G/RO/W/181  
 
26 October 2018  
(18-6732) Page: 1/2 
Committee on Rules of Origin    
 
QUESTIONS FROM KAZAK HSTAN  TO INDONESIA1 
1. The Government of the Republic of Kazakhstan would like to receive some clarifications on 
laws, regulations and administrative determinations of general application applied by the Republic 
of Indonesia to determine the country of origin of goods mentioned in Article 1 of the Agreement on 
Rules of Origin provided such rules of origin are not related to contractual or autonomous trade 
regimes leading to the granting of tariff preferences going beyond the application of  paragraph 1 of 
Article I of GATT 1994 in connection with the anti -dumping measure that have been applying since 
2013 against hot -rolled coil (HRC) originating in Kazakhstan.  
2. Today, the Government of the Republic of Indonesia is conducting a sunset review of the 
measure. Related proceeding involves an unprecedented meas ure at issue. The original 
anti-dumping measure with regard to imports of hot -rolled coil originating in China;  India;  Russia;  
Chinese Taipei ; and Thailand was imposed in 20082. In 2013 the G overnment of the Republic of 
Indonesia extended application of the original anti -dumping measure against imports of hot -rolled 
coil from Russia ("all  others" rate) to imports originating in Kazakhstan and Belarus in the framework 
of the sunset review inves tigation3. 
3. Kazakhstan would like to highlight that the measure at issue is inconsistent with the WTO 
laws; the Indonesian Anti -Dumping Committee (KADI) has never investigated imports originating in 
Kazakhstan. In its Report on essential facts pertaining to  the sunset review of April 2013, Indonesian 
Anti-Dumping Committee reasoned such an extension by the establishment of the Customs Union 
between Russia;  Belarus;  and Kazakhstan.  
4. However, this reason in itself couldn't justify the imposition of the anti -dumping measure to 
producers that had not been investigated in accordance with the relevant provisions of the WTO 
Agreement.  
5. Kazakhstan would like to note that such reasons are flawed and cannot be a proper justification 
for application of the anti -dumping me asure, since the product at issue is explicitly identified in 
terms of the country of origin according to the national certificate of origin and, theref ore, the 
anti-circumvention concerns can be addressed through the customs control and not through an 
extension and continued application of the anti -dumping measure at issue.  
6. In this regard, Kazakhstan kindly asks Indonesia to provide answers to the following 
questions:  
1. Does Indonesia have laws, regulations and administrative determinations of general 
application applied in relation to a WTO Member to determine the country of origi n of 
goods mentioned in Article  1 of the Agreement on rules of origin of goods, i.e. rules that 
normally recognized as non -preferential rules of origin?  
2. If the answer to Question 1 is negative, could Indonesia clarify how the Indonesian 
Government defines and proves/confirms the country of origin of goods in th e 
application of: most -favoured -nation treatment under Articles I, II, III,  XI and XIII of 
GATT 1994; anti -dumping and countervailing duties under Article VI of GATT 1994; 
                                                
1 The Statement and Questions were presented to Members at the Formal Meeting of the Committee on 
Rules of Origin, held on 15 -16 October 2018.  
2 Decree of the Minister of Finance No. 39.1/P MK.011/2008 of 28 February 2008.  
3 Pursuant to Decree of the Minister of Finance No. 169/PMK.011/2013 of 27 November 2013 . G/RO/W/181  
 
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  safeguard measures under Article XIX of GATT 1994; origin marking requirements under 
Article IX of GATT 1994; and any other quantitative restrictions or tariff quotas.  
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