Remedies shall decide to maintain or withdraw the definitive safeguard measure or to 
increase the pace of its liberalization.   
 
B. A "Notice to Maintain, Liberalize or Withdraw a Definitive Safeguard Measure ", summarizing 
the results of t he review, shall be published in the Official Bulletin of the National Committee on 
Trade Remedies. The contents of such notice shall conform to the requirements for the contents of 
notices regarding safeguard investigations.  
 
C. The Royal Government of Ca mbodia shall notify the results of the review, including the 
withdrawal or any modification of the definitive safeguard measure, to the WTO.   
 
Article 41: Extension of the Application of a Definitive Measure  
 
A. Not less than 6 (six) months before the end  of the initial period of the application of 
definitive safeguard measure, the Cambodian industry may submit to the National Committee on 
Trade Remedies a written request for the extension of the application of the initial safeguard 
measure, including evid ence that the industry is progressively implement ing its adjustment plan.  
 
Upon receiving the request from Cambodia industry or before starting the imposition of extended 
application of the initiated measure, the National Committee on Trade Remedies shall conduct an 
investigation to ensure that the extension is warranted. A safeguard measure may be extended 
one time only, for a period of not more than 6 (six) years.  
 
B. The National Committee on Trade Remedies may extend a definitive safeguard measure only 
if it determines through the investigation referred to in paragraph A of this Article that the 
safeguard measure continues to be necessary to prevent or remedy serious injury, and that there 
is evidence that the Cambodian industry is adjusting.  
 
C. An ext ended definitive safeguard measure shall not be more restrictive than the measure in 
place at the end of the initial period of application.  During the extension period, the National 
Committee on Trade Remedies shall continue to progressively liberalize tho se measures in 
accordance with the revised schedule published in a Notice of Application of a Definitive Safeguard 
Measure. Such Notice shall conform to the requirements for the contents of notices regarding 
safeguard investigations.  
 
D. In extending the application of a definitive safeguard measure, the Royal Government of 
Cambodia shall endeavour to maintain a substantially equivalent level of concessions and other 
obligations to that existing under GATT 1994 between Cambodia and the exporting Members wh ich 
would be affected by such measures.  
 
E. The requirements pertaining to notifications to the WTO, and pertaining to consultations with 
exporting Members whose interests would be affected by measures taken under this law, shall 
apply in full to any exten sion of a definitive safeguard measure . 
 
Article 42: Reapplication of a Safeguard Measure  
 
A. The National Committee on Trade Remedies shall not apply again any new safeguard 
measure to the imported product that has been subject to an earlier definitive sa feguard measure, 
provided the period of non -application is at least two (2) years since the end of the initial definitive 
safeguard measure. In the circumstance that the initial definitive safeguard measure has been 
applied for a period of more than 4 (fou r) years, the National Committee on Trade Remedies shall 
wait at least half of the duration of the initial definitive safeguard measure has elapsed before 
applying any new measure.  
 
B. A safeguard measure with a duration of 180 (one hundred and eighty) da ys or less shall be 
applied again to the imports of an investigated product that was the subject of an earlier safeguard 
measure if:  G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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 (1) at least 1 (one year) has elapsed since the date of imposition of the earlier safeguard 
measure on that imported prod uct; and  
 
 (2) a safeguard measure has not been applied on the imported product more than twice 
in the 5 (five) year period preceding the date on which the new safeguard measure is 
to take effect.  
 
CHAPTER IV  
JUDICIAL REVIEW  
 
Article 43: Judicial Review  
 
A. Any interested party who participated in an investigation, or refund procedure, or review 
conducted by the National Committee on Trade Remedies by submitting information or written 
argument, or participating in any public hearing, may file an appeal to the court of jurisdiction 
seeking prompt review of actions taken by the National Committee on Trade Remedies relating to 
final determinations, reviews of determinations, and refund determinations.  
 
B. Appeals contained in paragraph 1 of this Article shall  be filed not less than 30 (thirty) days 
after the date of publication of those determinations in the Official Bulletin of the National 
Committee on Trade Remedies.  
 
C. In circumstances when the trade remedy measure is subject to judicial review, the Custo ms 
Authority shall suspend the collection of trade remedy duties at the entries port of subject 
merchandise if the importer provides security, by cash deposit or bond in accordance with the Law 
on Customs, equal to the amount of such duties.  The trade reme dy duties at these entries port 
shall be collected in accordance with the final court decision.  
 
CHAPTER V  
PENALTIES  
Article 44: 
 
A. Any violation of the provisions of this law shall be punished by applicable regulations and 
laws of the Kingdom of Cambodia.  
 
B. If the National Committee on Trade Remedies finds that the information provided to it in 
support of an application for investigation, an anti -dumping or safeguard measure has been 
falsified, anti -dumping or safeguard measures shall be revoked, or the investigation shall be 
terminated.  
 
 
CHAPTER VI  
FINAL PROVISIONS  
Article 45: 
 
Any provisions of laws and regulations contrary to the provisions of this law shall be null and void.  
 
 
 
 
 
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  ANNEX  
 
(a) "Trade remedy " refers to:  
 
  - Anti-dumping measures;  
  - Subsidies and countervailing measure; and  
  - Safeguards measures.  
 
(b) "Trade remedy duty " refers to a duty applied to an imported product as the result of an 
anti-dumping or safeguards investigation.  
 
(c) "Member" refers to Member of the World Trade Organization.  
 
(d) "Country" refers to WTO Members and any other non -WTO Member country or autonomous 
customs territory.  
 
(e) "National Committee on Trade Remedies" refers to the competent authority leading the 
investigations on m atter relating to anti -dumping measures, subsidies and countervailing 
measures and safeguards measures.  
 
(f) "Cambodian industry"  refers to producers as a whole of the domestic like product or of 
products made from a major proportion of the total domestic production, except that when 
producers are related to the exporters or importers or are themselves importers of the allegedly 
dumped or subsidized investigated product. "Cambodian industry" shall be interpreted as referring 
to the rest of the producers. Fo r the purposes of this definition, producers shall be deemed to be 
related to exporters or importers only if:  
 
 (1) one of them directly or indirectly controls the other;  or 
 
(2) both of them are directly or indirectly controlled by a third person;  or 
 
(3) together they directly or indirectly control a third person and provided that there are 
grounds for believing or suspecting that the effect of the relationship is such as to 
cause the producer concerned to behave differently from non -related producers. Fo r 
the purposes of this definition, one shall be deemed to control another when the 
former is legally or operationally in a position to exercise restraint or direction over 
the latter . 
 
(g) "like domestic product" refers to a domestic product which is ident ical, i.e. alike in all 
respects to the investigated product.  
 
(h) "dumping margin" refers to the difference between the export price and the normal value 
based on the result of the comparison in accordance with the provisions of this law;  
 
(i) "de minimi s dumping margin " refers to a margin of dumping that is less than two 
(2%) per cent, expressed as a percentage of the export price.  
 
(j) "material injury" refers to material injury to a Cambodian industry, threat of material 
injury to a Cambodian industry or material retardation of the establishment of a Cambodian 
industry;  
 
(k) "interested parties" for anti -dumping refers to:  
 
(1) the exporter(s) or foreign producer(s) of the investigated product;   
 
(2) the importer(s) of the investigated product;   
 
(3) trade or business association(s) a majority of the members of which are producers, 
exporters or importers of the investigated product;  G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  (4) the government(s) of the exporting country(ies);  
 
(5) the producer(s) of the domestic like or directly competitive prod uct in the Kingdom of 
Cambodia;   
 
(6) trade and business association(s) a majority of the members of which produce the 
domestic like product in the Kingdom of Cambodia.  
 
(l) "investigated product"  refers to the product subject to an anti-dumping or subsidi es 
investigation as described in the notice of initiation of the investigation .  
 
(m) "like product for anti -dumping investigation" refers to a product which is identical, i.e. 
alike in all respects to the investigated product, or another product which, al though not alike in all 
respects, has characteristics closely resembling those of the investigated product.  
 
(n) "serious injury" refers to a significant overall impairment to a Cambodian industry which is 
unable to repair immediately . 
 
(o) "threat of seri ous injury" refers  to serious injury that is clearly imminent;  
 
(p) "interested parties " for safeguards refer to:   
 
- the exporter (s) and foreign producer(s) of the investigated product;   
 
- the importer(s) of the investigated product;  
 
- trade or business association(s) a majority of the members of which are producers, 
exporters or importers of the investigated product;  
 
- the government(s) of the exporting country or countries;  
 
- the producer(s) of the domestic like or directly competitive produc ts in the Kingdom of 
Cambodia;   
 
- trade and business association(s) a majority of the members of which are producers 
of the domestic like or directly competitive products in the Kingdom of Cambodia;  
 
- labour unions or other professional organizations rep resenting the interests of workers 
in the Cambodian industry;  
 
- consumer associations;  
 
- users of the investigated product;  
 
- any other natural or legal person which the National Committee on Trade Remedies 
determines to have a sufficient interest in th e outcome of the investigation.   
 
(q) "Participating interested parties" refers to those interested parties that have indicated 
their interest in participating in an investigation, as allowed by this law.  
 
(r) "Equivalent concessions " refers to the equivalent level of tariff concession given by each 
WTO Member under the General Agreement on Tariff and Trade 1994.  
 
(s) "Inventories " refers to items listed in a company 's inventory list.  
 
(t) "Security " refers to a financial security or other financial bond as a guarantee of payment 
of duties, taxes and other incidental charges in accordance with the provisions of this law.  
 
(u) "Dumping " refers to an investigated product that is being introduced into t he commerce of 
the Kingdom of Cambodia at a price that is less than its normal value in country of origin.  
 G/ADP/N/1/KHM/2 • G/SCM/N/1/KHM/2 • G/SG/N/1/KHM/2  
 
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  (v) "Normal Value " refers to:  
 
1. Normal Value Based on Price in the Country of Export or Country of Origin  
 
In this case, the normal value of the i nvestigated product shall be determined on the basis of the 
comparable price paid or payable, in the ordinary course of trade, for sales of the like product 
when destined for consumption in the exporting country.  
 
2. Normal Value Based on Export Price to a  Third Country or on Constructed  
 
When there are no sales of the like product in the domestic market of the exporting country, or 
when such sales do not permit a proper comparison because of the market situation or the low 
volume of the sales in the domest ic market of exporting country, the normal value of the 
investigated product shall be established basing on either of the following:  
 
- on the basis of a comparable price of the like product when exported from the country 
of origin to an appropriate third  country, provided that this price is representative; or  
 
- on the basis of the cost of production in the country of origin plus a reasonable 
amount for administrative, selling and general costs and for profits.  
 
(w) "Export Price " refers to price actually  paid or payable for the investigated product when 
exported for sale from the exporting country to the Kingdom of Cambodia.  
 
In cases where there is no export price or where the export price is unreliable because of 
association or a compensatory arrangemen t between the exporter and the importer or a third 
party:  
 
(1) the export price may be constructed on the basis of the price at which the imported 
products are first resold to an independent buyer; or  
 
(2) the export price may be determined based on reason able ground if the products are 
not resold to an independent buyer, or not resold in the condition as imported.  
 
In the case where the normal value is determined on the basis of the country of origin, the export 
price shall be the price actually paid or payable for the investigated product when exported for sale 
from the country of origin.  
 
(x) "Safeguard measure " refers to measures taken by the Royal Government to protect 
domestic  industry if there is an unanticipated surge in imports, in absolute terms or  relative to 
Cambodian production of like or directly competitive products,  which have caused or are 
threateni ng to cause serious injury to Cambodian industry.  
 
 
__________