WT/DS529/6  
 
16 March 2018  
(18-1611) Page: 1/2 
  Original: English  
 
 
AUSTRALIA – ANTI -DUMPING MEASURES ON A4 COPY PAPER  
REQUEST FOR THE ESTA BLISHMENT OF A PANEL  BY INDONESIA  
The following communication, dated 14 March 2018 , from the delegation of Indonesia  to the 
Chairperson of the Dispute Settlement Body, is cir culated pursuant to Article 6.2  of the DSU.  
 
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On 1 September  2017, the Government of the Republic of Indonesia ("Indonesia") 
requested consultations with Australia pursuant to Article 4 of the Understanding on Rules and 
Procedures Governing the Se ttlement of Disputes ("DSU"), Article XXII:1 of the General 
Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 17 of the Agreement on 
Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti -Dumping 
Agreement"), with r espect to Australia 's measures and determinations imposing anti -dumping 
duties on A4 copy paper from Indonesia.1  Indonesia and Australia held consultations on 
31 October 2017 with a view toward reaching a mutually acceptable resolution.2  Unfortunately, 
those consultations failed to resolve the dispute.  
A. THE MEASURES AT ISSUE  
At issue are Australia 's measures imposing anti -dumping duties on A4 copy paper from 
Indonesia as set forth in A4 Copy Paper Exported from the Federative Republic of Brazil, the 
People's Republic of China, the Republic of Indonesia, and the Kingdom of Thailand, Anti -Dumping 
Notice ("ADN") 2017/39, including Report No. 341, Statement of Essential Facts No. 341 ("A4 
Copy Paper Determination"), and all other notices, a nnexes, orders, memoranda, reports, or other 
instruments issued by Australia in connection with the anti -dumping duty measures.  
B. LEGAL BASIS OF THE COMPLAINT  
 In Indonesia's view, the measures at issue are inconsistent as applied with Australia 's 
obligat ions under the following provisions of the Anti -Dumping Agreement and GATT 1994 for the 
following reasons:  
1. Article 2.2 of the Anti -Dumping Agreement because Australia incorrectly decided to construct 
the normal value of A4 copy paper instead of using th e Indonesian producers ' domestic sales price 
based on the supposed existence of a particular market situation that allegedly distorted the raw 
material cost and thereby distorted the Indonesian producers ' domestic sales price of A4 copy 
paper.  But Austral ia did not properly consider that such domestic sales price permitted a proper 
comparison with the Indonesian producers ' export price of A4 copy paper to Australia since 
Indonesian A4 producers used the same raw material of the same cost to produce A4 copy  paper 
for domestic, Australian and other export markets.  By not recognizing a proper comparison was 
possible as required in Article 2.2 of the Anti -Dumping Agreement, Australia failed to correctly 
establish normal value for Indonesian producers of A4 cop y paper in accordance with Article 2.2 of 
Anti-Dumping Agreement.   
                                                
1 WT/DS529/1.  
2 The People's Republic of China, the European Union, and the United States participated in the 
consultations as third parties.  WT/DS529/6  
 
- 2 - 
 
  2. Article 2.2 of the Anti -Dumping Agreement because Australia 's decision that a “particular 
market situation” existed is incorrect and inconsistent with Article 2.2 and resulted in Austra lia's 
use of constructed normal value for Indonesian producers of A4 copy paper, which is incorrect and 
inconsistent with Article 2.2.  
3. Articles 2.2 and 2.2.1.1 of the Anti -Dumping Agreement because Australia failed to construct 
the normal value for cer tain Indonesian producers under investigation on the basis of the cost of 
production of A4 copy paper in the country of origin, i.e., Indonesia.  
4. Articles 2.2 and 2.2.1.1 of the Anti -Dumping Agreement and Article VI:1(b)(ii) of the 
GATT  1994 because thes e provisions require that an investigating authority calculate costs based 
on the records of the producer under investigation.  In constructing the normal value for certain 
Indonesian producers under investigation, Australia did not calculate the cost of p roduction of A4 
copy paper on the basis of the records kept by certain Indonesian producers even though the 
records were in accordance with the generally accepted accounting principles and accurately and 
reasonably reflected the actual cost of production o f A4 copy paper.  Australia, therefore, failed to 
properly calculate the cost of production and properly construct the normal value for those 
producers . 
5. Article 9.3 (chapeau) of the Anti -Dumping Agreement and Article VI:2 of the GATT 1994 
because, by fa iling to determine the normal value on the basis of domestic sales price of 
Indonesian producers of A4 copy paper in accordance with Article 2.2 of the Anti -Dumping 
Agreement and by failing to construct the normal value of A4 copy paper in accordance with 
Articles 2.2 and 2.2.1.1 of the Anti -Dumping Agreement, Australia calculated and imposed anti -
dumping duties, in an amount that exceeds the margin of dumping if correctly calculated on the 
basis of the rules included in Article 2 of the Anti -Dumping Agreem ent.   
C. REQUEST FOR THE ESTABLISHMENT OF A PANEL  
6. Accordingly, Indonesia respectfully requests, pursuant to Articles 4 and 6 of the DSU and 
Article  17.4 of the Anti -Dumping Agreement, that the Dispute Settlement Body establish a panel to 
examine this m anner with standard terms of reference as set out in Article 7.1 of the DSU.  
 
 
 
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