WT/DS470/1, G/ADP/D99/1  
G/SCM/D99/1, G/L/1059  
 
2 December 2013  
(13-6577)  Page: 1/3  
  Original: English  
 
PAKISTAN – ANTI-DUMPING AND COUNTERVAILING DUTY INVESTIGATIONS 
ON CERTAIN PAPER PRODUCTS FROM INDONESIA 
REQUEST FOR CONSULTATIONS BY INDONESIA 
The following communication, dated 27 November 2013, from the delegation of Indonesia to 
the delegation of Pakistan and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU. 
 
_______________ 
  
Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the 
Settlement of Disputes, Article 17.3 of the Agreem ent on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994 (the  "Anti-Dumping Agreement"), Article 30 of the 
Agreement on Subsidies and Countervailing Measures (the "SCM Agreement"), and Article XXIII:1 
of the General Agreement on Tariffs and Trad e 1994 (the "GATT 1994"), the Government of 
Indonesia requests consultations with Pakistan with respect to the continuation of, and failure to 
terminate in a timely manner, certain anti-dumping and countervailing duty investigations of 
imports of certain paper products from Indonesia.  
On 10 November 2011 and 23 November 2011, respectively, Pakistan initiated an 
anti-dumping investigation and a countervailing duty investigation of imports of writing/printing 
paper, inter alia, from Indonesia. As of today, two years after their initiation, both investigations 
are still pending and have not been terminated. Indonesia believes that this failure to terminate is 
contrary to Article 5.10 of the Anti-Dumping Ag reement and Article 11.11 of the SCM Agreement, 
which require that any anti-dumping or countervailing duty investigation be terminated "in no case" later than 18 months after the date of initiation. As a result of this failure to conclude or 
terminate the investigations in a timely manner, Pakistan's conduct is also inconsistent with 
several other provisions of the WTO agr eements, as identified further below. 
 Background 
 
On 10 November 2011, Pakistan's National Tariff Commission (the "Commission") initiated 
an anti-dumping investigation of imports of certain paper products from Indonesia (the 
"anti-dumping investigation at issue"). On 12 December 2011, the investigation was suspended by 
the Islamabad High Court. On 24 May 2012, the Islamabad High Court issued a decision declaring that the investigation was inconsistent with Pakistani domestic law. The Islamabad High Court's 
decision is currently under appeal. As of 10 November 2013 – 24 months after initiation of the 
investigation – Pakistan has neither issued a final determination nor terminated the investigation.  
On 23 November 2011, the Commission initiated a countervailing duty investigation of 
alleged subsidized imports of certain paper products from Indonesia (the "countervailing duty 
investigation at issue"). The Peshawar High Court dismissed a petition from certain importers seeking that the investigation be declared ille gal. However, on 18 December 2012, the Peshawar 
High Court granted interim relief suspending the investigation while the Court's determination on 
the consistency of the investigation with Pakistani domestic law was pending. As of 10 November 2013 – more than 23 months after initiation of th e investigation – Pakistan has neither issued a 
final determination nor terminated the investigation. 
 WT/DS470/1 • G/ADP/D99/1 • G/SCM/D99/1 • G/L/1059 
 
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  Legal issues 
 
The Government of Pakistan's continuation of, and failure to terminate in a timely manner, 
both the anti-dumping and the countervailing duty in vestigations at issue, despite the expiry of the 
18-month time limit stipulated by the Anti-Dumping Agreement and the SCM Agreement, 
respectively, appear to be inconsistent with the following provisions of WTO law:  
 Article X:3(a) of the GATT 1994 because, by virtue of its failure to terminate both 
investigations at issue within the timefr ame provided for in Article 5.10 of the 
Anti-Dumping Agreement, in Article 11.11 of the SCM Agreement, as well as in Pakistani 
legislation and regulations incorporating these agreements into Pakistani law
1, the 
Government of Pakistan fails to administer its anti-dumping and countervailing laws, 
regulations, decisions and rulings in a uniform, reasonable, and impartial manner. 
 
 Article 11.11 of the SCM Agreement, becaus e Pakistan has exceeded the requirement 
specified in that provision that any countervailing duty investigation be completed or terminated "in no case" later than 18 months from the date of initiation. 
 
 Article XI:1 of the GATT 1994, because the "chilling effect" on imports of continuing the 
anti-dumping and countervailing duty investigations at issue beyond the time limit specified by Articles 5.10 of the Anti-Dum ping Agreement and of Article 11.11 of the 
SCM Agreements, imposes a limiting condit ion on the importation of the subject 
products from Indonesia. This amounts to a "prohibition[] or restriction[]" on importation, within the meaning of and inconsistently with Article XI:1 of the 
GATT 1994. 
 
 Articles 1 and 18.1 of the Anti-Dumping Agreement, as well as Articles VI:1 and VI:2 of 
the GATT 1994, because the continuation of the anti-dumping investigation at issue, 
beyond the 18-month time limit specified in Article 5.10 of the Anti-Dumping Agreement, constitutes additional impermissible "specific action against dumping" within the meaning of Article 18.1 of the Anti-Dumping Agreement. 
 
 Articles 10 and 32.1 of the SCM Agreement, as well as Article VI:3 of the GATT 1994, 
because the ongoing conduct of the countervailing duty investigation, beyond the 
18-month time limit specified in Article 11.11 of the SCM Agreement, constitutes 
additional impermissible "specific action against a subsidy" within the meaning of Article 32.1 of the SCM Agreement. 
 
In addition, Indonesia considers that Pakistan acts inconsistently with:  
 Articles 1 and 18.4 of the Anti-Dumping Agreement, because Pakistan has failed to take 
all necessary steps, of a general or particular  character, to ensure the conformity of its 
laws, regulations and administrative procedures with the provisions of the Anti-Dumping Agreement. Specifically, Pakistan fails to ensure in its laws, regulations and 
administrative procedures that all anti-dumping investigations are concluded or 
terminated no later than 18 months after their initiation, as required by Article 5.10 of the Anti-Dumping Agreement. 
 
 Articles 10 and 32.5 of the SCM Agreement, because Pakistan has failed to take all 
necessary steps, of a general or particular character, to ensure the conformity of its 
laws, regulations and administrative procedures with the provisions of the 
SCM Agreement. Specifically, Pakistan fails to ensure in its laws, regulations and 
                                               
1 Indonesia understands that the relevant Pakist ani national laws applicable to anti-dumping 
investigations are the National Tariff Commission Act of 1990, the Anti-Dumping Duties Ordinance of 2000 and the Anti-Dumping Duties (Amendment) Act of 2011. In particular, Article 29 of the Anti-Dumping Duties 
Ordinance of 2000 provides that "[t]he Commission sh all, except in special circumstances, conclude an 
investigation within twelve months, and in no case more than eighteen months after its initiation." 
Indonesia further understands that the relevant Pakist ani national laws applicable to countervailing duty 
investigations are the National Tariff Commission Act of 1990 and the Countervailing Duties Ordinance of 2001. 
Article 12.8 of the Countervailing Duties Ordinance of 2001 provides, in relevant part, that "[a]n investigation 
shall, whenever possible, be conclude d within one year and in no event later than eighteen months from its 
initiation […]." WT/DS470/1 • G/ADP/D99/1 • G/SCM/D99/1 • G/L/1059 
 
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  administrative procedures that all countervailing investigation are concluded or 
terminated no later than 18 months after their initiation, as required by Article 11.11 of the SCM Agreement. 
 
 Article 5.10 of the Anti-Dumping Agreement, to the extent that Pakistani law requires 
the National Tariff Commission to continue, or prevents it from concluding or otherwise terminating, an anti-dumping investigation within the legally-required time limit of 
18 months in circumstances where court proceedings related to that investigation have 
been initiated. 
 
 Article 11.11 of the SCM Agreement, to the extent that Pakistani law requires the 
National Tariff Commission to continue, or prevents it from concluding or otherwise 
terminating, a countervailing duty investigation within the legally-required time limit of 18 months in circumstances where court proceedings related to that investigation have 
been initiated. 
 
For these reasons, Indonesia considers that the actions of the Government of Pakistan 
cannot be reconciled with Article VI of the GATT 1994, Articles 1, 5.10, 18.1 and 18.4  of the 
Anti-Dumping Agreement, Articles 10, 11.11 and 32.5 of the SCM Agreement, Article X:1 
and X:3(a) of the GATT 1994, as well as the specific provisions cited above, Indonesia reserves the right to raise additional factual issues or legal claims or matters during the course of consultations. 
In addition to the legal instruments embodying the measures listed above, this request also covers 
any amendments, extensions, related instruments or practices, the results of any judicial or administrative review proceedings related to the investigations at issue, including, but not limited 
to, proceedings before the Islamabad and Peshawar High Courts, as well as any measures 
resulting from these investigations.  
Indonesia looks forward to receiving your response to this request. I propose that 
consultations be held in Geneva, on a date  to be agreed between our two missions. 
 
__________