[World Trade]{.smallcaps} **G/ADP/N/1/IDN/2**

**G/SCM/N/1/IDN/2**

[Organization]{.smallcaps} 23 September 1996

(96-3628)

Original: English

**Committee on Anti-Dumping Practices**

**Committee on Subsidies and Countervailing Measures**

[NOTIFICATION OF LAWS AND REGULATIONS]{.underline}

[UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS]{.underline}

[INDONESIA]{.underline}

The following communication, dated 22 August 1996, has been received
from the Permanent Mission of Indonesia.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

In order to fulfil the obligations under Article 18.5 of the Agreement
on the Implementation of Article VI of the GATT 1994, and Article 32.6
of the Agreement on Subsidies and Countervailing Measures regarding
notification procedures, I have the honour to submit copies of the
regulations regarding Anti-Dumping Duties and Countervailing Duties
contained in Government Regulation No. 34/1996 of 4 June 1996,
Ministerial Decree No. 136/MPP/Kep/6/1996 of 4 June 1996 concerning the
Indonesian Anti-Dumping Committee and Ministerial Decree
No. 172/MPP/Kep/7/1996 concerning the Organization and Operation
Procedure of the Operational Team of Anti-Dumping.

As we stated in the previous special meeting of the Committee on
Anti-Dumping (*vide* document G/ADP/W/255-G/SCM/W/265, 10 January 1996),
the above regulations are an integral part and an implementing
regulation of Article 20 and Article 23, Part IV, of Customs Law
No. 10/1995 of 30 December 1995, which is also attached.

Those regulations are made available in the original language with an
unofficial translation in English.

**THE CUSTOMS LAW OF THE REPUBLIC OF INDONESIA**

**LAW NUMBER 10, 1995**

**BY THE GRACE OF GOD ALMIGHTY**

**THE PRESIDENT OF THE REPUBLIC OF INDONESIA**

Considering:(a)that the implementation of the national development has
demonstrated a rapid progress of all aspects of national life
particularly in the economy, including activities in international
trade;

(b)that in efforts to keep the performance of the development in line
with the national development policies as referred to in the Guidelines
of State Policy and to establish legal certainty and administrative
facilities concerning Customs aspects of international trade activities
that have been continuously developing and also to anticipate economic
globalization, reformation is considered necessary;

(c)that the provisions of the prevailing Customs Regulations are not in
line with the national economic development related to international
trade;

(d)that for the realization of the aforesaid matters, it is necessary to
establish Customs Law, which meets the current situation and needs,
based on Pancasila and the 1945 Constitution;

**In view of:**Article 5, paragraph (1), Article 20, paragraph (1), and
Article 23, paragraph (2) of the 1945 Constitution.

**With the approval of**

**THE HOUSE OF REPRESENTATIVE OF**

**THE REPUBLIC OF INDONESIA**

**HAS DECIDED:**

**To stipulate: CUSTOMS LAW**

**CHAPTER I**

**GENERAL PROVISIONS**

**Article 1**

+-----------------------------------------------------------+----------+
| For the purposes of this law:                             | *        |
|                                                           | Customs* |
| 1.\"Customs\" means all activities pertaining to the      |          |
| supervision of incoming and outgoing traffic of goods     |          |
| into or from the Customs Territory and to the collection  |          |
| of the Import Duties.                                     |          |
+-----------------------------------------------------------+----------+
| 2.\"The Customs Territory\" means the territory of the    | *Customs |
| Republic of Indonesia covering the land, waters, and air  | Te       |
| space over them and specified localities in the exclusive | rritory* |
| economic zone and the continental shelf in which this law |          |
| applies in full.                                          |          |
+-----------------------------------------------------------+----------+
| 3.\"The Customs Area\" means an area with certain         | *Customs |
| boundaries at the sea ports, airports, or other places    | Area*    |
| specified for traffic of goods that are fully supervised  |          |
| by the Directorate-General of Customs and Excise          |          |
+-----------------------------------------------------------+----------+
| 4.\"The Customs Office\" means an office of the           | *Customs |
| Directorate-General of Customs and Excise where Customs   | Office*  |
| formalities are fulfilled in accordance with this law.    |          |
+-----------------------------------------------------------+----------+
| 5.\"The Customs Station\" means a place used by Customs   | *Customs |
| Officials to supervise the traffic of imported and        | Station* |
| exported goods.                                           |          |
+-----------------------------------------------------------+----------+
| 6.\"The Customs Formalities\" means activities which are  | *Customs |
| mandatory to meet this law.                               | Form     |
|                                                           | alities* |
+-----------------------------------------------------------+----------+
| 7.\"The Customs Declaration\" means a statement made by   | *Customs |
| Persons to meet the Customs formalities in accordance     | Decl     |
| with the forms and requirements stipulated in this law.   | aration* |
+-----------------------------------------------------------+----------+
| 8.\"The Minister\" means the Minister of Finance of the   | *M       |
| Republic of Indonesia.                                    | inister* |
+-----------------------------------------------------------+----------+
| 9.\"The Director-General\" means the Director-General of  | *D       |
| Customs and Excise.                                       | irector- |
|                                                           | General* |
+-----------------------------------------------------------+----------+
| 10.\"The Directorate-General of Customs and Excise\"      | *Dir     |
| means the operational unit under the Ministry of Finance  | ectorate |
| that exercises the main duty and function of the Ministry | -General |
| of Finance in the field of Customs and Excise.            | of       |
|                                                           | Customs  |
|                                                           | and      |
|                                                           | Excise*  |
+-----------------------------------------------------------+----------+
| 11.\"The Customs Official\" means an official of the      | *Customs |
| Directorate-General of Customs and Excise appointed to a  | O        |
| certain occupation to perform particular duties by virtue | fficial* |
| of this law.                                              |          |
+-----------------------------------------------------------+----------+
| 12.\"Person\" means both natural and legal person.        |          |
+-----------------------------------------------------------+----------+
| 13.\"Import\" means activities to bring goods into the    |          |
| Customs Territory.                                        |          |
+-----------------------------------------------------------+----------+
| 14.\"Export\" means activities to take goods out of the   |          |
| Customs Territory.                                        |          |
+-----------------------------------------------------------+----------+
| 15.\"Import Duty\" means duty imposed by the Government   |          |
| by virtue of this law on imported goods.                  |          |
+-----------------------------------------------------------+----------+
| 16.\"The Temporary Storage\" means a building and/or an   |          |
| enclosed or unenclosed space in the Customs Area used to  |          |
| store goods temporarily pending their loading or release. |          |
+-----------------------------------------------------------+----------+
| 17.\"The Bonded Storage\" means a building, a place or an |          |
| area that meets certain requirements used to store, to    |          |
| process, to display, and/or to provide for sale goods in  |          |
| which the Import Duties are deferred.                     |          |
+-----------------------------------------------------------+----------+
| 18.\"The Customs Storage\" means a building and/or an     |          |
| enclosed or unenclosed space in a customs office provided |          |
| by the Government that is managed and supervised by the   |          |
| Directorate-General of Customs and Excise to store        |          |
| unclaimed goods, goods claimed by the State and goods     |          |
| that have become the State property by virtue of this     |          |
| law.                                                      |          |
+-----------------------------------------------------------+----------+

. . . . .

**CHAPTER IV**

**ANTI-DUMPING AND COUNTERVAILING DUTIES**

**Part One**

**Anti-Dumping Duty**

**Article 18**

Anti-dumping duty shall be applied to imported goods in case:

(a)the export price is lower than the normal value of the goods, and
*Anti-dumping duty*

(b)the importation of such goods:

(1)cause material injury to the domestic industry that produces similar

goods;

(2)threaten the domestic industry that produces similar goods; or

(3)may materially retard the establishment of a domestic industry of

similar goods.

**Article 19**

(1)Anti-dumping duties shall be imposed on the imported goods as
referred

to in Article 18 at the maximum amount of the margin between normal

value and export price of such goods.

(2)Anti-Dumping Duties as referred to in paragraph (1) shall be imposed
as

an addition to the Import Duty collected on the basis of Article 12

paragraph (1).

**Article 20**

The provisions on conditions and procedures of the imposition of
Anti-Dumping

Duties shall be further regulated with Government Regulations.

**Part Two**

**Countervailing Duty**

**Article 21**

Countervailing duties shall be applied on imported goods in case:

(a)subsidy is proven to be borne on such goods produced in the exporting
*Countervailing*

country; *duties*

(b)the importation of such goods:

(1)cause material injury to the domestic industry that produces similar
goods;

(2)threaten the domestic industry that produces similar goods; or

(3)may materially retard the establishment of a domestic industry of
similar goods.

**Article 22**

(1)Countervailing duty shall be applied on the imported goods as
referred *Countervailing*

to in Article 21 at the maximum amount of the margin between the
*duties*

subsidy and:

(a)application fee and other expenses incurred to obtain the subsidy;
and/or

(b)charges levied on exported goods to offset the subsidy.

(2)The Countervailing duty as referred to in paragraph (1) shall be
imposed as an addition to the Import Duty that is collected on the basis
of Article 12, paragraph (1).

**Article 23**

The provisions on the conditions and the procedure of the imposition of

Countervailing duties shall be further regulated with Government
Regulation.

**EXPLANATORY**

**THE CUSTOMS LAW**

**OF THE REPUBLIC OF INDONESIA**

**NUMBER 10 OF 1995**

**GENERAL**

1.The Republic of Indonesia, as a constitutional state, wishes to
establish a firm national legal system that serves the national
interests, based on Pancasila and the 1945 Constitution. However, there
is no national customs law since the declaration of Indonesian
independence; therefore the Indische Tarief Wet (Indonesian Tariff Law)
Staatsblad Year 1873 No. 35, Rechten Ordonnantie (Duty Ordinance)
Staatsblad Year 1892 No. 240 and Tarief Ordonnantie (Excise Ordinance)
Year 1910 No. 628 are still in effect by virtue of Clause II of the
Transitional Provisions of the 1945 Constitution.

In order to fulfil the demand of national development, the cited law and
ordinances have been revised and supplemented. However, the revisions
and supplementary are deemed unable to meet the demand since such
revisions are made partially and not related to fundamental aspects as
well as based on different philosophical backgrounds. Therefore a
reformation of the law and ordinances should be conducted.

2.To establish a legislation based on Pancasila and the 1945
Constitution that contains the aspect of fairness, human rights and
places customs formalities as the national obligation which reflects the
participation of the people in collecting funds through Import Duties,
this legislation which is regarded as a part of the fiscal law, shall
ensure the security of the people interest, the expeditious flow of
goods, persons, and documents, the optimality of Import Duties Revenue,
and shall establish a business climate that induces the pace of the
national development.

To that end, customs administration is urged to provide better, more
effective and efficient services in accordance with its function and
duty.

3.This Customs Law has considered the following aspects:

(a)fairness, in a sense that Customs formalities shall only be the
obligation of any person being involved in customs activity and such a
person shall be treated equally under the same terms and conditions;

(b)incentives provisions which will bring benefit for the national
economic growth, such as facilities for Bonded Storage, Import Duty
exemption on import of machinery and raw materials destined for export
and approval for importing goods prior to Import Duty payment;

(c)neutrality in the imposition of the Import Duty to prevent distortion
that may cause disturbances to the national economy;

(d)administrative feasibility in which customs practices can be
implemented in a better order, control, simpler and easily understood by
the public to prevent duplication. Therefore, administrative costs can
be kept to a minimum level;

(e)state revenues, in a sense that the provisions of this law have taken
into account the aspects of stability, potentiality and flexibility of
the revenue. Therefore, the law enables to ensure the increase of state
revenue and to anticipate the need to increase funds for the national
development;

(f)application of enforcement and sanction to ensure the compliance of
this law;

(g)Indonesian Archipelago Outlook, in a sense that the provisions of
this law shall be applied in the Customs Territory covering the area of
the Republic of Indonesia in which Indonesia has its sovereignty and the
rights to sovereign, that is in the inland waters, archipelagic waters,
sea area, additional zone, exclusive economic zone, continental shelf
and straits used for international navigation;

(h)international customs practices, as regulated in the international
trade agreements.

4.This Customs Law also regulates new matters that are not covered under
the previous legislation and ordinances, such as the provisions of
Anti-Dumping and Countervailing Duties, control of import and export of
goods which violate intellectual property rights, bookkeeping,
administrative sanction, investigation and appeal institution.

5.In addition, to increase the effectiveness and efficiency of the
customs service in expediting flow of goods, persons and documents, this
law also regulates, among others:

(a)application of selective examination;

(b)lodgement of a Customs Declaration via electronic media (inter
computer connection);

(c)implementation of control of import or export activities which is
mainly emphasized on the audit of company bookkeeping;

(d)participation of the people in taking responsibility upon assessment
and payment of Import Duty due which is performed through a self
assessment system, in which the provisions of export and import
prohibition and restriction have been taken into account, such as:
pornography, narcotics, counterfeit money and fire arms.

6.Considering points 1 to 5, Article 23, paragraph (2) of the 1945
Constitution, and those written and implied orders under the Guidelines
of State Policy, this Customs law is a national product that should be
able to respond to the demand of the development.

**ARTICLE BY ARTICLE**

**Article 1**

This Article covers the definition of the terms used in this law. Full
understanding of these terms shall avoid any misunderstanding and
misinterpretation that may occur in the implementation of the concerned
articles. Therefore the people could easily understand this law.

. . . . .

**Article 18**

The term \"export value\" means price actually paid or payable for goods
exported to the Customs Territory. In case there is a particular
relationship between importer and exporter or a third party, or due to
certain reasons the export price is doubtful, then it should be
determined based on:

(a)price of the imported goods concerned, re-sold for the first time to
free buyer; or

(b)normal value, in case (a) has not taken place or to be re-sold under
a condition different to the condition at the time of importation.

The term \"normal value\" means the price actually paid or payable for
similar goods for consumption purposes in common trade in the domestic
market of the exporting country.

In case there are no similar goods traded in the domestic market of the
exporting country or if the selling volume at the domestic market is
relatively small so that it cannot be used as a comparison factor, then
normal value is calculated based on:

(a)the highest price of the similar goods exported to a third country;
or

(b)the price established by accumulating production cost, administrative
cost, selling cost and normal profit (constructed value).

The term \"domestic industry\" means:

(a)domestic producer of similar goods in general; or

(b)domestic producer of similar goods whose products represent most of
the entire production of the goods concerned.

The term \"similar goods\" means identical goods or goods entirely
equal, or goods having similar physical, technical or chemical
characteristics to the imported goods concerned.

**Article 19**

Self-explanatory.

**Article 20**

Self-explanatory.

**Article 21**

The term \"subsidy\" means:

(a)any financial assistance given by the government or by government
agencies, either directly or indirectly, to companies, industries,
groups of industries, or exporters; or

(b)any kind of support on earnings or prices, given directly or
indirectly, to increase export or decrease import from or to a country
concerned.

**Article 22**

Self-explanatory.

**Article 23**

Self-explanatory.

**PRESIDENT OF THE REPUBLIC OF INDONESIA**

**GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA**

**NUMBER 34 YEAR 1996**

**REGARDING**

**ANTI-DUMPING DUTIES AND COUNTERVAILING DUTIES**

**Considering**: that based on Articles 20 and 23 of Law No. 10/1995
regarding Customs Affairs requirements and procedures for imposing
anti-dumping and countervailing duties and for handling dumping charges
need to be further laid down in Government Regulation.

**In View of**: 1. Article 5 paragraph (2) of the 1945 Constitution

2.Law No. 7 of 1994 regarding the Ratification of the Agreement on
Establishing the World Trade Organization (Statute Gazette of 1994 No.
57, Supplement to Statute Gazette No. 3564);

3.Law No. 10 of 1995 regarding Customs Affairs (Statute Gazette of 1995
No. 75, Supplement to Statute Gazette No. 3612).

**DECIDES**

To Stipulate: **OTHER GOVERNMENT REGULATION REGARDING ANTI-DUMPING AND
COUNTERVAILING DUTIES**

**CHAPTER 1**

**GENERAL PROVISIONS**

**Article 1**

Referred to in this Government Regulation as

1.Dumped goods shall be goods imported at export prices that are less
than their normal value in exporting countries;

2.Export prices shall be the prices actually paid or that will be paid
for goods exported to customs areas referred to in Law No. 10 of 1995
regarding Customs Affairs;

3.Normal value shall be the prices actually paid or that will be paid
for goods in the ordinary course of trade, for the like product, when
destined for consumption in the exporting country;

4.Dumping margin shall be the difference between normal value and the
export price of dumped goods;

5.Subsidy shall be:

(a)any financial assistance directly or indirectly provided by the
government or public body to companies industries, group of industries,
or exporters; or

(b)any form of support on income or price directly or indirectly
provided with a view to increasing export or decreasing import from or
to the countries concerned, which would give benefit to the recipients.

6.Subsidized goods shall be goods imported at subsidized export price.

7.Net subsidies shall be the difference between subsidies and

\(a\) application fees, guarantees, or other levies spent to obtain
subsides; and/or

(b)levies imposed at the time goods are exported to compensate for
subsidies granted to the export goods.

8.Domestic industry shall be:

\(a\) the domestic producers as a whole of like products; or

(b)domestic producers of the like products whose collective output of
the products constitute a major proportion (more than 50 per cent) of
the total domestic production of relevant products.

9.Like product shall be a product which is identical or alike in all
aspects to the said imported goods that have physical, technical and
chemical characteristics resembling those of the said imported goods.

10\. Interested parties shall be:

(a)exporters, foreign producers or importers of a product subject to
investigation, or a trade or business association a majority of the
members of which are exporters, producers, or importers of such
products;

(b)the governments of the exporting countries; and

(c)domestic producers of the like product, or associations of domestic
producers a majority of the members of which produce the like product in
the territory of the domestic country.

11\. Injury shall be:

(a)injury suffered by domestic industries producing like product;

(b)threats of injury suffered by domestic industries producing like
product; or

(c)impediment of the development of domestic industries producing like
product.

12.Provisional measures shall be measures taken to prevent injury during
the investigation period through the imposition of provisional
anti-dumping duties or provisional countervailing duties.

13.Price Undertaking or Adjustment measures shall be measures taken to
adjust prices or to cease the export of dumped goods or subsidized goods
or to eliminate or restrict subsidies or other measures offered by
exporters of dumped goods or governments of exporting countries and/or
exporters of subsidized goods or suggested by the Committee to eliminate
injury.

14.Import duties shall be state levies imposed on imported goods used in
customs areas referred to in Law No. 10 of 1995 regarding Customs
Affairs.

15.Anti-dumping duties shall be state levies imposed on dumped goods
that cause injury.

16.Countervailing duties shall be state levies imposed on subsidized
goods that cause injury.

**Article 2**

Imported goods may be subject to import duties in addition to
anti-dumping duties if:

\(a\) the export prices of the imported goods are less than its normal
value; and

\(b\) the imported goods cause injury.

**Article 3**

Imported goods may be subject to import duties in addition to
countervailing duties if:

\(a\) exporting countries give subsidies to the imported goods; and

\(b\) the imported goods cause injury.

**Article 4**

(1)The amount of anti-dumping duties referred to in Article 2 shall be
as high as that of dumping margins;

(2)The amount of countervailing duties referred to in Article 3 shall be
as high as that of net subsidies.

**Article 5**

If imported goods are subject to anti-dumping duties while at the same
time are also subject to countervailing duties, the imported goods shall
only be subject to which of the duties are higher.

**CHAPTER II**

**THE INDONESIAN ANTI-DUMPING COMMITTEE**

**Article 6**

(1)To carry out all activities relating to the prevention of the dumped
imports and subsidized goods, the Minister of Industry and Trade shall
set up the Indonesian Anti-Dumping Committee, hereinafter called the
Committee;

\(2\) The Committee shall be headed by a chairman and be made up of
officials from:

\(a\) The Ministry of Industry and Trade;

\(b\) The Ministry of Finance; and

\(c\) Other relevant ministries or non-ministerial institutes.

**Article 7**

\(1\) The Committee shall be tasked with:

\(a\) investigating dumped imports and subsidized goods;

\(b\) collecting, examining and processing pieces of evidence and
information;

\(c\) proposing the imposition of anti-dumping and countervailing
duties;

\(d\) carrying out other activities determined by the Minister of
Industry and Trade; and

\(e\) preparing reports on the realization of the tasks.

(2)All expenses arising from the realization of the tasks referred to in
paragraph (1) shall be borne by the Minister of Industry and Trade.

**CHAPTER III**

**INVESTIGATION**

**Article 8**

(1)Domestic industries may file an application with the Committee to
conduct an investigation into imported goods alleged to be dumped and/or
subsidized goods that cause injury;

(2)No later than 30 (thirty) days after the application referred to in
paragraph (1) is received, the Committee shall, by virtue of
investigation results and evidence, issue a decision to:

\(a\) reject the application, if the application does not meet
requirements; or

(b)accept the application and begin formal investigation, if the
applications meet requirements.

(3)The Minister of Industry and Trade shall stipulate the requirements
as referred to in paragraph (2).

**Article 9**

The Committee may conduct investigations into imported goods alleged to
be dumped goods and/or subsidized goods in spite of no applications from
domestic industries.

**Article 10**

The decision of the Committee to begin investigations referred to in
Article 8 paragraph (2) letter (b) or Article 9 shall be notified in
advance to interested parties.

**Article 11**

(1)The investigations referred to in Article 10 shall be completed
within 12 (twelve) months after the decision to begin the investigation
is issued;

(2)In exceptional cases, the deadline for the completion of an
investigation may be extended to 18 (eighteen) months at the maximum.

**Article 12**

(1)No later than the end of the period of time referred to in Article
11, the Committee shall submit the final investigation results to the
Minister of Industry and Trade and notify or inform interested parties
of existence or non-existence of dumped goods and/or subsidized goods
that cause injury;

(2)If the final investigation results indicate existence of dumped goods
and/or subsidized goods referred to in paragraph (1), the Committee
shall notify the amount of dumping margins and/or net subsidies and
propose the imposition of anti-dumping duties or countervailing duties
to the Minister of Industry and Trade;

(3)If the final investigation results indicate non-existence of dumped
goods and/or subsidized goods that cause injury referred to in paragraph
(1), the Committee shall discontinue the investigations and report the
non-existence, of dumped goods and/or subsidized goods to the Minister
of Industry and Trade.

**CHAPTER IV**

**EVIDENCE AND INFORMATION**

**Article 13**

In conducting investigations into dumped goods and/or subsidized goods,
the Committee shall;

(a)inform interested parties the required information and give them the
chance to present pieces of written evidence;

(b)give exporters or foreign producers the chance to reply
questionnaires within a maximum period of 30 (thirty) days;

(c)give pieces of written evidence from one interest party to another by
keeping the pieces of written evidence secret;

(d)give complete applications referred to in Article 8 paragraph (1) to
exporters and interested parties in the exporting countries and other
interested parties;

(e)give all the interested parties the chance to defend their interests
and meet each other to give their arguments.

**Article 14**

\(1\) In collecting and using information, the Committee:

(a)may receive oral information with the provision that the parties
giving the information must then present the information in writing to
the Committee so that it can be made known to other interested parties;

(b)may give the opportunity to industries using products still under the
process of investigation, and representatives of consumers associations
in the case of the goods being sold at retail, to provide information
relating to the investigations;

(c)may provide interested parties the opportunity to examine all pieces
of relevant and unsecret information used in the investigations;

(d)will not disclose any piece of secret information without consent
from the parties providing the information and may ask the parties
giving the secret information to make a summary of the information that
is not secret in nature;

(e)may ignore secret information if the Committee considers requests for
nondisclosure of the information unreasonable and the parties giving the
information are not ready to change the status of information from being
secret into non-secret, or to make a summary of information referred to
in letter (d), except if there is an indication that the information is
correct; and

(f)may inform interested parties of important evidence serving as the
basis for making reports on final investigation results referred to in
Article 11.

(2)If interested parties refuse to give information or reject efforts to
collect information or hamper investigations, the Committee may make
reports on final investigation results based on available evidence.

**Article 15**

To ensure the truthfulness of information, the Committee may conduct
investigations abroad with the stipulation that the Committee receive
approval from the companies to be investigated and inform
representatives of the relevant countries of the planned investigations,
except if the relevant countries refuse them.

**Article 16**

(1)In conducting investigations, the Committee shall collect information
from each of the exporters or foreign producers of goods investigated;

(2)If the number of exporters, producers, importers or types of goods is
large, the Committee may restrict investigations;

(3)The restriction of investigations referred to in paragraph (2) may be
done by:

(a)selecting at random interested parties or types of goods believed to
be dumping goods or subsidized goods by using a statistical method based
on available information;

(b)using the largest percentage of the export volume of goods
investigated in relevant countries.

**CHAPTER V**

**PROVISIONAL MEASURES**

**Article 17**

(1)If during the investigations referred to in Article 11, the Committee
finds preliminary evidence of existence of dumped goods and/or
subsidized goods that cause injury, the Committee shall notify
interested parties of the existence of dumped goods and/or subsidized
goods and give them opportunity to provide information or responses no
later than 30 (thirty) days starting the date of notification;

(2)To prevent injury during the investigation referred to in paragraph
(1), the Committee may propose the imposition of provisional measures to
the Minister of Industry and Trade by presenting the amount of
provisional dumping margins and/or provisional net subsidies;

(3)Based on the proposal from the Committee referred to in paragraph
(2), the Minister of Industry and Trade shall decide certain tariffs for
the imposition of provisional measures which shall be equal to or less
than the provisional dumping margins and/or provisional net subsidies.

**Article 18**

(1)As far as dumped goods are concerned, the provisional measures
referred to in Article 17 in the form of:

\(a\) payment of temporary anti-dumping duties; or

(b)handover of guarantees in the form of cash, bank guarantees or
insurance company guarantees, having the same amount as that of
temporary anti-dumping duties referred to in letter (a), shall be
stipulated by the Minister of Finance by observing provisions in Article
4;

(2)The provisional measures referred to in paragraph (1) shall be
imposed 60 (sixty) days at the earliest starting the date the
investigations begin, and shall be valid for 4 (four) months at the
maximum;

(3)Upon the request of an exporter representing the majority of
exporters exporting goods investigated, the validity of the provisional
measures referred to in paragraph (2) may be extended to 6 (six) months
at the maximum;

(4)If the amount of provisional anti-dumping duties is less than that of
temporary dumping margins, the validity of the provisional measures
referred to in paragraph (2) may cover 6 (six) months at the maximum;

(5)Upon the request of an exporter representing the majority of
exporters exporting goods investigated the validity of the provisional
measures referred to in paragraph (4) may be extended to 9 (nine) months
at the maximum.

**Article 19**

(1)As far as subsidized goods are concerned, the temporary measures
referred to in Article 17 in the form of:

\(a\) payment of temporary countervailing duties; or

(b)handover of guarantees in the form of cash, Bank Guarantees, or
Insurance Company guarantees, having the same amount as that of
temporary countervailing duties referred to in letter (a), shall be
stipulated by the Minister of Finance in observance of the provisions in
Article 4;

(2)The provisional measures referred to in paragraph (1) shall be
imposed no earlier than 60 (sixty) days from the starting date the
investigations begin and shall be valid for 4 (four) months at the
maximum.

**Article 20**

(1)Provisional measures imposed under Article 18 and 19 shall be
declared invalid if the investigations are terminated as referred to in
Article 11;

(2)Provisional measures shall be discontinued on the basis of decisions
of the Minister of Finance and followed by:

(a)imposition of anti-dumping duties referred to in Article 2, or
countervailing duties referred to in Article 3; or

(b)revocation of decisions on provisional measures and reimbursement of
provisional anti-dumping duties or guarantees referred to in Article 18
paragraph (1) or Article 19 paragraph (1).

**CHAPTER VI**

**PRICE UNDERTAKINGS**

**Article 21**

(1)During the investigation period, exporters of dumped goods or
governments of exporting countries and/or exporters of subsidized goods
make offers to the Committee to revise its price or to cease exports to
the area in question at dumped price so that the Committee is satisfied
that the injurious effect of the dumping is eliminated;

(2)Price undertaking referred to in paragraph (1) may be in the form of:

(a)adjustment of prices or discontinuation of the export of dumping
goods or subsidized goods; or

(b)abolition or restriction of subsidies, or other measures aimed to
prevent injury due to the granting of subsidies;

(3)The offers to take Price Undertaking referred to in paragraph (1) may
be made as long as:

(a)the amount of provisional dumping margins and/or provisional net
subsidies as well as injury is already determined; and

(b)the Price Undertaking will be able to prevent injury.

**Article 22**

(1)The Committee shall assess the offer referred to in Article 21 and
report assessment results to the Minister of Industry and Trade;

(2)Based on the assessment results referred to in paragraph (1) the
Minister of Industry and Trade shall decide whether or not to accept the
offers;

(3)If the offers are accepted, the investigations referred to in Article
11 shall continue to be completed;

(4)If final investigation results indicate existence of dumped goods
and/or subsidized goods that cause injury, the Price Undertaking shall
be continued.

(5)If final investigation results do not indicate existence of dumped
goods and/or subsidized goods that cause injury, the Price Undertaking
shall be discontinued, except if the non-existence of injury is caused
by the Price Undertaking.

**Article 23**

During the period Price Undertakings are undertaken, exporters and/or
governments of exporting countries referred to in Article 21 paragraph
(1) shall periodically inform the Committee of the Price Undertaking,
and agree to have their data verified.

**Article 24**

In the case of violation of Price Undertaking referred to in Article 21
paragraph (2):

(a)the next import of dumped goods after the violations may be subject
to temporary anti-dumping duties;

(b)the next import of subsidized goods after the violations may be
subject to temporary countervailing duties;

(c)the import of dumped goods or subsidized goods done no less than 90
(ninety) days before the imposition of provisional dumping duties or
provisional countervailing duties referred to in letter (a) or (b), may
be subject to anti-dumping duties or countervailing duties referred to
in Article 2 or 3.

**Article 25**

The Committee may advise exporters or exporting countries to take the
Price Undertaking referred to in Article 21.

**CHAPTER VII**

**DETERMINATION OF THE AMOUNT OF ANTI-DUMPING DUTIES**

**AND COUNTERVAILING DUTIES**

**Article 26**

(1)Based on the final investigation result that indicates existence of
dumped goods and/or subsidized goods that cause injury referred to in
Article 12 paragraph (2), the Minister of Industry and Trade shall
decide certain tariffs for the imposition of anti-dumping duties or
countervailing duties that are equal to or less than dumping margins
and/or net subsidies;

(2)Certain tariffs referred to in paragraph (1) for goods exported by
exporters or producers not investigated referred to in Article 16
paragraphs (2) and (3) shall be set at as high as:

(a)weighted average dumping margins set on the basis of evidence or
information from the exporters or producers chosen to be investigated;
or

(b)difference between the weighted average normal value of goods
exported by exporters or producers investigated and the export prices of
goods exported by exporters or producers not investigated;

(3)In determining the certain tariffs referred to in paragraph (2),
dumping margins will zero value or very small value (*de minimis*) shall
be excluded from the calculation of the certain tariffs;

**Article 27**

Based on the decision of the Minister of Industry and Trade referred to
in Article 26, the Minister of Finance shall decide the rate of
anti-dumping duties or countervailing duties.

**Article 28**

(1)The amount of anti-dumping duties or countervailing duties referred
to in Article 27 shall apply to the import of dumped goods or subsidized
goods from each exporter or producer or several exporters or producers;

(2)If the number of exporters or producers referred to in paragraph (1)
from the same country is large, anti-dumping duties or countervailing
duties may be imposed on any import of dumped goods or subsidized goods
from the exporting country;

(3)If several exporters or producers referred to in paragraph (1) come
from more than one country, anti-dumping duties or countervailing duties
may be imposed on any import of dumped goods or subsidized goods from
several exporters or producers or relevant exporting countries.

**Article 29**

(1)Based on the decision of the Minister of Finance referred to in
Article 27, importers of dumped goods or subsidized goods may request
the Directorate General of Customs and Excise to decide and reimburse
overpaid provisional anti-dumping duties or provisional countervailing
duties on goods imported before the stipulation date of the decision of
the Minister of Finance;

(2)The reimbursement of the overpaid provisional anti-dumping duties or
provisional countervailing duties referred to in paragraph (1) shall be
done no later than 90 (ninety) days starting the date the Directorate
General of Customs and Excise decides the overpaid provisional
anti-dumping duties or provisional countervailing duties.

**Article 30**

(1)Importers may file applications for reimbursement of overpaid
anti-dumping duties or countervailing duties on goods they have imported
after the Minister of Finance issues the decision referred to in Article
27 to the Director General of Customs and Excise;

(2)The applications for reimbursement of the overpayment referred to in
paragraph (1) may be approved if:

(a)there is evidence approved by the minister of Industry and Trade that
the actual amount of dumping margins or net subsidies is less than that
of the said anti-dumping duties or countervailing duties; or

(b)importers already pay anti-dumping duties or countervailing duties
according to the decision of the Minister of Finance;

(3)The reimbursement of the overpayment referred to in paragraph (1)
shall be done no later than 90 (ninety) days after it is decided by the
Director General of Customs and Excise.

**Article 31**

(1)Anti-dumping duties or countervailing duties shall be imposed
starting the date the Minister of Finance decides the rate of
anti-dumping duties or countervailing duties referred to in Article 27
and be valid for a maximum of 5 (five) years after the stipulation date
of the final decision on the imposition or review of anti-dumping duties
or countervailing duties;

(2)If provisional measures are already imposed referred to in Article
17, the imposition of anti-dumping duties or countervailing duties
referred to in paragraph (1) may be made retroactive to the date the
provisional measures are imposed;

(3)Only the imposition of anti-dumping duties or countervailing duties
based on the injury referred to in Article 1 point 11 letters (a) and
(b) may be made retroactive referred to in paragraph (2) as long as
potential injury turn into injury without provisional measures;

(4)It is found that:

(a)relevant goods were once imported as dumped goods or exporters have
so far exported dumped goods that may cause injury; and

(b)the injury is caused by dumped goods imported in huge quantities at a
relatively short time that may have an impact on the effective
imposition of anti-dumping duties to prevent the injury; the imposition
of anti-dumping duties may be made retroactive to the date the
anti-dumping duties begin to take effect not more than 90 (ninety) days
before the provisional measures are imposed;

(5)It is found that the injury is caused by subsidized goods imported in
huge quantities at a relatively short time that may have an impact on
the effective imposition of countervailing duties to prevent the injury,
the imposition of countervailing duties may be made retroactive to the
date the countervailing duties begin to take effect not more than 90
(ninety) days before the provisional measures are imposed;

(6)The imposition of anti-dumping duties or countervailing duties based
on the injury referred to in Article 1 point 11 letters (b) and (c) may
not be made retroactive referred to in paragraphs (4) and (5).

**Article 32**

At the initiative of the Committee or upon the request of interested
parties, the imposition of anti-dumping duties or countervailing duties
referred to in Article 27 may be reviewed 12 (twelve) months at the
earliest after the stipulation date of the decision of the Minister of
Finance.

**Article 33**

Based on the result of the review referred to in Article 32, the
Committee may advise the Minister of Industry and Trade to:

(a)discontinue the imposition of anti-dumping duties or countervailing
duties in the case of evidence that the injury caused by dumped goods or
subsidized goods are already eliminated; or

(b)continue the imposition of anti-dumping duties or countervailing
duties in the case of evidence that the injury caused by dumped goods or
subsidized goods still can not be eliminated.

**CHAPTER VIII**

**OTHER PROVISIONS**

**Article 34**

Investigations conducted in conjunction with the imposition of
anti-dumping duties or countervailing duties shall not impede the
settlement of customs obligations as a result of the import of relevant
goods.

**Article 35**

Objections to anti-dumping duties or countervailing duties can be filed
to the Appeal Institute referred to in Article 97 of Law No. 10 of 1995
regarding Customs Affairs.

**CHAPTER IX**

**CLOSING PROVISIONS**

**Article 36**

Further provisions required for the implementation of this Government
Regulation shall be laid down by the Minister of Industry and Trade and
the Minister of Finance according to their respective fields of task.

**Article 37**

This Government Regulation shall enter into force on the date of
stipulation. For public cognizance, this Government Regulation shall be
promulgated by placing it in the Statute Gazette of the Republic of
Indonesia.

**Promulgated in Jakarta Stipulated in Jakarta**

**On 4 June 1996 On 4 June 1996**

**The MINISTER/STATE SECRETARY THE PRESIDENT OF REPUBLIC**

**Signed by OF INDONESIA**

**M o e r d i o n o**

**STATUTE GAZETTE OF THE REPUBLIC OF INDONESIA 1996 NO. 51**

**MINISTER OF INDUSTRY AND TRADE**

**THE DECREE OF MINISTER OF INDUSTRY AND TRADE**

**OF THE REPUBLIC OF INDONESIA**

**NUMBER: 136/MPP/Kep/6/1996**

**REGARDING**

**THE INDONESIAN ANTI-DUMPING COMMITTEE**

**MINISTER OF INDUSTRY AND TRADE**

Considering:(a)that in implementing the Government Regulation Number 34
of 1996 regarding Anti-Dumping and Countervailing Duties, it is needed
to establish The Indonesian Anti-Dumping Committee;

(b)that based on the reason mentioned above, it is needed to enact the
Decree of Minister of Industry and Trade.

In view of:1.Law No. 7 of 1994 regarding the Ratification of the
Agreement on Establishing the World Trade Organization (Statute Gazette
of 1994 No. 57, Supplement to Statute Gazette No. 3564);

2.Law No. 10 of 1995 regarding Customs Affairs (Statute Gazette of 1995
No. 75, Supplement to Statute Gazette No. 3612);

3.Government Regulation No. 34 of 1996 regarding Anti-Dumping and
Countervailing Duties (Statute Gazette of 1996 No. 51, Supplement to
Statute Gazette No. 3629);

4.Presidential Decree No. 96/M of 1993 regarding Creating the Sixth
Development Cabinet which was amended by the Presidential Decree
No. 388/M of 1995;

5.Presidential Decree No. 2 of 1996 regarding the Amendment of the
Presidential Decree No. 15 of 1984 on the Organization Structure which
has been amended twenty-five times recently by the Presidential Decree
No. 61 of 1995;

6.The Decree of the Minister of Industry and Trade No. 29/MPP/SK/2/1996
vis which of No. 92/MPP/Kep/4/1996 regarding Organization Structure and
Its Mechanism of the Ministry of Industry and Trade.

**DECIDES**

To stipulate:**THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE**

**OF THE REPUBLIC OF INDONESIA REGARDING THE INDONESIAN**

**ANTI-DUMPING COMMITTEE**

**CHAPTER I**

**POSITION, TASK AND FUNCTION**

**Article 1**

The Indonesian Anti-Dumping Committee hereinafter called the Committee
is a government institute having task to handle the dumped import and
subsidized goods referred to in Article VI and XVI of the General
Agreement on Tariffs and Trade.

**Article 2**

The Committee shall be tasked with:

(a)investigating dumped goods and subsidized goods;

(b)collecting, examining and processing pieces of evidence and
information;

(c)proposing the imposition of anti-dumping and countervailing duties;

(d)carrying out other activities determined by the Minister of Industry
and Trade;

(e)making reports on the realization of tasks.

**Article 3**

Besides the main tasks referred to in Article 2, the Committee shall
handle problems over Indonesian exported goods which are alleged to be
dumped goods by a foreign country.

**Article 4**

In executing the tasks referred to in Article 2, the Committee shall
have functions:

(a)formulating policies to cope with dumped imports and subsidized
goods;

(b)examining, consulting and handling all problems relating to dumped
imports and subsidized goods;

(c)controlling and directing other activities to cope with dumped
imports and subsidized goods; and

(d)formulating policies to cope with Indonesian exported goods which are
alleged to be dumped goods.

**CHAPTER II**

**STRUCTURE OF ORGANIZATION**

**Article 5**

The Indonesian Anti-Dumping Committee shall be made up and it consists
of:

Chairman :Minister of Industry and Trade

Vice-Chairman :Minister of Finance

Secretary/Member :Secretary-General of the Ministry of Industry and
Trade

Members :1.Director-General of International Trade, Ministry of Industry
and Trade

2.Director-General of Customs and Duties Affairs, Ministry of Finance

3.Representative Official from the Ministry of Agriculture

4.The Chairman of Operational Team of Anti-Dumping referred to in
Article 7 (2).

**Article 6**

(1)The Committee shall make a meeting at any required time;

(2)The Chairman of the Committee shall invite other Ministries or
related officials to attend the meeting;

(3)The implementation of the Committee\'s tasks shall be further decided
by the Chairman of the Committee.

**Article 7**

(1)In implementing its tasks, the Committee shall be supported by the
operational Team of Anti-Dumping which shall be made up and it consists
of:

(a)Secretariat

(b)Division of Anti-Dumping

(c)Division of Dumping Prosecution

(2)The Operational Team of Anti-Dumping shall be headed by a chairman
and be supported by a vice-chairman.

**Article 8**

(1)Secretariat, Division of Anti-Dumping and Division of Dumping
Prosecution shall be headed by a chairman respectively who will be
responsible to the chairman of the Operational Team of Anti-Dumping;

(2)The organization and the operation procedure of the Operational Team
of Anti-Dumping shall be further decided by the Minister of Industry and
Trade.

**Article 9**

The Chairman and the Vice-Chairman of the Operational Team of
Anti-Dumping, the Chairman of Secretariat, the Chairman of Anti-Dumping
Division and the Chairman of Dumping Prosecution as well as all
supporting staff shall be appointed by the Minister of Industry and
Trade.

**CHAPTER III**

**EXPENSES**

**Article 10**

All expenses arising from the realization of the tasks of the Committee
and the Operational Team of Anti-Dumping shall be borne by the budget of
the Ministry of Industry and Trade.

**CHAPTER IV**

**CLOSING PROVISIONS**

**Article 11**

The Decree shall enter into force on the day it is enacted.

For public cognizance, this Decree shall be promulgated by placing it in
the Statute Gazette of the Republic of Indonesia.

Stipulated in: J a k a r t a

On 4 June 1996

**Signed by**

**Minister of Industry and Trade**

**T. Ariwibowo**

**MINISTER OF INDUSTRY AND TRADE**

**THE DECREE OF MINISTER OF INDUSTRY AND TRADE**

**OF THE REPUBLIC OF INDONESIA**

**NUMBER: 172/MPP/Kep/7/1996**

**REGARDING**

**ORGANIZATION AND OPERATION PROCEDURE**

**OF THE OPERATIONAL TEAM OF ANTI-DUMPING**

**MINISTER OF INDUSTRY AND TRADE**

Considering: (a)that in supporting the tasks of The Indonesian
Anti-Dumping Committee, it is necessary to establish the organization
and operation procedure of the Operational Team of Anti-Dumping;

(b)that based on the reason mentioned above, it is needed to enact the
Decree of Minister of Industry and Trade.

In View of: 1.Law No. 7 of 1994 regarding the Ratification of the
Agreement on Establishing the World Trade Organization (Statute Gazette
of 1994 No. 57, Supplement to Statute Gazette No. 3564);

2.Law No. 10 of 1995 regarding Customs Affairs (Statute Gazette of 1995
No. 75, Supplement to Statute Gazette No. 3612);

3.Government Regulation No. 34 of 1986 regarding Anti-Dumping and
Countervailing Duties (Statute Gazette of 1996 No. 51, Supplement to
Statute Gazette No. 3269);

4.Presidential Decree No. 44 of 1974 regarding the Organization of the
Ministries.

5.Presidential Decree No. 15 of 1984 regarding the Organization
Structure of Ministries which has been amended twenty five times
recently by the Presidential Decree No. 2 of 1996;

6.Presidential Decree No. 96/M of 1993 regarding Creating the Sixth
Development Cabinet which was amended by the Presidential Decree
No. 388/M of 1995;

7.The Decree of the Minister of Industry and Trade No. 29/MPP/SK/2/1996
vis which of No. 92/MPP/Kep/4/1996 regarding Organization Structure and
Its Mechanism of the Ministry of Industry and Trade;

8.The Decree of the Minister of Industry and Trade No.
136/MPP/Kep/6/1996 regarding The Indonesian Anti-Dumping Committee.

**DECIDES**

To stipulate:**THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE
REGARDING ORGANIZATION AND OPERATION PROCEDURE OF THE OPERATIONAL TEAM
OF ANTI-DUMPING.**

**Article 1**

(1)Organization structure of the Operational Team of Anti-Dumping shall
be made up and it consists of;

\(a\) Secretariat

\(b\) Division of Anti-Dumping

\(c\) Division of Dumping Prosecution

\(d\) Expert Group

(2)Secretariat shall be headed by a chairman that shall be supported by
some staffs. It acts both as the secretariat of the Operational Team of
Anti-Dumping and the Indonesian Anti-Dumping Committee.

(3)Division of Anti-Dumping and Division of Dumping Prosecution shall be
headed by a chairman respectively and shall be supported by a vice
chairman and some members.

(4)Expert Group shall be headed by a chairman and shall be supported by
some experts who represent related Institutes and Enterprises.

(5)The scheme of the organization of the Operational Team of
Anti-Dumping is described in Annex 1 of this Decree.

**Article 2**

The Operational Team of Anti-Dumping supports The Indonesian
Anti-Dumping Committee in coping with dumped import and subsidized goods
as well as dumping prosecution for the Indonesian exported goods.

**Article 3**

(1)Chairman and Vice Chairman of the Operational Team of Anti-Dumping,
Chairman of the Secretariat, Chairman of Division of Anti-Dumping,
Chairman of Division of Dumping Prosecution and Chairman of Expert Group
are described in Annex II of the Decree.

(2)Chairman of the Operational Team of Anti-Dumping shall appoint the
required members coming from both government institutes and private
sectors.

**Article 4**

In realizing the tasks, the Chairman of the Operational Team of
Anti-Dumping shall be responsible to and shall submit in writing the
report to the Chairman of Indonesian Anti-Dumping Committee.

**Article 5**

(1)The tasks of Secretariat, Divisions and Expert Group referred to in
Article 1 (1) as stated below

\(a\) The Secretariat shall be tasked with:

1.carrying out the daily administration of both the Operational Team of
Anti-Dumping and the Indonesian Anti-Dumping Committee;

2.Delivering the administration and technical service to support the
tasks of both the Operational Team of Anti-Dumping and the Indonesian
Anti-Dumping Committee;

3.Preparing the required data for formulating policy to handle dumped
import and subsidized goods;

4.Receiving the petition of domestic industry to investigate dumped
import and/or subsidized goods;

5.Supporting the tasks of the Division of Anti-Dumping and the Division
of Dumping Prosecution;

6.Collecting proposals resulting from the study which was done by the
Division and sending them to the Chairman of the Operational Team of
Anti-Dumping;

7.Receiving and/or giving information and evidence to interested parties
in conducting investigation of dumped import and subsidized goods;

8.Organizing the administration of decisions relating to provisional
measures, price undertakings, determination of the amount of
Anti-Dumping Duties and Countervailing Duties;

9.Carrying out the public notice of the Committee relating to
investigation;

(b)The Division of Anti-Dumping shall be tasked with:

1.Conducting investigation into imported goods alleged to be dumped
goods and/or subsidized goods either based on the Committee\'s
initiative or the request of domestic industries;

2.Conducting investigation in the territory of other foreign countries
in order to collect evidence for determining whether the imported goods
alleged to be dumped goods and/or subsidized goods are affirmative or
not;

3.Evaluating the evidence to determine the provisional amount of dumping
margin and/or net subsidy;

4.Evaluating the offer of price undertakings;

5.Evaluating the data to prove the existence of dumped goods and/or
subsidized goods;

6.Evaluating the data to review the imposition of Anti-Dumping Duties or
Countervailing Duties;

7.Proposing all activities relating to the prevention of dumped import
and subsidized goods to the Chairman of the Operational Team of
Anti-Dumping.

(c)The Division of Dumping Prosecution shall be tasked with:

1.Monitoring and inventarizing Indonesian exported goods alleged to be
dumped goods;

2.Preparing all requested information or data to handle Indonesian
exported goods alleged to be dumped goods;

3.Proposing all activities relating to the prevention of Indonesian
exported goods alleged to be dumped goods;

4.Lobbying other foreign countries;

5.Facilitating the lobby or meeting between domestic industry alleged to
do dumped goods;

6.Giving information relating to lawyer or dumped export either from
Indonesia or from other countries which can be hired by domestic
industry to cope with dumping cases;

(d)Expert group shall be tasked with supporting the Chairman of the
Operational Team of Anti-Dumping.

**Article 6**

The Chairman of Divisions and the Chairman of Expert Group referred to
in Article 1 (1), in implementing their tasks, shall be responsible for
their activities and shall submit the report to the Chairman of the
Operational Team of Anti-Dumping.

**Article 7**

All expenses arising from the implementation of the tasks of the
Operational Team of Anti-Dumping shall be borne by the budget of the
Ministry of Industry and Trade.

**Article 8**

Further rules and operation procedures of the Operational Team of
Anti-Dumping shall be stipulated by the Chairman of the Operational Team
of Anti-Dumping.

**Article 9**

The decree shall enter into force on the day it is enacted.

Stipulated in: J a k a r t a

On 8 July 1996

**Signed by**

**The Minister of Industry and Trade**

**T. Ariwibowo**

ANNEX 1

THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE

NUMBER: 172/MPP/Kep/1996

DATE: 8 July 1996

![](media/image1.wmf){width="6.206944444444445in"
height="4.407638888888889in"}

MINISTER OF INDUSTRY AND TRADE

SIGNED BY:

T. ARIWIBOWO

ANNEX II

THE DECREE OF MINISTER OF INDUSTRY AND TRADE

NUMBER: 172/MPP/Kep/1996

DATE: 8 July 1996

\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\-\--

MEMBERS OF THE OPERATIONAL TEAM OF ANTI-DUMPING

I. Chairman of the Team: T.L. YOUSUF

Expert Staff of the Minister of Finance

II\. Vice Chairman of the Team: TAUFIK ABBAS

Expert Staff of the Minister

of Industry and Trade

III\. A. Secretary BUDIYONO

Head of Legal and Organization Affairs,

the Ministry of Industry and Trade

B. Chairman of the Division DAENG M. NAZIER

of Anti-Dumping Director of Tariffs and Price, the Ministry

of Finance

Vice Chairman of the Division of AGUS TJAHAYANA

Dumping Director for Programme Development

Directorate General for Metal, Machine

and Chemical Industry, the Ministry of

Industry and Trade

C. Chairman of the Division of SUDAR, S.A.

Dumping Prosecution Director of Export, Directorate General for
International Trade, the Ministry of Industry and Trade

Vice Chairman of the Division CHAERUDDIN

of Dumping Pro-Director for Programme Development, Directorate-General
for Multivarious Industry, the Ministry of Industry and Trade

D.Chairman of Expert GroupHASAN KARTADJUMENA

Bank of Indonesia