WORLD TRADE  
ORGANIZATION   
G/SG/Q1/IDN/7 
4 April 2012 
 (12-1785) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions posed by the UNITED STATES Regarding  
the Notification of INDONESIA1 
   The following communication, dated 2 April 2012, is being circulated at the request of the Delegation of the United States.    
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  The United States thanks Indonesia for its notification of the Government Regulation 34 of 
2011 concerning Antidumping Measure, Count ervailing Measure, and Safeguard Measure  
(hereinafter  Government Regulation 34) and Elucida tion on Government Regulation of the 
Republic of Indonesia Number 34 of 2011 ( hereinafter  Elucidation) and poses the following 
questions:  
1. With regard to Article 72 (1) of Gove rnment Regulation 34, could Indonesia please 
clarify what is meant by "other domestic parties?" 
 
2. Several articles of Government Regula tion 34 refer to the sequence of events 
following the end of an investigation.  With that understanding, we pose the following questions 
 
a. Article 74 (3) of Government Regula tion 34 states "An investigation ends on 
the date of the final report on the re sult of investigation." Could Indonesia 
please clarify at what stage safeguard (SG) duties are imposed?  Is it when 
the final report is published via "public notice" or on the date that the Minister issues his/her final decision?  
 
b. Articles 81, 84 and 87 of  Government Regulation 34 discuss the process by 
which a recommendation following an inv estigation (or review) is made from 
the Indonesian Safeguard Committee ( hereinafter  KPPI) to the Minister in 
charge of trade affairs and further to the "ministers and/or heads of non-ministerial governmental institutions that are relevant to the Products 
Under Investigation."  However, it is not  clear whether the "ministers and/or 
heads of non-ministerial governmental institutions that are relevant to the Products Under Investigation" may offe r binding opinions as to increasing or 
decreasing the amount of the proposed duty or whether these ministers or heads of non-ministerial government  institutions may veto the imposition of safeguard measures.  Can Indonesia pl ease clarify what specific role these 
                                                      
1 G/SG/N/1/IDN/3.   G/SG/Q1/IDN/7 
Page 2  
 
  ministers or heads of non-ministerial government institutions play when they 
"provide its considerations" under Artic les 81 (2) and 81 (3) of Government 
Regulation 34? 
 
c. Under Article 82 (4) of Government  Regulation 34, does the Minister in 
charge of trade affairs have the ability to veto or override those 
considerations  provided by other ministers and/or heads of non-ministerial 
government institutions? 
 
3. Article 75 of Government Regulation 34 refe rs to "all relevant factors of an objective 
and quantifiable nature" which shall be ex amined during the course of a safeguard 
investigation.  Can Indonesia please confirm that sufficiently detailed non-confidential versions of this information shall be part of the public record of the 
investigation? 
 
4. Article 76 (3) of Governme nt Regulation 34 indicates that notice will be made to 
domestic parties that a safeguard inv estigation has been terminated, while 
Article 82 (1) of Government Regulation 34 indicates that the Indonesia Safeguard Committee will notify the imposition of prov isional measures to petitioners or the 
domestic industry and the associations of importers.  Article 84 (8) of the Government Regulation notes that KPPI will inform the final imposition of a 
safeguard measure to petitioners or the domestic industry and the association of 
importers.  Please explain any other steps th at Indonesia will take to ensure that as 
many interested parties as possible, incl uding affected exporters, will be made aware 
of termination of safeguard investiga tions, imposition of provisional and final 
measures as well as given adequate notice of  all deadlines throughout the course of a 
safeguard investigation. 
 5. Article 85 of Government Regulation 34 states "In circumstances where there is a 
difference between the applicable rate of provisional Safeguard Duty as mentioned in 
Article 81 paragraph (7) and the rate of Safeguard Duty as mentioned in article 84 
paragraph (6), the following prevails:  a.  the excess in the payment of such 
provisional Safeguard Duty is not subject to any request for refund;  or..."  How does 
Indonesia justify retaining duties in excess of  the final determination in light of 
Article 5.1 of the WTO Agreement on Safeguards which states "A Member shall apply safeguard measures only to the extent  necessary to prevent or remedy serious 
injury and to facilitate adjustment"? 
 
6. Article 92 of Government Regulation 34 says:  
 
"(1) The Minister shall notify the Committee on Safeguards of the World Trade Organization concerning:  a. the initiation of an investigation to impose Safeguard Measure;  b. the imposition of 
provisional Safeguard Measure;  a nd c. the imposition of Safeguard 
Measure. 
(2) The notification concerning the imposition of Provisional 
Safeguard Measure shall be done be fore the determination of the 
Provisional Safeguard Duty." 
According to this Article (particularly part 2), it is our understanding that the Minister 
can notify the imposition of provisional measures prior to a determination of 
provisional duties.  Is this a correct unders tanding of this Article?  Alternatively,  G/SG/Q1/IDN/7 
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  should this Article read that such notifica tion will be done prior to the determination 
of the "Final" Safeguard Duty? 
 
7. Article 99 (2) of Government Regula tion 34 states "Any objection regarding the 
execution of Antidumping Duty, Countervailing Duty and Safeguard Duty as 
imposed during the importation shall be a ddressed in accordance to the prevailing 
regulations."  Can Indonesia please clar ify under what regulations objections 
regarding safeguard duties may be raised?  What is the administrative and judicial appeals process for objections raised? 
 
 
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