WT/DS490/6  
 
6 October 2017  
(17-5385) Page: 1/1 
  Original: English  
 
 
INDONESIA – SAFEGUARD ON CERTAIN  IRON OR STEEL PRODUC TS  
NOTIFICATION OF AN O THER APPEAL BY THE S EPARATE CUSTOMS TERR ITORY OF TAIWAN, 
PENGHU, KINMEN AND M ATSU UNDER ARTICLES 16.4 AND 17 OF THE U NDERSTANDING  
ON RULES AND PROCEDU RES GOVERNING THE SE TTLEMENT OF DISPUTES  (DSU), AND  
UNDER RULE 23(1) OF THE WORKING PROCEDUR ES FOR APPELLATE REV IEW 
The following communication, dated  3 October 2017 , from the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Ma tsu, is being circulated to Members.  
 
_______________  
 
Pursuant to Articles 16.4 and 17 of the DSU, the Separate Customs Territory of Taiwan, Penghu, 
Kinmen and Matsu  hereby notifies to the Dispute Settlement Body its decision to appeal to the 
Appellate Bo dy certain issues of law covered in the Panel Report and certain legal interpretations 
developed by the Panel in the dispute Indonesia – Safeguard on Certain Iron or Steel Products 
(WT/DS490; WT/DS496). Pursuant to Rule 23(1) of the Working Procedures for Appellate Review,  
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu  simultaneously files this 
Notice of Other Appeal, the Other Appellant Submission and the executive summary thereof with 
the Appellate Body Secretariat.  
For the reasons to be further elaborated in its submissions to the Appellate Body, the 
Separate  Customs Territory of Taiwan, Penghu, Kinmen and Matsu  appeals, and requests that the 
Appellate Body reverse  the findings and conclusions of the Panel, with respect to the followin g 
errors contained in the Panel Report:1 
The Panel erred in the interpretation and application of Article 1 of the Agreement on Safeguards, 
Article XIX:1(a) of GATT 1994 and other relevant provisions when finding that the specific duty 
imposed by Indonesia  is not a safeguard measure.  As a result,  the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu  requests that the Appellate  Body reverse  the Panel's findings 
in paragraphs 7. 40-41 and  8.1(a) of its report, which are based on its legally errone ous reasoning 
in paragraphs 7.10, 7.12 -17 and 7.32.  
Moreover, in the event that the Appellate Body finds that the specific duty imposed by Indonesia is 
a safeguard measure within the meaning of Article 1 of the Agreement on Safeguards, and 
reverses the Pan el's relevant findings and conclusions, the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu  requests that the Appellate Body complete the analysis of the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu 's claims under the Agree ment on 
Safeguards and Articles XIX:1(a) and XIX:2 of GATT 1994.  
Lastly, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu  submits that the 
Appellate Body should leave the Panel's finding contained in paragraphs 7.42 -7.44 of the Panel 
Report that Indonesia's specific duty is inconsistent with Indonesia's MFN -treatment obligation 
under Article I:1 of the GATT 1994 undisturbed.  
__________  
                                                
1 Pursuant to Rule 23(2)( c)(ii)(C) of the Working Procedures for Appellate Review, this Notice of Other 
Appeal includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without 
prejudice to the ability of the Separate Customs Territory of Tai wan, Penghu, Kinmen and Matsu  to refer to 
other paragraphs of the Panel Report in the context of its other appeal.