WORLD TRADE  
ORGANIZATION   
G/ADP/Q1/IDN/14 
G/SCM/Q1/IDN/14 
4 October 2012 
 (12-5378) 
Committee on Anti-Dumping Practices  
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
Questions Posed by the United States Regarding  
the Notification of INDONESIA1 
   The following communication, dated 1 October 2012, is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
 
  The United States thanks Indonesia for its notification of Government Regulation Number 34 
of 2011 concerning Antidumping Measure, Countervailing Measure, and Safeguard Measure 
(hereinafter  Regulation Number 34) and poses the following questions: 
 
Question 1 
  Are the WTO Agreements on Antidumping (herei nafter AD Agreement) and Subsidies and 
Countervailing Measures (hereinafter SCM Agreemen t) self-implementing under Indonesian law?  
Assuming in the event that the AD Agreement a nd the SCM Agreement are self-implementing, please 
clarify what legal authority takes precedence in the event of a conflict between Regulation Number 34  
and these World Trade Organization (WTO) Agreements.  Question 2 
 
 Article 1(14) of Chapter I states that "Injury, for the purpose of the Countervailing Measure, 
shall be understood to mean ... (b) cancellation or reduc tion of profits which is directly or indirectly 
obtained from tariff concessions from the subsidizi ng country ...".  Please explain how "cancellation 
or reduction of profits which is directly or i ndirectly obtained from tariff concessions from the 
subsidizing country" is consistent with the concepts of material injury, threat of material injury, or 
material retardation, as these terms are used  in footnote 45 of the SCM Agreement.  
 Question 3 
  Regarding Article 1(17) of Chapter I, the de finition of "Domestic Industry" excludes certain 
entities found in subsection (a) and (b).  Must I ndonesia always exclude the entities set forth in these 
subsections from the relevant dom estic industry, or are such exclusions discretionary?  If such 
exclusions are discretionary, please explain under what circumstances Indonesia will exclude such 
entities from the relevant Domestic Industry.    
                                                      
1 G/ADP/N/1/IDN/3-G/ SCM/N/1/IDN/3.   G/ADP/Q1/IDN/14 
G/SCM/Q1/IDN/14 
Page 2 
  
  Question 4 
 
 Regarding Article 4(6) of Chapter II, Part Tw o, and Article 11 of Chapter II, Part Three, 
please confirm that parties submitting confidential in formation will be required to provide a summary 
of confidential information which will be suffi cient to provide a reasonable understanding of the 
confidential information submitted, in accordan ce with Article 6.5 of the AD Agreement. 
 
Question 5 
 
 Article 8 of Chapter II, Part Two and Article 43 of Chapter III, Part Two use the term "public 
notice".  Please explain how such "public notice" will be accomplished.  Insofar as "national mass 
media"—as that term is used in the Elucidations —will be used to satisfy such "public notice" 
requirement, please explain what types of "national mass media" will be used.    Question 6 
 
 Article 14 of Chapter II, Part Three and Article 48 of Chapter III, Part Three both state that 
Indonesia "may" provide non-confidential information th at it receives to certain interested parties.  
Does the use of the word "may" indicate that Indonesia has the discretion to provide such 
information?  If so, how is this provision consis tent with Article 6.4 of the AD Agreement and 
Article 12.3 of the SCM Agreement, which indicate that "{t}he authorities shall whenever practicable 
provide opportunities for all interested parties" to examine relevant non-c onfidential information? 
 Question 7 
  Article 17 of Chapter II, Part Three, and Artic le 51 of Chapter III, Part Three both indicate 
that "{Indonesia} shall evaluate all relevant economi c factors related to the condition of the Domestic 
Industry and other relevant factors".  The Elucidation  then lists certain factors that Indonesia "may 
include" as "relevant economic factors".   
 
a. How does Indonesia implement the requirements of Article 3.2 of the AD Agreement and 
Article 15.2 of the SCM Agreement concerning the analysis of the volume and price effects of 
dumped or subsidized imports? 
 
b. As part of its analysis of material injury under Articles 17 and 51, must Indonesia analyze the 
factors listed in Article 3.4 of the AD Agreem ent and Article 15.4 of the SCM Agreement? 
 
c. As part of its analysis of threat of material injury under Articles 17 and 51, must Indonesia 
analyze the factors set forth in Article 3.7(i)–( iv) of the AD Agreement or Article 15.7 of the 
SCM Agreement?   
 Question 8 
 
 Various parts of Chapter II describe when Indonesia will contact producers and exporters. 
 
a. Article 8 of Chapter II, Part Two indicates that Indonesia will "inform the initiation of the 
investigation to:  a. the exporters and/or exporter's producers directly or through the 
government of the exporting countries...".  Article 6.1.3 of the AD Agreement requires that 
Indonesia directly inform known exporters of the initiation of the investigation, as well as 
provide known exporters a copy of the non-confid ential application of investigation.  What 
provisions will Indonesia institute to ensure that all exporters will be informed of the 
investigation and receive the non-confid ential application for investigation?  G/ADP/Q1/IDN/14 
 G/SCM/Q1/IDN/14 
 Page 3 
  
  b. Articles 11(1) of Chapter II, Part Three notes that Indonesia "shall request required 
information from the following parties:  a. the exporters and/ or the exporter's producers 
directly or through the government of the e xporting countries;  ..."  Please confirm that 
Indonesia will contact known exporters directly with all requests for information as required 
by Article 12.1 of the AD Agreement in order for respondents to have a full opportunity for 
the defence of their interests in accordan ce with Article 6.2 of the AD Agreement. 
 c. Article 18(2) of Chapter II, Part Four notes that  the preliminary determination "(1) shall be 
informed to the exporters and/or exporter's pr oducers directly or through the government of 
the exporting countries, the petitioner or the Do mestic Industry, and importers".  Please 
confirm that both preliminary and final determ inations including all supporting information 
will be notified directly to interested pa rties in accordance with Article 12.2 of the 
AD Agreement. 
 Question 9 
 
 With regard to the release of information discu ssed in Article 14 of Chapter II, Part Three, 
please explain the process by which interested parties can obtain access to this information, as well as 
whether an electronically-accessible record  will be maintained by Indonesia.   
 Question 10 
 
 Also, will any parties to investigations conducted under Regulation Number 34 , or such 
parties' representatives, be able to receive confidential information pursuant to the types of protective 
orders described in in footnote 17 of the AD Agre ement and footnote 42 of the SCM Agreement?   
 
Question 11 
  Article 18 of Chapter II, Part Four and Article  52 of Chapter III, Part Three both state that 
Indonesia "may issue a preliminary determination a nd give recommendation to the Minister to impose 
Provisional Measures" if it finds sufficient prima facie evidence of dumped or subsidized imports 
causing injury.  Does Indonesia issue preliminary determinations in all antidumping and 
countervailing duty investigations?  Question 12 
 
 Articles 18(7) and 18(8) of Chapter II, Part Four  and also Articles 25(5) and 27 of Chapter II, 
Part Six seem to contradict each other as to which Minister will decide the rate of provisional and 
final duty, respectively, and the time period of imposition of duty.   
a. Please clarify the role of the two Ministers in the determination of the amount of dumping 
duty collected and time period for imposition of duty. 
 
b. Please explain whether the Minister of Fina nce has authority to adjust the AD duties 
determined by the Minister in Charge of Trade Affairs? 
 
c. What opportunities do interested parties have to present their arguments directly to the 
Minister in the decision-making process? G/ADP/Q1/IDN/14 
G/SCM/Q1/IDN/14 
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  Question 13 
 
 Article 31(1) of Chapter II, Part Seven notes th at reviews may be requested in part by "a. 
exporters, exporter's producers, the petitioner or the Domestic Industry, and/or importers as 
mentioned in Article 11 paragraph (1) who are cooperative during the c ourse of investigation;  ..."  
Article 11.2 of the AD Agreement states that re views may be conducted "... upon request by any 
interested party which submits positive information substantiating the need for a review".  Please 
confirm that Indonesia will consider any interested  party's request for a review and will not limit 
which interested parties may request such reviews, particularly where other interested parties submit 
positive information substantiating the need for a review.  Question 14 
 
 Please clarify whether reviews conducted under Article 31(2)(a) of Chapter II, Part Seven 
may result in not only the termination or continuatio n of final duties, but may also change the amount 
of duties being collected.  Question 15 
 
 Article 99(1) of Chapter VII states "{a} ny objection against the imposition of Antidumping 
Measures, Countervailing Measures, and Safegua rd Measure can only be addressed through the 
Dispute Settlement Body of the World Trade Organization".  Please clarify whether any domestic judicial and appeal options are available to interested parties. 
 
Question 16 
 
 Similarly, how does Indonesia implement the requirements of Article 13 of the AD Agreement and Article 23 of the SCM Agreement c oncerning judicial, arbitral, or administrative 
review?  Although Part 7 of the Countervailing Measure  is titled "Judicial Review", it contains no 
judicial review provisions.  Question 17 
 
 Regulation Number 34  contains no provision concerning the circumstances under which the 
Indonesian authority may cumulatively assess the eff ects of imports from multiple countries that are 
simultaneously subject to antidumping or counterva iling duty investigations.  Does Indonesia engage 
in cumulative analysis as permitted by Article 3.3 of the AD Agreement and Article 15.3 of the 
SCM Agreement?  If so, what standards govern the Indonesian authority's use of cumulative analysis? 
 
Question 18 
 
 How does Indonesia implement the requirements of causal link and non-attribution specified 
in Article 3.5 of the Anti-Dumping Agreement a nd Article 15.5 of the Subsidies and Countervailing 
Measures Agreement?   G/ADP/Q1/IDN/14 
 G/SCM/Q1/IDN/14 
 Page 5 
  
  Question 19 
 
 Does Regulation Number 34 authorize Indonesia to engage in a regional injury analysis in 
accordance with Article 4.1(ii) of the AD Agreem ent and Article 16.2 of the SCM Agreement?  
 Question 20 
 
 Please explain whether, under Indonesian law, whether the Elucidation  has the force of law or 
regulation.  
  
 
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