ភ្លេចពាក្យសំងាត់  |  ផ្លាស់ប្តូរពាក្យសំងាត់  |  បង្កើតគណនីថ្មី
ចូលគណនី
គណនីរបស់ខ្ញុំ
ជ្រើសរើសភាសា:

Law on trade remedy

 

LAW

ON

TRADE REMEDY

 

 

Royal Kram

NorSor/RorKorMor/1117/014

We

Preahkaruna Preah Bath Samdech Preah Boromneath Norodom Sihamoni Samanphoum Cheatsasna Rakhatkhateya Khemrarothreas Puthinthrea Thoreamohaksat Khemreachnea Samohorpheas Kampuch Ekreachroathboranaksanteh Sopheakmongkulea Sereyvibolar Khemarasreypireas Preah Chao Krong Kampuchea Thipadey,

  • Having seen the Constitution of the Kingdom of Cambodia;
  • Having seen the Royal Degree No. NorSor/RorKorTor/0913/903, dated September 24, 2013 on the Appointment of the Royal Government of the Kingdom of Cambodia;
  • Having seen Royal Kram (Royal Code) No. 02/NorSor/94, dated July 20, 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers;
  • Having seen Royal Kram (Royal Code) No. NorSor/RorKorMor/0196/16, dated January 24, 1996, promulgating the Law on the Establishment of the Ministry of Commerce;
  • Having seen the proposaln of Samdech Akka Moha Sena Padei Techo Hun Sen, Prime Minister of the Kingdom of Cambodia;

Promulgate

          Law on Trade Remedy as adopted by the National Assembly on October 13, 2017, at the 9th plenary session of the 5th legislature and as approved by the Senate as to its entire form and substance without further revision on October 27, 2017 at the 11th plenary session of the 3rd legislature and whose meaning is as follows:

 

 

Chapter 1

General Provision

Article 1: Purpose

          This law is aimed at safeguarding and countervailing negative impacts on industry in Cambodia, as a result of unfair and large volume of imports, by using trade remedy measures in line with the relevant agreements of the World Trade Organization (WTO).

Article 2: Goal

          The goal of this law is to determine the principle, mechanism, procedure and rules with regards to trade remedy.

Article 3: Scope of application

          This law applies to dumping, subsidies and countervailing duties, and safeguard measures for trade in the Kingdom of Cambodia in line with relevant agreements of WTO.

Article 4: Definition

          Main terms used in this law shall be defined in the glossary in the annex hereof.

Chapter 2

National Committee of Trade Remedy

Article 5: National Committee of Trade Remedy

            The National Committee of Trade Remedy (NCTR) shall be established under the chairmanship of Minister of Commerce, joined by relevant ministries/institutions, to perform relevant duties of trade remedy in line with provisions of this law.

            The organization and functioning of NCTR shall be set out in the sub-decree.

Chapter 3

Trade Remedy Procedure

Part 1

Anti-dumping action

Article 6: Determination of dumping

            Any product which is being investigated and distributed for the trade purpose in the Kingdom of Cambodia at the price lower than the normal value in the country of origin is considered as being dumped.

Article 7: Normal value based on the price in the exporting country or country of origin

            NCTR shall determine the normal value of the product being investigated based on the comparison price paid or payable in the ordinary course of trade for the like product sold and delivered to consumers in the exporting country.

Article 8: Normal value based on the export price to a third country or established price

            When there are no sales of the like product in the domestic market of the exporting country or when, because of the particular market situation or the low volume of the sales in the exporting country, such sales do not permit a proper comparison, NCTR shall establish the normal value of product being investigated based on either paragraph (1) or (2) as follows:

            1- Comparable price of the like product when being exported from the country of origin to a third country, provided that the price of the like product can be representative to be used as the basis for determination; or  

            2- Production cost in the country of origin, plus reasonable amount of administrative, selling and other costs and for profits.

Article 9: Export price

            Export price shall be determined as follows:

            A- Export price is the price actually paid or to be paid for products being investigated, when sold for export from the exporting country to Cambodia.

            B- If there is no export price or when NCTR believes that the export price is unreliable because the sale is made through an association or a compensatory arrangement between the exporter and the importer or a third party, so:

  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. NCTR may determine the export price on a reasonable basis if the products are not resold to an independent buyer, or are resold in the modified condition following the import.

C-  when NCTR determines the normal value based on the country of origin, the export price shall be the price actually paid or to be paid for products being investigated, when sold for export in such country of origin.

Article 10: Adjustment of normal value and export price

            NCTR must make a fair comparison between the export price and normal value. This comparison shall be made at the same location of trade, normally at the ex‑factory level, and in respect of sales made at the similar time. A fair adjustment must be made when there is such difference affecting the price comparison.

Article 11: Level of each dumping

            NCTR shall determine the level of dumping by each exporter or producer for products being investigated. However, NCTR may limit their examination and outcome of level of each dumping to a reasonable number for interested parties or products being investigated.

Article 12: Determination of injury

The determination of any material injury shall be made based on positive evidence and the objective examination of the following:

A- the volume of dumped imports;

B- the effect of the dumped imports on prices for like products in the domestic market; and

C-  the consequent impact of these imports on domestic producers of such products.

Article 13: Examination of volume of dumped imports and impact on prices in Cambodia

A- With regard to the volume of  dumped imports, NCTR shall take account of a noticeably significant increase in dumped imports, either in absolute terms or relative to production or consumption in Cambodia.

            B. With regard to impacts of dumped imports on prices in Cambodia’s market, NCTR shall consider if:

                        1- there is a noticeably significant reduction of prices as a result of the dumped imports, as compared with the prices of like products in the domestic market; or

                        2- the effects of these products depress the prices to a noticeably significant degree or may prevent the prices for like products in the domestic market from increasing to the market price level, and if there is no such prevention, the prices would have increased.

            C. Besides the factors in paragraph (A) and (B) hereof, NCTR may consider other factors that cause significant changes of prices for like products in the domestic market.

Article 14: Cumulative investigation

Where imports of like product from more countries are simultaneously subject to investigations for dumping, NCTR may cumulatively assess the effects of such imports on Cambodia’s industries, only if NCTR finds that:

A- The level of dumping found in relation to the imports from each country is more than the minimum level and the volume of imports being investigated from each country is low and

B- A cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic products.

Article 15: Examination of impact of dumped products on Cambodia’s industry

  •  The examination of the impact of dumped products on the affected industry of Cambodia shall include an evaluation by NCTR of all economic factors and indices having an impact 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 which affect domestic prices; 

3- the magnitude of the level of dumping; 

4- the actual and potential negative effects on cash flow, increase in inventories, employment, wages, growth, ability to raise fund or investment capital.

Any of the above factors may not be the basis for decision-making, but all the factors together can be considered to reach the conclusion that imports are being dumped and are causing material injury to Cambodia’s industry.

B. NCTR shall assess the effect of the dumped imports on Cambodia’s production of the domestic like product when there are sufficient data to break down the production process, producers' sales and profits. When it is impossible to break down, NCTR shall assess the effect of dumped imports on the production of small groups or other range of products, including the like domestic products, upon the available necessary information.

Article 16: Threat of material injury

            A- NCTR shall determine a threat of material injury, based on facts, and shall not make such determination based on groundless allegation or conjecture. Where there is any change of situation leading to dumping which can cause material injury, it shall be foreseeable and imminent.

            B- NCTR shall determine the existence of treat of material injury based on the following factors:

            1- Noticeable rate of increase of dumped import into Cambodia’s market indicating the substantially increased importation.

            2- Increase in production capacity of exporters which indicates the likelihood of substantially increased dumped exports into Cambodia’s market.

            3- Imports are selling at the prices which depress or suppress the price of like domestic producsts  and would likely increase the demand for increased imports.

            4- Inventories of products being investigated.

            C- If there are dumped imports, causing any threat of material injury, NCTR shall examine and take very cautious measures.

Article 17: Causal relationship

A- NCTR shall prove that dumped imports are causing material injury for the purpose of this law. Proving the causal relationship between dumped imports and injury to Cambodia’s industry shall be based on all relevant evidence collected by NCTR.

B- NCTR shall also examine other factors than dumped imports, which are causing injury to Cambodia’s industry, and such injury caused by other factors shall not be attributed todumped imports. Those factors include:

1- Volume and price of import are not sold at the dumped price;

2- Decreased demand or change in consumption;

3- Trade restrictions on Cambodian and foreign producers;

4- Competition between foreign and domestic products;

5- Technological development; and

6- Likelihood of foreign export and the productivity of Cambodia’s industry.

Article 18: Initiation and investigation

            A- NCTR may intitate the investigation into any alleged dumping either upon the written request of Cambodia’s industry or on its own. The request for initiation shall include evidence of dumping, injury and causal relationship as contained herein. NCTR shall, on its own or on behalf of Cambodia’s industry, set out the initiation procedure and the criteria for consideration in light of the request. NCTR shall not publish the investigation of dumped imports prior to the initiation but shall publish promptly the notice of the decision of initiation of investigation.

            B- NCTR shall issue preliminary and final decisions on the dumping and injury. Following the preliminary decision that there is dumping, NCTR may take provisional measures, if NCTR can determine that such measures are necessary to prevent any injury during the investigation.

            C- NCTR shall determine the principle and conditions related to voluntary price undertakings if the exporters undertake the prices to eliminate the dumping. NCTR shall set out the resolution procedure, when the price undertakings are violated. The investigation can be terminated when the request for investigation is withdrawn or when NCTR finds and decides that there is no sufficient evidence of dumping or injury to proceed with the case. NCTR shall publish its decision of termination of investigation.

            D- NCTR shall set out the procedure for keeping confidential all information provided for NCTR by interested parties and its confidentiality is requested. NCTR shall keep the public documents containing non-confidential information obtained during the investigation. Upon the request, NCTR shall organize and carry out the public hearing, in which all interested parties can participate. All interested parties, the representative of Cambodia’s industry consuming the products or other consumers can express their opinion in writing during the investigation and hearing.

            E- The detailed procedure of initiation and investigation shall be set forth in the sub-decree.

Article 19: Investigation leading to anti-dumping duties

            When NCTR finishes the dumping investigation with the decision that there are the injury and dumping, the anti-dumping measures shall be applied pursuant to this law.

Article 20: Public interest of Cambodia and lower duty rule

            A- Anti-dumping duties shall not be more than the level of dumping as specified herein. When it is found that all requirements for imposing anti-dumping duties have been fulfilled, NCTR shall verify that the imposition of such measure truly serves the interest of Cambodia. The consideration of Cambodia’s interest shall include:

            - the interest of Cambodia’s industry concerned;

            - the condition of domestic competition for products being investigated;

            - the interest of consumers for industrial purposes; and

            - the interest of end users.

            If the anti-dumping duty is to serve the public interest, the duty shall be determined at the rate lower then the level of dumping.

            B- NCTR shall also examine whether anti-dumping duties at the rate lower than the complete level of dumping are truly sufficient to eliminate the injury to Cambodia’s industry.  When NCTR determines that the duty rate is sufficient to eliminate the injury, definitive anti-dumping duties to be imposed shall not exceed this lower rate.  

Article 21: Imposition and collection of anti-dumping duties

            A- Anti-dumping duties shall be imposed and collected at the rate or unit price in addition to the duty rates for imported products. Anti-dumping duties shall be collected by Cambodia’s Custom Administration in the appropriate amounts in each case, on a non-discriminatory basis on imports of such products from all sources found to be dumped and causing injury, except for imports for which price undertakings are accepted under the condition of this law.

            B-  In anti-dumping investigation, NCTR shall determine separate anti-dumping duties for exporters or producers of dumped imports. If there are many of these producers, causing the obstacles to the timely completion of the investigation, NCTR may determine collective anti-dumping duties.

            C- NCTR shall reimburse the paid duty amount exceeding the level of dumping and suspend the application of anti-dumping measures temporarily, when there is a change in market situation and the application of anti-dumping duties does not serve the interest of Cambodia.

Article 22: Retroactivity

             Definitive anti-dumping duties shall be collected for the investigated products under investigation which are imported for sale not more than 90 (Ninety) days before the date of application of provisional measures, but it shall not be collected for the products imported before the date of initiation of investigation, if NCTR determines with regards to the dumped products that:

            A- There is a history of dumping, which caused the injury or importers knew or would have known that exporters dumped it and it caused the injury; and

            B- The injury results from the massive dumped imports in a short time and circumstances such as a rapid build-up of inventories to evade the collection of definitive duties by authorities. In this case, NCTR shall give an opportunity for those relevant importers to give reasons for such rapid build-up of inventories.

Article 23: Collection of definitive duties for dumped products while applying provisional duty measures

            A- Definitive anti-dumping duties can be collected retroactively for the duration for which provisional measures have already been applied, if:

            1- NCTR enters into the final decision of injury; or

            2- The final decision shall be in light of the ground that while applying provisional measures, the effect of dumped imports continues to cause material injury.

            B- If the final decision of injury finds only the retardation of any industry, the collection of definitive anti-dumping duties shall not be applied retroactively.

            C- If the definitive anti‑dumping duty is higher than the already paid provisional duties or the amount estimated for the purpose of the security, the difference shall not be collected.  If the definitive duty is lower than the already paid provisional duty, or the amount estimated for the purpose of the security, the difference shall be reimbursed or the definitive anti-dumping duty recalculated.

D- Except as provided in paragraph A above, if NCTR enters into the decision of threat of injury or retardation of any industry, a definitive anti‑dumping duty to be paid or payable may be imposed only from the date of the decision of threat of injury or retardation of any industry. Any security granted during the period of the application of provisional measures shall be refunded to exporters not later than 10 (Ten) working days.

E- If NCTR enters into a negative final decision, any security granted during the period of application of provisional measures shall be refunded to exporters not later than 10 (Ten) working days.

Article 24: Principles on the duration and review of anti-dumping duties and price undertakings

            Anti-dumping duties shall be effective for the duration as stipulated in this law and to the extent necessary to counteract only the dumping which is causing injury to Cambodia’s industry.

Article 25: Review

          Any definitive anti‑dumping duty shall be terminated within 5 (five) years from the date of imposition or from the date of the most recent review of dumping and injury. 90 (Ninety) days prior to the expiry of definitive anti-dumping duty measures, NCTR shall publish the notice of such expiry in the official bulletin. The definitive duty measure may not expire if NCTR determines that the expiry of scuh measure would lead to the continuation of or recurrence of dumping and injury, according to a review initiated before that expiry date on the initiative of NCTR or upon a proper subsequent request made by or on behalf of Cambodia’s industry within 45 (Forty Five) days from the notice of expiration of anti-dumping measures. The duty may remain in force pending the outcome of such a review.

Article 26: Review in the change of situation

A- NCTR shall review the need for the continued imposition of the duty, if it is found to be needed on their own initiative or upon a written request by any interested party which submits sufficient positive information for a review within at least 1 (one) year from the date of imposition of definitive anti-dumping duties. When initiated for the review, NCTR shall publish the notice in official bulletin.

B- NCTR shall set out that the request for a review shall include sufficient information. When a review is carried out hereunder, NCTR shall determine whether the continued imposition of anti-dumping duties is truly needed to eliminate the dumping or injury that is likely to continue or recur if such duties are terminated or adjusted or both. If NCTR reviews and finds that the continued imposition of anti-dumping duties is no longer needed, the imposition of anti-dumping duties shall be promptly terminated.

C- NCTR shall set out the procedure for calculating the level of each dumping for any exporter or producer in the exporting country concerned who is not exporting dumped products to the Kingdom of Cambodia during the investigation, but there are documents substantiating their intent to export such products to the Kingdom of Cambodia.

Article 27: Duration and review of price undertakings

            Provisions contained herein which govern the duration and review of anti-dumping measure shall be applied to the duration and review of price undertakings.

Article 28: Evidence and procedure

            a- Provisions contained herein which govern the evidence and procedure shall be applied to the review contained in this chapter.

            b- Any such review shall be conducted expeditiously and completed within 12 months of the date of initiation of review.

Part 2

Subsidies and countervailing duty measures

Article 29: Subsidies and countervailing duty measures

            Subsidies and counterwailing duty measures shall be set out in the sub-decree, pursuant to this law and provisons of the agreements of WTO concering subsidies and countervailing duty measures.

Part 3

Safeguard measure and procedure

Article 30: Serious injury and causal link

            A- The decision that the increased imports under investigation have caused or are threatening to cause serious injury to Cambodia’s industry shall be made by evaluating all relevant impartial and measurable factors linked to the situation of such industry, including:

            1-the rate and volume of increased imports being investigated in absolute term or relative to Cambodia’s production of like or directly competitive products.

            2-the share of domestic market taken by increased imports being investigated.

            3-the effects of increased imports being investigated on Cambodia’s industry, which can be constructed by relevant indicators, including production, utilization of capacity, change in sale, productivity, profit and loss, as well as quantity.

            4-other factors than the increased imports being investigated which have caused or are threatening to cause serious injury to Cambodia’s industry at the same time.

            B- NCTR can decide that the increased imports being investigated have caused or are threatening to cause serious injury to Cambodia’s industry, only if NCTR finds that there is a causal link between the increasd imports and the actual serious injury or threat of serious injury.

            C- When other factors than the increased imports being investigated have caused or are threatening to cause serious injury at the same time, such injury shall not be attributed to increased imports.

Article 31: Threat of serious injury and causal link

            A- The decision by NCTR of a threat of serious injury caused by increased imports shall be based on facts and not merely on allegation, conjecture or remote possibility.

            B-When taking account of the increased imports that threaten serious injury, NCTR shall evaluate the following factors, in addition to factors as stipulated in Article 30(A) hereof:

            1-the actual capacity or ability to export of any countries or producing countries or countries of origin;

            2-the increase in any inventories in the Kingdom of Cambodia and in exporting country;

            3-the ability to export the inceased volume of products being investigated into Cambodia’s market;

            4-other factors deemed relevant by NCTR.

Article 32: Initiation and investigation for safeguard measures

            A- When carrying out the investigation for safeguard measures, NCTR shall comply with the principles and procedures stipulated in Article 18 hereof.

            B- NCTR shall set out the procedures for initiating and completing the investigation for safeguard measures, and issue the public notice of those procedures. Any person who submits the request for investigation can withdraw the request before the initiation of investigation.

            C- Before the completion of the investigation for safeguard measures, NCTR shall take provisional safeguard measures pursuant to the decision and findings that there is sufficient evidence that the increased imports have caused or are threatening to cause serious injury and that the delay would cause damage which it would be difficult to repair.

            D- safeguard measures and procedures of application shall be set out in the sub-decree.

Article 33: Determination of serious injury or threat of serious injury and causal relationship

            A- NCTR shall rely on specific evidence obtained during the investigation to determine that the increased imports being investigated have truly caused or are threatening to cause serious injury to Cambodia’s industry pursuant to the provsions hereof.

            B- Following the determination, whether negative or positive, with regards to serious injury or threat of serious injury, NCTR shall promptly publish the notice of determination in the official bulletin. The contents of the notice shall follow the required conditions for the notice of investigation for safeguard measures.

            C- The Royal Government of Cambodia (RGC) shall give a prompt notice to WTO if there is a determination that increased imported have caused or are threatening to cause serious injury to Cambodia’s industry.

Article 34: General principles on safeguard measures

            A- Where NCTR determines that imports being investigated are increasing in a situation that have caused or are threatening to cause unforeseeable serious injury to Cambodia’s industry, as a member of the General Agreement on Tariff and Trade 1994 (GATT 1994), and to protect the public interest, NCTR shall provide a recommendation for RGC to implement definitive safeguard measures. The recommended definitive safeguard measures include the increase of duty more than the binding tariff or imposition of quantitative restrictions.

            B- The duration and magnitude of any definitive safeguard measures should not exceed the necessity to prevent or remedy serious injury and to facilitate adjustment.

            C- To recommend definitive safeguard measures for RGC, NCTR shall take account of the fact that:

            1- Other members of WTO negatively affected by the application of safeguard measures can claim the damages from Cambodia, by demanding Cambodia to open a more preferential access to Cambodia’s market for other types of their exports; or

            2- If no agreement is reached by Cambodia to compensate the damages  pursuant to paragraph 1, NCTR shall weigh in the profit and loss caused by the counter measure, by which the members of WTO may suspend the concessions equivalent to those provided to Cambodia by such members under GATT 1994, if such suspension is not objected by the Trade Council of WTO. The right of suspension which may be exercised by member countries will not be applied for the first 3 (three) years that safeguard measures are in force, provided that such measures are applied as a result of absolute increase in imports.

            D- After providing recommendations for the application of safeguard measures, NCTR shall publish the notice of the application of definitive measures, pursuant to the required conditions for the notice of investigation for safeguard measures.

            Article 35: Notice and consultation with WTO members

            A- RGC shall notify WTO, after making the decision on the application of definitive safeguard measures, with regards to:

            1- the evidence of serious injury or threat of serious injury caused by increased imports;

            2- the detailed description of products being investigated, form, extent and duration of the proposed measures;

            3- the proposed date of introduction of  measures and the phase-out schedule of such measures, if any.

            B- Before applying definitive safeguard measures, RGC shall give an adequate chance of consultation with member countries with more interest in the capacity as exporters of products under investigation, for the purpose of review of information provided for the WTO’s Committee on Safeguards on the finding that serious injury or threat of serious injury is caused by increased imports and on the introduced safeguard measures. RGC shall give a chance to exchange comments on the measures to gain understandings on approaches so as to realize the purposes contained in paragraph (C) hereof.  

            C- While applying definitive safeguard measures, RGC shall endeavor to maintain the equivalent level of concessions and other obligations in force under GATT 1994 between Cambodia and exporting member countries affected by such measures.          

D- The equivalent level of concessions and other obligations to the agreements between Cambodia and affected member countries shall be maintained through the consultation on trade compensation, such as opening the market access for other products, as a result of the negative effects on trade of those member countries caused by the introduction of definitive safeguard meaures.

            E- RGC shall notify WTO of the outcome of consultation and the compensations.

Article 36: Form and application of definitive safeguard measures

            A- Definitive safeguard measures shall be introduced in the form of increase in duties or import quota. The increase in duties may be imposed at any tariff-rate quota higher than the normal rate on the annual volume of imports.

            B- Definitive safeguard measures shall be applied to all imports under investigation, regardless of sources of importation or before or after the date that the measures come into force.

            C- Custom Administration shall be tasked with the collection of definitive safeguard measures in the form of increase in duties. The Ministry of Commerce shall be tasked with the administration of procedures to allocate quantitative quota under definitive safeguard measures in the form of quantitative restrictions and tariff-rate quota.

Article 37: No application for developing country members

A- NCTR shall not apply definitive safeguard measures against imports under investigation, which originate in a developing country member of WTO, as long as its share of imports concerned does not exceed 3% (Three Per Cent) of the total value of imports under investigation.

B- Even if the imports from each developing country member has the value less than 3% (Three Per Cent) of the total value of imports under investigation, and when the total quantity of imports from those developing country members exceeds 9% (Nine Per Cent) of total value of imports under investigation, then NCTR shall apply definitive safeguard measures against the imports from those developing country member.

C- RGC shall give the notice of non-application of definitive safeguard measures against the imports from developing country members to WTO.

Article 38: Duration of application of definitive safeguard measures

            A- Definitive safeguard measures shall be applied for a duration not more than 4 (four) years, except for the extension thereof pursuant to this law.

            B The total duration for definitive safeguard measures, including the initial and extended duration of application, shall not exceed 10 (ten) years.

Article 39: Phase-out of definitive safeguard measures

            Definitive safeguard measures applied for the duration of 01 (one) year may be phased out under specific program while it is being implemented, pursuant to the schedule published in the notice of application of definitive safeguard measures of NCTR.

Article 40: Review of definitive safeguard measures

            A- If the duration of definitive safeguard measure exceeds 3 (Three) years, NCTR shall review the situation of the applied definitive safeguard measure not later than the mid-term of the definitive safeguard measure. The review shall look into the effectiveness of definitive safeguard measure for Cambodian’s industry and the progressive adjustment plan of Cambodia’s industry. The outcome of review shall be published in the official bulletin of NCTR. Based on the outcome of review, NCTR shall decide to retain or withdraw entirely the definitive safeguard measure or expedite the phase-out of the definitive safeguard measure.

            B- The summary notice of the outcome of review for retaining or phasing out the definitive safeguard measure or withdrawing the entire definitive safeguard measure shall be published in the official bulletin of NCTR. The contents of such notice shall follow the required conditions for the notice of investigation for safeguard measures.

            C- RGC shall give a notice of the outcome of review to WTO, including any withdrawal or adjustment of any definitive safeguard measure.

Article 41: Extension of definitive safeguard measures

            A- Cambodia’s industry may submit a written request 06 (Six) months prior to the expiry of the intial duration of definitive safeguard measure to NCTR to extend the definitive safeguard measure, and the request shall include the evidence proving that the industry is implementing the adjustment plan gradually.

            Upon the receipt of the request from Cambodia’s industry or before extending the application of measure, NCTR shall carry out the investigation to ensure that the extension is appropriate. The procedures for preliminary measure stipulated herein shall be applied to the investigation and decision-making. Safeguard measures may be extended once only for a duration of not more than 6 (Six) years.

            B- NCTR can extend the application of definitive safeguard measure only if the investigation pursuant to paragraph (A) above has been carried out and NCTR can decide that the definitive safeguard measure remains necessary to prevent or remedy serious injury and that there is evidence that Cambodia’s industry is making adjustments.

            C- The extended definitive safeguard measure shall not be more restrictive than it was at the end of the initial period. During the period of extension of definitive safeguard measure, NCTR shall phase out the measure pursuant to the adjustment program in the notice of definitive safeguard measure. The contents of notice shall follow the required condition for the notice of investigation for safeguard measures.

            D- In extending the definitive safeguard measure, RGC shall retain the equivalent level of concessions and other obligations to GATT 1994 between Cambodia and exporting country members affected by the measure.        

            E- The required conditions for the notice to WTO and the consultation with exporting country members affected by the measure as stipulated in this law shall be applied in its entirety to the extension of the definitive safeguard measure.

Article 42: Applying definitive safeguard measure again

            A- 2 (two) years from the expiry of the initial definitive safeguard measure, NCTR does not need to introduce any new safeguard measure for the imports, which are subject to the previously applied definitive safeguard measure. Where the initial definitive safeguard measure is applied for a period of more than 4 (four) years, NCTR shall wait until at least the passage of mid-term of the initial definitive safeguard measure to introduce any new measure.

            B- A safeguard measure with a duration of 180 days or less may be applied again to the import of a product under investigation if:

1- at least one year has elapsed since the date of introduction of the initial safeguard measure on the import of that product; and

2- such a safeguard measure has not been applied on the same product more than twice in the 5 (Five) year period preceding the date of introduction of any new definitive safeguard measure.

Chapter 4

Court lawsuit

Article 43: Court lawsuit

            A- Any interested party in the investigation or duty reimbursement proceeding or review by NCTR through the provision of information or writings or participation in the hearing can submit a lawsuit to any competent court for the review of all activities of the NCTR with regards to final decisions, review of any decisions and decision on duty reimbursement.

            B- The lawsuit in paragraph (A) above shall be filed not later than 30 (Thirty) days from the date of the publication of decision in the official bulletin of NCTR.

            c- Where the trade remedy measure is being reviewed by the court, the Custom Administration shall suspend the collection of trade remedy duties for the products subject to the lawsuit at the import entry point, if importers provide the security by depositing the cash or money pursuant to the Law on Custom, equivalent to such duty amount. Trade remedy duties at the import entry point shall be collected, subject to the final decision of the court.

Chapter 5

Penalty

Article 44:

          A- Any violation of provisions of this law shall be punished according to the laws in force of the Kingdom of Cambodia.

            B- If NCTR reviews and finds that the information provided in support of investigation, application of anti-dumping measure, or safeguard measure are fraudulent, anti-dumping or safeguard measures will be withdrawn or the investigation will be terminated.

Chapter 6

Final provision

Article 45:

          Any provision contrary to this law shall be null and void.

Made in the Royal Palace, November 17, 2017

Signature and seal

Norodom Sihamoni

Report to the King for Signature

Prime Minister

Signature

Samdech Akka Moha Sena Padei Techo Hun Sen

                                      Report to

Samdech Akka Sena Padei Techo Hun Sen

Minister of Commerce

Signature

Bann Sorsak

 

No. 1033.SorNor

Extract for publication

Phnom Penh, November 21, 2017

General Secretary of the Royal Government

Soy Sokha

មើលច្រើនបន្ថែមទៀត
មើលទាំងអស់
Flag Counter
© រក្សាសិទ្ធិគ្រប់យ៉ាងដោយ Pheakdey Law ឆ្នាំ ២០១៦។

សម្រាប់ព័ត៌មានបន្ថែមសូមទំនាក់ទំនងតាមរយៈអស័យដ្ឋានអ៊ីម៉ែល៖ info@pheakdeylaw.com

ចំនួនអ្នកចូលមើល: 58348481, Online: 324, Today: 12269, Yesterday: 36390, This week: 83739
Web Design: CITA