WORLD TRADE  
ORGANIZATION   
WT/DS442/1 
G/ADP/D94/1 
G/L/993 1 August 2012 
 
(12-4241) 
 Original:   English 
   
EUROPEAN UNION – ANTI-DUMPING MEASURES ON IMPORTS OF  
CERTAIN FATTY ALCOHOLS FROM INDONESIA 
 
Request for Consultations by Indonesia 
  
 The following communication, dated 27 July 2 012, from the delegation of Indonesia to the 
delegation of the European Union and to the Ch airperson 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 17.3of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"),  and Article XXIII:1 of the 
General Agreement on Tariffs and Trade 1994  (the "GATT 1994"), the Government of Indonesia 
requests consultations with the European Union with respect to the imposition of definitive and 
provisional anti-dumping measures by the European Union on the importation of fatty alcohols, and 
with respect to certain aspects of th e investigation underlying these measures.
1 
 
Indonesia is particularly concerned about the following aspects of the measures at issue:  
 
 The European Union failed to treat the I ndonesian exporters' related Singapore sales 
offices as a single economic entity with their related producer/exporters.  Furthermore, 
the European Union made adjustments to th e export price of both Indonesian exporters 
to reflect both the selling expenses of the Singapore sales offices as well as a 
"commission" paid to the related Singa pore sales offices.  Because it did not have a 
proper factual or legal basis for this double-counting, the European Union appears to have acted inconsistently with: 
o Articles 2.3 and 2.4 of the Anti-dumping Agreement, because it inappropriately 
adjusted the export price the Indonesian exporters and thereby failed to conduct a fair comparison between the export price and normal value; 
                                                      
1 The definitive measure was imposed pursuant to Council Implementing Regulation (EU) 
No 1138/2011 of 8 November 2011 imposing a definitive antidumping duty and collecting definitively the 
provisional duty imposed on imports of certain fatty alcohols and their blends originating in India, Indonesia, 
and Malaysia , OJ L 293, 11.11.2011, p.1.  The provisional measure was imposed pursuant to Commission 
Regulation (EU) No 446/2011 of 10 Ma y 2011 imposing a provisional anti-du mping duty on imports of certain 
fatty alcohols and their blends originating in India, Indonesia, and Malaysia , OJ L 122, 11.5.2011, p. 47.  The 
investigation was initiated pursuant to the Notice of initiation of an anti-dumping proceeding concerning imports of certain fatty alcohols and their blends originating in India, Indonesia and Malaysia, OJ C 219, 
13.8.2010, p. 12. WT/DS442/1 
G/ADP/D94/1 G/L/993 
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  o Article 5.8 of the Anti-Dumping Agreem ent, because, where the unwarranted 
adjustment discussed above is eliminated, the dumping margin for the Indonesian exporters falls below the de minimis  threshold, such that no anti-dumping duties 
may legally be imposed on those exporters; 
o Articles 3.1 and 3.5 of the Anti-Dumping Agreement, because the EU incorrectly 
calculated the volume of dumped imports and thereby also failed to properly 
assess the existence of a causal link between dumped imports and the material injury suffered by the domestic industry; 
o Article 9.4 of the Anti-Dumping Agre ement, because the European Union 
incorrectly calculated the "all others" rate  and inappropriately applies definitive 
anti-dumping duties to imports from exporte rs or producers not included in the 
examination; 
o Article 9.2 of the Anti-Dumping Agreement,  because the European Union fails to 
collect anti-dumping duties in the "appropriate amounts"; and 
o Article X:3(a) of the GATT 1994, because the European Union failed and 
continues to fail to administer its laws , regulations, decisions and rulings in a 
uniform, impartial, a nd reasonable manner.  
 The European Union also inappropriately ex cluded "branched" fatty alcohols from the 
scope of the domestic "like" product and, by excluding the production of such 
"branched" fatty alcohols from the scope of  the domestic industry, also incorrectly 
defined the domestic industry.  The European Union thereby appears to have acted inconsistently with: 
o Article 2.6, Articles 3.1 and 4.1 read with  Article 2.6, and Articles 3.4 and 3.5 of 
the Anti-Dumping Agreement, because it incorrectly defined the product under 
consideration as well as the domestic like product, and failed to provide a reasoned 
and adequate explanation for its determination. 
o Article 4.1of the Anti-Dumping Agreemen t, because it incorrectly defined the 
scope of the domestic industry and faile d to provide a reasoned and adequate 
explanation for its determination. 
o Articles 3.1, 3.2, 3.4, and 3.5of the Anti-Dumping Agreement, because it failed to 
conduct a proper injury and causation analysis, based on positive evidence and an 
objective examination of the relevant f acts, and based on a correct product and 
domestic industry definition, and failed to provide a reasoned and adequate 
explanation for its injury and causation determination. 
 The European Union appears to have acted inconsistently with Articles 3.1 and 3.5, 
third sentence, of the Anti-Dumping Agreement by failing to provide a reasoned and 
adequate explanation, based on positiv e evidence and involving an objective 
examination, of why the injury suffered by th e domestic industry was not attributable to 
other known factors, such as, in particular, the effects of sales of branched fatty alcohols on sales of linear fatty alcohols and the impact of the financial crisis.    WT/DS442/1 
 G/ADP/D94/1 
 G/L/993 
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   The European Union appears to have acted in consistently with Articles 3.1, 3.3 and 3.4 
of the Anti-Dumping Agreement by cumulating imports from Indonesia, which were subject to negative price undercutting margin s, with imports from other countries, 
which were at prices that undercut the dom estic product.  The European Union also 
appears to have acted inconsistently with its  own administrative practice in this respect, 
thereby giving rise to a violation of Article X:3(a) of the GATT 1994. 
 The European Union appears to  have acted inconsistently with Articles 6.7 and 6.9 of 
the Anti-Dumping Agreement by failing to pr ovide the Indonesian exporters with the 
results of the EU's verification visits to the exporters. 
 It appears to Indonesia that the foregoing cannot be reconciled with Article VI of the 
GATT 1994, Articles 1 and 18 of the Anti-Dumping Agreement, and the specific provisions cited above.  In addition to the legal instruments embodying  the measures at issue, this request also covers 
any amendments, extensions, related instruments or pr actices, the results of an y review proceedings as 
well as modifications of the original measures tri ggered by any proceedings under EU law, including 
proceedings before the European Court of Justice.   Indonesia reserves the right to raise additional 
legal claims or matters during the course of consultations.  
 Indonesia looks forward to receiving your response to this request.  I propose that the date and 
venue of the consultations be ag reed between our two missions.  
 
 
 
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