. /.  WORLD TRADE  
ORGANIZATION   
G/SG/Q1/IDN/6 
3 April 2012 
 (12-1738) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions posed by MALAYSIA 
Regarding the Notification of INDONESIA1 
   The following communication, dated 30 March 2012, is being circulated at the request of the Delegation of Malaysia.    
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  In communication G/SG/N/1/IDN/3, the Republic of Indonesia notified the Committee on Safeguards of its laws and regula tions relating to Safeguard Measures as stipulated in Government 
Regulation Number 34 of 2011 concerning Anti-Du mping Measures, Countervailing Measures, and 
Safeguard Measures.   
 
Question 1 
 
 Article 79 of the Indonesia Government Re gulation Number 34 of 2011 concerning Anti-
Dumping Measures, Countervailing Measures, and Safeguard Measures states that a hearing will be conducted during the course of investigation.  Howe ver, unlike Article 19 of the Presidential Decree 
No. 84/2002, Article 79 does not provide explicitly on how the hearing will be conducted in term of 
timeframe for submission of views from interested party.  
 Malaysia would appreciate Indonesia's explanation on this. 
 Question 2  
 In accordance to Article 12 of WTO Safeguards Agreement, the country proposing to apply or 
extend a safeguard measure shall provide adequa te opportunity for consultation. However, the 
regulation does not specify any provision for consultation to the affected countries.   
 Could the Government of Indonesia clarify wher e is the provision for the affected countries to 
seek for consultation?   Question 3  
 Article 17 of the WTO Anti-Dumping Agreement (ADA) stipulates that a Member shall provide adequate opportunity for c onsultation before referring to th e Dispute Settlement Body (DSB) 
if a mutually agreed solution failed to achieve . In view of this, Article 79 of the Indonesia 
Government Regulation Number 34 of 2011 mentione d that any objection against the imposition of 
                                                      
1 G/SG/N/1/IDN/3.   G/SG/Q1/IDN/6 
Page 2  
 
  Anti-dumping Measures, Countervailing Measures a nd Safeguard Measures can only be addressed 
through the DSB of the World Trade Organization.   
 Is there any provision in this new legislation where affected countries could resolve the 
disagreement or objection at bilateral le vel before bringing it up to the DSB? 
 Question 4  
 Article 13 of WTO ADA states that: 
 
"Each Member whose national legislation contains provisions on anti-dumping 
measures shall maintain judicial, arbitral or administrative tribunals or procedures for 
the purpose, inter alia, of the prompt review  of administrative actions relating to final 
determinations and reviews of determinations within the meaning of Article 11.  Such 
tribunals or procedures shall be independe nt of the authorities responsible for the 
determination or review in question."  
 In regards to this article, Malaysia would a ppreciate if Indonesia could clarify how Article 99 
(1) and (2) of this regulation could fulfil Indon esian obligation under Article 13 of WTO ADA? 
 Question 5   
 Which provision in the regulation could be used  if interested parties wish to seek for a 
review? 
 
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