WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 27 April 2012 
 
(12-2242) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
INDONESIA 
 
   The following communication, dated 16 March 2012, is being circulated at the request of the Delegation of Indonesia.   
_______________ 
 
 
UNOFFICIAL ENGLISH TRANSLATION 
 
This is an unofficial English translation of  the Government Regulation Number 34 of 2011 
concerning Antidumping Measure, Countervailing Measu re, and Safeguard Measure.  In the event 
that there may be different or conflicting interp retation of any of the Articles, Paragraphs or 
Elucidations as stipulated in the original and the translated versions, the Indonesian language version 
shall prevail.  
 
 
GOVERNMENT REGULATION OF  
THE REPUBLIC OF INDONESIA  
 
NUMBER 34 OF 2011  
 
CONCERNING  
 
ANTIDUMPING MEASURE, COUNTERVAILING MEASURE,  
AND SAFEGUARD MEASURE
  
 
In consideration of: 
 
a. whereas in order to implement the regulation stipulated in Law Number 7 of 1994 concerning the 
Ratification of the Agreement Establishing the World Trade Organization and Article 23D  Law Number 10 
of 1995 concerning Customs as amended by  Law Number 17 of 2006,  it is necessary to revitalize the 
regulation on antidumping measure, countervailing measure, and safeguard measure; 
b. whereas based on the consideration mentioned in point a,  it is deemed necessary to enact Government 
Regulation concerning  Antidumping Measure, Countervailing Measure, and Safeguard Measure; 
 
In view of: 
1. Article 5 paragraph (2) of the 1945 Constitution of the Republic of Indonesia; 
 G/ADP/N/1/IDN/3 
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  2. Law Number 7 of 1994 concerning the Ratification of the Agreement Establishing the World Trade 
Organization (State Gazette of the Republic Indonesia Year 1994 Number 57,  Supplementary State Gazette 
Number 3564); 
 
3. Law Number 10 of 1995 on Customs (State Gazette of the Republic Indonesia Year 1995 Number 75, 
Supplementary  State Gazette of the Republic Indone sia Number 3612) as amended by Law Number 17 of 
2006 (State Gazette of the Republic Indonesia Year 2006 Number 93,  Supplementary State Gazette Number 4661); 
 
 
HAS DECIDED TO 
 
Enact: GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA CONCERNING ANTIDUMPING 
MEASURE, COUNTERVAILING MEASURE, AND SAFEGUARD MEASURE. 
 
CHAPTER I
 
GENERAL PROVISIONS
 
Article 1 
 
In this Government Regulation: 
 
1. Antidumping Measure shall be understood to mean a measure taken by the government by imposing 
Antidumping Duty on Dumped Products. 
 
2. Countervailing Measure shall be understood to mean a measure taken by the government by imposing 
Countervailing Duty on Subsidized imported products. 
 
3. Safeguard Measure in Trade, hereinafter referred to as  Safeguard Measure, shall be understood to mean a 
measure imposed by the government to remedy Serious Injury or to prevent Threat of Serious Injury 
suffered by a Domestic Industry resulting from imports in such increased, either in absolute and relative 
terms, to Like Products or Directly Competitive Products.  
4. Dumped Products shall be understood to mean products  which are imported at th e Export Price which is 
less than its Normal Value in the exporting country.  
5. Export Price shall be understood to mean the actual price paid or payable for products exported to 
Indonesia's Custom Territory.  
 
6. Normal Value shall be understood to mean the actual price paid or payable for the Like Product in the 
ordinary course of trade at domestic market of the exporting country destined for consumption. 
 
7. Dumping Margin shall be understood to mean the difference between the Normal Value and Export Price of 
the Dumped Products. 
 
8. Subsidy shall be understood to mean: 
 
a. any direct or indirect financial contribution provided by the government or any public body, to an 
enterprise, industry or group of industries or exporters; and/ or 
b. any form of income or price support, given directly or indirectly to increase exports or to decrease 
imports from or to the relevant country, wh ich confers benefit to the Subsidy recipient. 
 
9. Nett Subsidy shall be understood to mean the difference between Subsidy and: 
 
a. application fee, securities, or other charges paid to obtain the Subsidy; and/ or  G/ADP/N/1/IDN/3 
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  b. Charges imposed at the time of export to replace the Subsidy given to the exported products.  
 
10. Like Products shall be understood to mean domestically  produced products which ar e identical or alike in 
all aspects to the imported products or products which have characteristics closely resembling to those of the imported products. 
 
11. Directly Competitive Products shall be understood to mean domestically produced products which in its 
usage can substitute the Products Under Investigation. 
 
12. Quota shall be understood to mean a quantitative restriction on number of products that can be imported 
imposed by the government. 
 
13. Injury, for the purpose of Anti-dumping Measure shall be understood to mean: 
 
a. material injury which has occurred to the Domestic Industry; 
b. threats of material injury to the Domestic Industry; or 
c. material retardation of the establishment of an industry of the Like Products in the country. 
 
14. Injury, for the purpose of Countervailing Measure shall be understood to mean: 
 
a. material injury which has occurred to the Domestic Industry; 
b. cancellation or reduction of profits which is directly or indirectly obtained from tariff concession from 
the subsidizing country; or 
c. Serious threats of material injury to the Domestic Industry. 
 
15. Serious Injury shall be understood to  mean a significant overall impairme nt in the position of a Domestic 
Industry. 
 
16. Threat of Serious Injury shall be understood to mean serious Injury that is clearly imminent to a Domestic 
Industry based on facts, and not merely on allegation, conjecture, or prediction. 
 
17. Domestic Industry, for the purpose of Anti-dumping Measure or Countervailing Measure, are domestic 
producers as a whole of the Like Products or those producers whose collective output of the products 
constitutes a major proportion of the total domestic  production of those Like Products, excluding: 
 
a. domestic producers of the Like Products which are related to the exporters, exporter's producers, or 
importers of the Dumped Products or products which contain Subsidy; and 
b. importers of Dumped Products or products which contain subsidy. 
 
18. Domestic Industry, for the purpose of Safeguard M easure, shall be understood to mean producers as a 
whole of the Like Products or the Directly Competitive Products operating within the territory of Indonesia, 
or whose collective production output of the said products constitutes a major proportion of the total 
domestic production of the those products. 
 
19. Provisional Measures shall be understood to mean measures taken to prevent the Injury being caused 
during the investigation, in the form of Provisional Anti-dumping Duty or Provisional Countervailing Duty. 
        
20. Duty shall be understood to mean a charge collect ed by the state, as impos ed on imported products. 
 
21. Anti-dumping duty shall be understood to mean a char ge collected by the stat e, as imposed on Dumped 
Products causing Injury.   
 
22. Provisional Anti-dumping Duty shall be understood to mean a charge collected by  the state, as imposed 
during the investigation on Dumped Products causing Injury based on sufficient  prima facie  evidence. 
 
23. Countervailing Duty shall be understood to mean a charge collected by the country, which is imposed on 
imported products which contain Subsidy causing Injury. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 4 
 
 
   
24. Provisional Countervailing Duty shall be understood to mean a charge collected by the state, as imposed 
during the investigation on imported products which contain Subsidy causing Injury, based on sufficient  
prima facie  evidence. 
 
25. Safeguard Duty shall be understood to mean a charge co llected by the State to reme dy Serious Injury or to 
prevent Threats of Serious Injury suffered by Domestic Industry resulting from imports in such increased, 
of imported products of the Like Products or the Directly Competitive Products with the purpose of 
facilitating the aforesaid Domestic Inju ry to undergo neces sary adjustment. 
 
26. Products Under Investigation, for the purpose of  Anti-dumping Duty and Countervailing Duty, are 
imported products which are the obj ect of anti-dumping investigation or imported products which are 
allegedly to contain subsidy, as stated in the description and specification of the products and tariff code in accordance with Indonesian impor t duty tariff nomenclature.  
 
27. Products Under Investigation, for the purpose of Safeguard Measure, shall be understood to mean imported 
product in such increased quantities, which is under investigation, as stated in the description and 
specification of the products and tariff code stipulated in the Book of Indonesian Import Duty. 
 
28. Minister shall be understood to mean th e minister in charge of trade affairs. 
       29. The Indonesian Anti-dumping Committee, hereinafter referred to acronym "KADI", shall be understood to 
mean the committee which is tasked to undertake in vestigation in relation to Anti-dumping Measures and 
and Countervailing Measures.  
 
30. The Indonesian Safeguard Committee, hereinafter referred to the acronym "KPPI", shall be understood to 
mean the committee which is tasked to undertake investigation in relation to Safeguard Measure. 
      
CHAPTER II
 
ANTI-DUMPING MEASURE
 
Part One
 
Anti-dumping Duties 
 
Article 2
 
(1) In addition to import duty, an anti-dumping duty may also be charged provided the Export Price of the 
im
ported products is less than its Normal Value and caused In jury.
 
(2) The rate of the Anti-dum ping Duty as mentioned in paragraph (1) shall not exceed the mar gin of dum ping.
 
Part Two 
 
Investigation
 
Article 3
 
(1) Anti-dumping Duty as mentioned in Article 2 is imposed after an investigation has been conducted by 
KADI.  
(2) The investigation by KADI as mentioned in 
paragraph (1) may be conducted based on an application or on 
KADI's own initiative.  
 
 
   G/ADP/N/1/IDN/3 
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  Article 4 
 
(1) Domestic producers of the Like Products and/or association of domestic producers of the Like Products 
may file a written application as mentioned in Article 3 paragraph (2) to KADI to conduct investigation for the purpose of imposing of Anti-dumping Measure on imported products which are alleged as Dumped 
Products causing Injury. 
  
(2) The application as mentioned in paragraph (1) can only be made by domestic producers of the Like 
Products and association of domestic producers of the Like Products on behalf of the Domestic Industry. 
        (3) Domestic producers of the Like Products and association of domestic producers of the Like Products shall 
be considered to represent th e Domestic Industry, provided: 
 
a. its production is more than 50% (fifty percent) of the total production of the petitioner as mentioned in 
paragraph (1) and domestic producers of the Like Products who oppose the application for 
investigation; or 
b. production of the petitioner as mentioned in paragraph (1) and domestic producers of the Like Products 
supporting the application for investigation is more than 50% (fifty percent) of the total production of 
petitioner, those who su pport the a pplication, and those who o ppose the a pplication for investi gation.
 
(4) The Application as mentioned in paragraph (1) shall contain  prima facie  evidence and supported by proper 
documentation showing the existence of: 
 
a. Dumped Products; 
b. Injury; and 
c. A causal link between the Dumped Products and the Injury suffered by the petitioner.  
 
(5) Documents as mentioned in paragraph (4) consist of confidential data and non-confidential data. 
 
(6) In case where there is no reasonable ground to treat the confidential data as mentioned in paragraph (5) on a 
confidential basis, KADI ma y disregard the confidentia l nature of such data. 
 
(7) The implementing regulation concerning the procedure to file an application as mentioned in paragraph (1) 
shall be regulated further in Decree of Minister of Trade. 
 
Article 5 
 
Investigation based on KADI's own initiative as mentioned in Article 3 paragraph (2) can be conducted if KADI 
has sufficient  prima facie  evidence on the existence of Dumped Products, Injury suffered by the Domestic 
Industry, and a causal link between th e Dumped Products and th e Injury suffered by the Domestic Industry. 
 
Article 6 
 
(1) Investigation can only be conducted if: 
 
a. production of the petitioner or production of the petitioner and those who support the application 
constitute 25% (twenty five percent) or more than the total production of the Like Products produced by 
the Domestic Industry, if the investigation is to be conducted based on an application; or 
b. Production of the Domestic Industry supporting the investigation to be initiated constitutes 25% (twenty 
five percent) or more than the total production of the Like Products produced by the Domestic Industry, 
if the investigation is to be conducted based on KADI's own initiative. 
 (2) Investigation cannot be conducted or shall be immediately terminated against certain exporters, exporter's 
producers, or exporting country if KADI found that: 
 
a. the rate of the Dumping Margin is less than 2% (two percent) of the Export Price; and/or 
b. the volume of the Dumped Products from: 
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  1. one country is less than 3% (three percent); and 
2. several countries as mentioned in paragraph (2) po int b.1 collectively account for 7% (seven percent) 
or less, of the total import of the Like Products.  
 
Article 7 
 
(1) In case where the properly documented application as mentioned in Article 4 paragraph (1) has been 
accepted, KADI shall inform  the existence of such an applicati on to the government of the exporting 
countries. 
 
(2) In a period of at the latest 30 (thirty) working days since the date when the properly documented application 
has been accepted as mentioned in  Article 4 paragraph (1), KADI: 
 
a. review the sufficiency and accuracy of the  prima facie  evidence presented in the application; and  
b. provide a decision: 
 
1. to reject, in case where the application does no t fulfill the conditions of Article 4 and Article 6 
paragraph (1) point a; or 
2. to accept and to decide initiating an investigation, in case where the applica tion fulfills the conditions 
of Article 4 and Article 6 paragraph (1) point a. 
 
Article 8 
 
(1) An investigation for the purpose of imposing Anti-dumpi ng Measure starts at the time of its public notice.
 
(2) Besides public notice as mentioned in paragraph (1), KADI shall inform the initiation of the investigation 
to: 
 
a. the exporters and/or exporter's producers directly or through the government of the exporting countries, 
the representative of the government of the Republic of Indonesia in the exporting countries, importers, 
and petitioner, in case where the investigation is conducted based on an application; or 
b. the exporters and/or exporter's producers directly or through the government of the exporting countries, 
the representative of the government of the Republic of Indonesia in the exporting countries, importers, 
and the Domestic Industry, in case where the inves tigation is conducted based on KADI's own initiative. 
 
(3) An investi gation ends on the date of the final determination of the investi gation.
 
Article 9 
 
(1) The investigation as mentioned in Article 8 shall be conducted within a maximum period of 12 (twelve) 
months since the date when the investi gation starts.
 
(2) In special circumstances, the period of the investigation as mentioned in paragraph (1) may be extended to a 
maximum period of 18 (eighteen ) months.
 
(3) If during the course of investigation no evidence of Dumped Products causing Injury is found, KADI shall 
promptly terminate the investi gation and re port to the Minister.
 
(4) The termination of the investigation shall be immediately informed directly to the exporters and/or 
exporter's producers or through the government of the exporting countries, the representative of the 
government of the Republic of Indonesia in the expor ting countries, the petitioner or the Domestic Industry, 
and the importers, along with the reasons. 
 
Article 10 
 
(1) KADI shall report the final determination of the investigation to the Minister and the exporters and/or 
exporter's producers directly or through the government of the exporting countries, the representative of the 
government of the Republic of Indonesia in the expor ting countries, the petitioner or the Domestic Industry, 
and the importers, at the latest 7 (seven) working days since the date when the investigation ends. 
  G/ADP/N/1/IDN/3 
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 Page 7 
 
 
  (2) In case where the final determination of the investig ation  evidences the existence of Dumped Products 
causing Injury, KADI shall determined the rate of  the Dumping Margin and give recommendation to the 
Minister on the imposition of Anti-dumping Duty. 
  
(3) In case where the final determination of the investigation fails to demonstrate the existence of Dumped 
Products causing Injury, KADI shall report to the Minister regarding the termination of the investigation. 
  
Part Three 
Evidence and Information 
 
Article 11 
 
(1) In conducting an investigation of the Dumped Produc ts, KADI shall request required information from the 
following parties: 
 
a. the exporters and/ or the exporter's producers directly or through the government of the exporting 
countries; 
b. the petitioner or the Domestic Industry; and 
c. the importers. 
 
(2) Request for information as mentioned in paragraph (1) may include with request of documents. 
  
(3) The parties as mentioned in paragraph (1) may declare confidential or non-confidential nature of certain 
information or documents that they provided. 
 
(4) Confidential information or documents as mentioned in paragraph (3) shall be supported by reasonable 
ground about the nature of its confidentiality. 
 
(5) In case where the reasons as mentioned in paragr aph (4) cannot be accepted, KADI may ignore the 
confidential nature of the information or documents provided. 
 
(6) Information or documents that are declared confidential shall not be provided to other parties without 
specific  permission from the person who provides such information or documents. 
 
(7) The parties as mentioned in paragraph (1) shall subm it written information to KADI along with supporting 
evidence within a maximum period of 40 (forty) calendar days since the date of request for information. 
 
(8) In case where the Party(s) as mentioned in paragraph (1) cannot provide such information within the period 
as mentioned in paragraph (7), the Party(s)  may request for an extension for a maximum period of 30 
(thirty) calendar days to KADI. 
 
(9) Aside from requesting for information from the parties mentioned in paragraph (1), KADI may provide 
opportunities to user industries of the Products Under Investigation and representative of consumer 
organization to provide information about the Products Under Investigation.   
Article 12 
 
(1) In case where the number of  exporters, exporter's producers, importers, or types of the Products Under 
Investigation involves in large number, KADI may limit the examination in an investigation. 
 
(2) The limitation as mentioned in paragraph (1) shall be conducted in the following manner: 
 
a. Randomly selecting exporters, exporter's producers, importers, or types of Products Under Investigation 
by utilizing statistical method based on available information; or 
b. Utilizing the largest percentage of the volume of th e exports of the Products Under Investigation from 
the country in question. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 8 
 
 
   
Article 13 
 
(1) Upon a request from exporters, exporter's producers,  the petitioner or the Domestic Industry, importers, and 
the government of the exporting countries or KADI's own initiative, KADI may conduct hearing for the 
purpose of providing opportunities to exporters, ex porter's producers, the petitioner or the Domestic 
Industry, Importers, and the government of the exporting countries, to present evidence and information orally for the purpose of defending their interest. 
 
(2) Such a request as mentioned in paragraph (1) can only be made: 
 
a. at the latest 14 (fourteen ) calendar days since the due date of the submission of request for information 
as mentioned in Article 11 paragraph (7) and (8); or 
b. at the latest 14 (fourteen) calendar days after the date of the disclosure of preliminary report on 
investigation. 
 (3) In making defenses as mentioned in paragraph (1), exporters, exporter's producers, the petitioner or the 
Domestic Industry, importers, and the government of  the exporting countries, shall submit written evidence 
at the latest 5 (five) calender days  since the date of the hearing. 
 
(4) The implementing regulation concerni ng the request and the procedure to conduct a hearing shall be 
regulated further in Decree of  Minister of Trade.   
 
Article 14 
 
KADI may provide information that it received as menti oned in Article 11 and the results of the hearing as 
mentioned in Article 13 which ar e in nature non-confidential to: 
 a. exporters, exporter's producers, im porters, and/or associations whose majority of its members are the 
exporters, exporter's producers, or importers; 
b. the government of the exporting countries; 
c. domestic producers of the Like Product s or association of domestic producer s whose majority of its members 
produce the Like Products; and 
d. other related parties to the Products Under Investigation.  
 
Article 15 
 
In case where exporters, exporte
r's producers, the petitioner or the Domestic Industry, or importers refuse to 
provide information and/or documents or impeding the investigation, KADI may conduct investigation based 
on the best information available.  
Article 16 
 
(1) For the purpose of examining the acc uracy and the adequacy of the information and/or documents, KADI 
may conduct verification at the premise of the expo rters, exporter's producers, the petitioner or the 
Domestic Industry, or the importers of the Products Under Investigation upon consent from the exporters, exporte
r's producers, the petitioner or the Domestic Industry, or the importers.
 
(2) In case where on the spot verification at the premis e of the exporters and/or exporter's producers is 
conducted, KADI shall in form the representative of the government of the expor ting countries in Indonesia. 
 
Article 17 
 
For the purpose of the examin ation of injury, KADI shall evaluate all r elevant economic factors related to the 
condition of the Domestic Industr y and other relevant factors.
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Part Four 
Provisional Measures 
 
Article 18 
 
(1) If during the course of investigation KADI found sufficient  prima facie  evidence on the existence of 
Dumped Products causing Injury, KADI may issue a preliminary determination and give recommendation 
to the Minister to impose Provisional Measures. 
 
(2) The preliminary determination as mentioned in paragraph (1) shall be informed to the exporters and/or 
exporter's producers directly or through the governme nt of the exporting countries, the petitioner or the 
Domestic Industry, and importers.  
(3) The Minister shall convey the recommendation of KADI as mentioned in paragraph (1) to the ministers 
and/or heads of non-ministerial governmental institutions that are relevant to the Products Under Investigation to obtain their considerations for national interests. 
 
(4) The ministers or the heads of non-ministerial governmental institutions as mentioned in paragraph (3) shall 
provide considerations at the latest 14 (fourteen) working days since the date of the Minister's point 
requesting for such considerations. 
 
(5) If in a time period of 14 (fourteen) working days as mentioned in paragraph (4) the ministers and/or the 
heads of non-ministerial governmental institutions do not provide any consideration, the ministers or the 
heads of non-ministerial government al institutions shall be deemed to have agreed to KADI's 
recommendations 
 
(6) Based on the consideration as mentioned in paragraph (4) and paragraph (5), in a time period of at the latest 
45 (forty five) working days since the date of KADI's recommendations, the Minister shall decide to accept 
or to refuse KADI's recommendations.  
(7) In case where the Minister accepts KA DI's recommendations, the Minister  shall in the time period as 
mentioned in paragraph (6) submit a letter to the minister in charge of finance regarding the decision of:  
a. the rate of the Provisional Antidumping Duty shall not exceed the Dumping Margin; and 
b. the time period for the imposition of the Provisional Anti-dumping Duty. 
 
(8) The minister in charge of finance shall determine the tariff rate and the time period for the imposition of the 
Provisional Anti-dumping Duty in accord ance to the decision of the Minister  as mentioned in paragraph (7) 
in a time period of at the latest 30 (thirty) working days since the date of  the receipt of the Minister's letter 
by the minister in charge of finance.   
 
(9) The determination as mentioned in paragraph (8) shall take into accoun t the convenience of conducting the 
collection of the Provisional Anti-dumping Duty. 
 
Article 19 
 
(1) The Provisional Measure shall not be applied sooner than 60 (sixty) days from the date of the initiation of 
the investigation and shall be applicable for a maximum period of 4 (four) months. 
 
(2) In case where there is a request from exporters of expo rter's producers that represent significant percentage 
of the Products Under Investigation, the imposition of the Provisional Measure may be applied for a 
maximum period of 6 (six) months.  
(3) In case where the Provisional Anti-dumping Duty is determined at an amount of lower than the Dumping 
Margin, the imposition of the Provisional Measure as mentioned in paragraph (1) may be applied for a G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 10 
 
 
  period of 6 (six) months or at the maximum period of 9 (nine) months. 
 
Article 20 
 
(1) The payment of the Provisional Anti-dumping Duty may take the form of the following methods:   
 
a. Payment equal to the amount of the Provisional Anti-dumping Duty; or 
b. Provision of a security in the form of cash deposit, bank security/ bond, or a security from an insurance 
company, equal to the amount of the Provisional Anti-dumping Duty. 
 
(2) The methods of payment of the imposed Provisional Anti-dumping Duty as mentioned in paragraph (1) 
shall be determined by a decree of the minister in charge of finance as mentioned in Article 18 paragraph 
(8).  
(3) The implementing regulation concerning the procedure of payment of the imposed Provisional Anti-
dumping Duty shall be regulated further in Decree of Minister of Finance. 
        
Article 21 
 
(1) The Minister shall decide the termination of the Prov isional Measure if in the final determination of the 
investigation does not exist the Dumped Products causing Injury.   
(2) The Minister shall inform the decision as mentioned in paragraph (1) to the minister in charge of finance in 
a period of 14 (fourteen) working days since the date of the KADI's final determination as mentioned in Article 10 paragraph (3).   
  
(3) The minister in charge of finance sh all stipulate the termination of the Provisional Measure in accordance to 
the decision of the Minister as mentioned in paragraph (2) within a maximum time period of 30 (thirty) 
working days since the date of the r eceipt of the Minister's letter by the minister in charge of finance.   
 
(4) In case where the termination of the Provisional Measure as mentioned in paragraph (3) has been decided, 
importers may file an application for the refund of th e payment or the release any security as mentioned in 
Article 20 paragraph (1) to the minister in charge of finance.  
(5) The implementing regulation concerning the procedure for the refund of the payment of the Provisional 
Anti-dumping Duty as mentioned in paragraph (4), shall be regulated further in decree of the minister in 
charge of finance. 
 
Part Five 
Undertaking Measures 
 
Article 22 
 
(1) Exporters and/or exporter's producers or KADI may offer an Undertaking Measure. 
 
(2) An Undertaking Measure offer is filed by exporters and/or exporter's producers to KADI or from KADI to 
exporters and/or exporter's producers at the latest 7 (seven) calendar days since the date of:  
a. the imposition of the Provisional Anti-dumping Duty; or 
b. the disclosure of preliminary report of the investig ation, in case where there is no imposition of any 
Provisional Anti-dumping Duty. 
 
(3) The Undertaking Measure as mentioned in paragraph (1) may be in the form of Export Price revision or 
cease of export of th e Dumped Products. 
 
(4) The Undertaking Measure offer by the exporter and/or exporter's producers as mentioned in paragraph (1) 
may be approved if the Undertaking Measure would be  adequate to remove the injurious effects resulted  G/ADP/N/1/IDN/3 
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  from imports of the Dumped Products. 
 
Article 23 
 
(1) KADI may accept or refuse the Undertaking Measure offer submitted by exporters and/or exporter's 
producers. 
 
(2) The acceptance or refusal as mentioned in paragraph (1 ) shall be informed by KA DI to exporters and/or 
exporter's producers. 
 
(3) In case where KADI accepts the Undertaking Measure offer, KADI shall conclude a Memorandum of 
Agreement with the exporter or  exporter's producer that offers the Undertaking Measure. 
 
(4) The acceptance or refusal of KADI as mentioned in paragraph (1) shall not term inate the investigation. 
 
(5) If KADI accepts the Undertaking Measure offer and based on the final dete rmination of the investigation, 
Dumped Products causing Injury is found to exist, the Undertaking Measure shall continue. 
 
(6) If KADI accepts the Undertaking Measur e offer and based on the final de termination of the investigation 
Dumped Products causing Injury is found not to exist, the Undertaking Measure shall be terminated, except 
if the absence of Injury is due to the implementation of the Undertaking Measure. 
 
(7) During the implementation of the Undertaking Measure, the exporter and/or exporter's producer: 
a. periodically inform the implementation of the Undertaking Measure to KADI; and 
b. must be willing to be verified. 
  
(8) The implementing regulation concerning the Undertaki ng Measure shall be regulated by the Ministerial 
Decree.    
 
Article 24 
 
In case where an Undertaking Measure is not execut ed in accordance to the Me morandum of Agreement: 
 
a. the subsequent importation of Dumped Products shall be imposed with the Provisional Measure as 
mentioned in Article 18; or 
b. KADI shall continue the process of im posing the Anti-dum ping Duty.
 
Part Six 
Imposition of the Anti-dumping Duty 
 
Article 25 
 
(1) In order to obtain the considerations of national in terests, the Minister shall submit KADI's recommendation 
as mentioned in Article 10 paragraph (2) to ministers and/or heads of non-ministerial governmental 
institutions that are related to the Products Under Investigation. 
 
(2) The ministers and/or the heads of non-ministerial governmental instituti ons as mentioned in paragraph (1) 
shall provide considerations within a time period of 14 (fourteen) working days since the date of the Minister's letter requesting for such considerations. 
 
(3) If in the period of 14 (fourteen) working days as mentioned in paragraph (2), the ministers and/or the heads 
of non-ministerial governmental ins titutions that are related to the Pr oducts Under Investigation do not 
provide their considerations, they shall be deemed to have agreed to KADI's recommendations.  
(4) Based on the considerations as mentioned in paragraph (2) and paragraph (3), the Minister shall decide 
whether to accept or to refuse KADI's recommendations within a time period of 45 (forty five) working days since the date of KADI's recommendations. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 12 
 
 
   
(5) In case where the Minister accepts KADI's recommendations, the Minister shall, within the time period as 
mentioned in paragraph (4), provide a letter to the minister in charge of finance regarding his/her decision, 
including: 
 
a. the rate of the Anti-dumping Duty; and 
b. the time period for the imposition of the Anti-dumping Duty. 
 
 
Article 26 
 
(1) The rate of the Anti-dumping Duty imposed on products exported by non-examined exporters or exporter's 
producers in the investigation, as mentioned in Article  12 paragraph (1), shall be applied not exceed to:  
 
a. The weighted average of the Dumping Margin established based on evidence and information from the 
investigated selected exporter s or exporter's producers; or 
b. The difference between the weight ed average Normal Value of the selected exporters or exporter's 
producers and the Export Prices of exporters or exporter's producers not examined. 
 
(2) In determining the rate of the Anti-dumping Duty as mentioned in paragraph (1), the Dumping Margin that 
is zero or less than 2% (two percent) shall be disregarded. 
 
Article 27 
 
(1) The minister in charge of finance determined the tariff rate and the time period for the imposition of the 
Anti-dumping Duty in accordance to the decision of the Minister within a time period of at the latest 30 
(thirty) working days since the date of the receipt of the Minister's letter as mentioned in Article 25 
paragraph (5) by the minister in charge of finance. 
 
(2) The determination as mentioned in paragraph (1) shall take into accoun t the convenience of conducting the 
collection of the Anti-dumping Duty. 
 
Article 28 
 
(1) The rate of the Anti-dumping Duty as mentioned in Article 27 shall be determined on imports of the 
Dumped Products from: 
 
a. exporters or exporter's producers or  each exporter or exporter's prod ucer in an exporting country; or 
b. exporters or exporter's producers from several exporting countries. 
 
(2) In case where it is impracticable to name each exporter or exporter's producer in an exporting country as 
mentioned in paragraph (1) point a, the imposition of the Anti-dumping Duty can be determined on an 
exporting country basis. 
 
(3) In case of exporters or exporter's producers are from several countries as mentioned in paragraph (1) point 
b, the imposition of the Anti-dumping Duty may be determined for: 
 
a. each exporter or exporter's producer  from each exportin g country; or 
b. one exporting country which is applicable for all e xporters or exporter's producers in that country. 
 
Article 29 
 
(1) In case where there is a difference of the applicab le rate of the Provisional Anti-dumping Duty as 
mentioned in Article 18 paragraph (8) and the rate of the Anti-dumping Duty as mentioned in Article 27, 
then: 
 a. importers may file an application to request for refund of the difference of the excess payment of the  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 13 
 
 
  Provisional Anti-dumping Duty; or 
b. importers shall not be requested to pay the difference of the short of payment of the Provisional Anti-
dumping Duty. 
 
(2) An application for the refund of the difference as mentioned in paragraph (1) point a shall be submitted to 
the minister in charge of finance.   
(3) The minister in charge of finance shall provide a decision on the application for the refund of the difference 
as mentioned in paragraph (1) point a within a maximum time period of 30 (thirty) working days since the date of the receipt of the application. 
 
(4) The implementing regulation concerning the refund of the difference of the payment of Provisional Anti-
dumping Duty, shall be regulated further in decree of the minister in charge of finance.   
 
Article 30 
 
(1) The imposition of the Anti-dumping Duty as mentioned in Article 27 shall remain in force for a maximum 
period of 5 (five) years since the date of imposition. 
 
(2) In the case where the Provisional Measure has been applied as mentioned in Article 18, the Anti-dumping 
Duty as mentioned in paragraph (1) may be applied retroactively since the date of the imposition of the 
Provisional Anti-dumping Duty. 
 
(3) The retroactive implementation as mentioned in paragraph (2) may only be done on the imposition of an 
Anti-dumping Duty whose imposition is based on: 
 
a. the existence of Injury to the Domestic Industry; or 
b. the existence of threats of injury which will materialize into Injury to Domestic Industry due to the 
imports of the Dumped Products if the Provisional Measure is not being applied. 
 
(4) The retroactive implementation of the imposition of the Anti-dumping Duty as mentioned in paragraph (2) 
may be applied for not more than 90 (ninety) days prior to the date of the imposition of the Provisional 
Measure.  
 
(5) The retroactive implementation as mentioned in paragraph (4), if KADI finds that: 
 
a. the Products Under Investigation had been imported as Dumped Products for a short period of time 
with large quantity that undermines  the effectiveness of the impositi on of the Anti-dumping Duty in 
eliminating the Injury; or 
b. importers have been importing Dumped Products which can cause Injury. 
 
(6) The retroactive implementation as mentioned in paragraph (4) may not be applied to the imposition of the 
Anti-dumping Duty whose imposition is based on: 
 
a. the existence of threat of injury to the Domestic Industry; or 
b. material retardation of the establishment of an industry of the Like Products in the country. 
 
(7) The retroactive implementation of the Anti-dumping duty  as mentioned in paragraph (4) may not be applied 
before the date of the initiation of the investigation. 
 
  
 
  
 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 14 
 
 
   
Part Seven 
Reviews 
 
Paragraph 1 
General 
 
Article 31 
 
(1) The imposition of the Anti-dumping duty may be reviewed based upon: 
 
a. an application from exporters, exporter's producers,  the petitioner or the Domestic Industry, and/or 
importers as mentioned in Article 11 paragraph (1) who are cooperative during the course of investigation; 
b. an application from exporters and/or exporter's producers who did not export the Dumped Products 
before the imposition of the Anti-dumping Duty and ar e not affiliated to the exporters and/or exporter's 
producers who are imposed with Anti-dumping Duty; and/or 
c. KADI's own initiative.  
 
(2)  The reviews as mentioned in paragraph (1) consist of: 
 
a. an interim review, in case where there is a need to examine the likelihood that Injury may still continue 
and/or Injury will recur if the imposition of the Anti-dumping Duty is terminated; 
b. a sunset review, in case where the impositi on of the Anti-dumping duty will expire. 
 
Paragraph 2 
Interim Review 
 
Article 32 
 
(1) The application for an interim review may be submitted by: 
 
a. exporters, exporter's producers, and/or import ers to terminate the imposition of the Anti-dumping 
Duty; 
b. Exporters and/or exporter's producers as mentioned in  Article 31 paragraph (1) point b so that they will 
not be imposed with the Anti-dumping Duty; or 
c. exporters, exporter's producers, importers, the petiti oner or the Domestic Industry, as mentioned in 
Article 31 paragraph (1) point a, to revise the rate of the imposed Anti-dumping Duty. 
 
(2) The application as mentioned in paragraph (1) an d KADI's own initiative as mentioned in Article 31 
paragraph (1) point c can only be submitted no sooner than 12 (twelve) months after the imposition of the Anti-dumping Duty has been made into force by the minister in charge of finance.  
 
(3) The provisions regarding the application and the investigation of the interim review shall apply  mutatis 
mutandis  the provisions of Part Two on Investigation and Part Three on Evidence and Information. 
 
Article 33 
 
(1) In case where KADI receives an appli cation as mentioned in Article 32 paragraph (1), KADI shall conduct 
an interim review investigation regarding the likelihood that: 
 
a. the dumping and the Injury will continue to exist; and/or 
b. the dumping and the Injury will recur, if the imposition of the Anti-dumping Duty is terminated.  
 
(2) The interim review investigation as mentioned in paragraph (1) shall be conducted within a maximum time 
period of 12 (twelve) months since the date of the initiation of the interim review investigation. 
  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 15 
 
 
   
(3) The interim review investigation does not terminate the imposition of the Anti-dumping Duty that has been 
determined by the minister in charge of finance as mentioned in Article 27 paragraph (1).  
 
(4) If the result of the interim review investigation finds th at Injury continues to exist or Injury recurs, KADI 
recommends the Minister to: 
 
a. reject the application for the termination of the imposition of the Anti-dumping Duty to exporters, 
exporter's producers, and/or importers; 
b. reject the application for not to impose the Anti-dump ing Duty to the exporters and/or the exporter's 
producers as mentioned in Article 31 paragraph (1) point b; and/ or 
c. accept the application for the revision  of the rate of the imposed Anti- dumping Duty and the rate of the 
Anti-dumping Duty that will be imposed, in the case where the interim review is submitted by the petitioner and the Domestic Industry as mentioned in Article 31 paragraph (1) point a. 
 
(5) If the result of the interim review investigation finds that Injury does not continue and/or Injury does not 
recur, KADI recommends to the Minister to te rminate the imposition of the Anti-dumping Duty. 
 
(6) Based on KADI's recommendation as mentioned in paragraph (4) point c and paragraph (5), the provisions 
regarding the imposition of Anti-dumping Duty as mentioned in Article 25 and Article 27 shall apply  
mutatis mutandis . 
 
Paragraph 3 
Sunset Review 
 
Article 34 
 
(1) An application for a sunset review may be submitted by the petitioner or the Domestic Industry as 
mentioned in Article 31 paragraph (1) point a to request for an extension of the imposition of the Anti-
dumping duty:  
a. along with the revision of the rate of the imposed Anti-dumping Duty; or  
b. without the revision of the rate of the imposed Anti-dumping Duty.  
 
(2) The application as mentioned in paragraph (1) an d KADI's own initiative as mentioned in Article 31 
paragraph (1) point c may only be submitted at the latest 15 (fifteen) months before the expiry date of the imposition of the Anti-dumping Duty. 
 
(3) The provisions regarding the application and the investigation of the sunset review shall apply mutatis 
mutandis the provisions of Part Two on Investigation and Part Three on Evidence and Information. 
 
Article 35 
 
(1) In the case where KADI received an application as mentioned in Article 34 paragraph (1), KADI shall 
conduct a sunset review investigation regarding the likelihood that: 
 
a. the dumping and the Injury will continue to exist; and/or 
b. the dumping and the Injury will recur, if the imposition of the Anti-dumping Duty is terminated. 
 
(2) The sunset review investigation as mentioned in paragraph (1) shall be conducted within a maximum time 
period of 12 (twelve) months since the date of the initiation of the sunset review investigation. 
 
(3) The sunset review investigation does not terminate th e imposition of the Anti-dumping Duty that has been 
determined by the minister in charge of finance as mentioned in Article 27 paragraph (1).  
 
(4) If the result of the investigation finds that Injury con tinues to exist and/or Injury recurs, KADI recommends 
to the Minister to extend the imposition of the Anti-dumping Duty: G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 16 
 
 
  a. along with the revision of the rate of the imposed Anti-dumping Duty; or 
b. without the revision of the rate of the imposed Anti-dumping Duty. 
 
(5) Based on KADI's recommendation as mentioned in paragr aph (4), the provisions regarding the imposition 
of Anti-dumping Duty as mentioned in Article 25 and Article 27 shall apply  mutatis mutandis . 
 
Article 36 
 
The implementing regulation concerning the reviews of Anti-dumping Measures shall be regulated by the 
Ministerial Decree.     
 
CHAPTER III  
COUNTERVAILING MEASURE 
 
Part One 
Countervailing Duties 
 
Article 37 
 
(1) In addition to import duty, a Countervailing Duty may also charged, if: 
 
a. The imported products contain Subsidy from the exporting country; and 
b. The imported products as mentioned in point a cause Injury. 
 
(2) The rate of the Countervailing Duty as mentioned in paragraph (1) shall not exceed the Nett Subsidy. 
 
Part Two 
Investigation 
 
Article 38 
 
(1) The Countervailing Duty as mentioned in Article 37 is imposed after an investigation has been conducted 
by KADI. 
 
(2) The investigation by KADI as mentioned in paragraph (1) may be conducted based on an application or on 
KADI's own initiative.  
 
Article 39 
 
(1) Domestic producers of the Like Products and/or association of domestic producers of the Like Products 
may file a written application as mentioned in Article  38 (2) to KADI to conduct investigation for the 
purpose of imposing of Countervailing Measure on imported products which contain Subsidy causing 
Injury.  
(2) The application as mentioned in paragraph (1) can only be made by domestic producers of the Like 
Products and association of domestic producers of the Like Products on behalf of the Domestic Industry.  
(3) Domestic producers of the Like Products and association of domestic producers of the Like Products shall 
be considered to represent th e Domestic Industry, provided: 
 
a. its production is more than 50% (fifty percent) of the total production of the petitioner as mentioned in 
paragraph (1) and domestic producers of the Like Products who oppose the application for investigation; or 
b. production of the petitioner as mentioned in paragraph (1) and domestic producers of the Like Products 
supporting the application for investigation is more than 50% (fifty percent) of the total production of 
petitioner, those who support the application, and those who oppose the application for investigation.  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 17 
 
 
   
(4) The application as mentioned in paragraph (1) shall contain  prima facie  evidence and supported by proper 
documentation showing the existence of: 
 
a. Subsidy; 
b. Injury; and 
c. A causal link between imported products which contain Subsidy and the Injury suffered by the 
petitioner. 
 
(5) Documents as mentioned in paragraph (4) consist of confidential data and non-confidential data. 
  
(6) In case where there is no reasonable gr ound to treat the confidential data as mentioned in paragraph (5) on a 
confidential basis, KADI may disregard the confidential nature of such data.  
 
(7) The implementing regulation concerning the procedure to file an application as mentioned in paragraph (1) 
shall be regulated further in Decree of Minister of Trade. 
 
Article 40 
 
Investigation based on KADI's own initiative as mentio ned in Article 38 paragraph (2) can be conducted if 
KADI has sufficient  prima facie  evidence on the existence of Nett Subsid y, Injury suffered by the Domestic 
Industry, and a causal link between the Nett Subsidy and Injury suffered by the Domestic Industry. 
 
Article 41 
 
(1) Investigation can only be conducted if: 
 
a. production of the petitioner or production of the petitioner and those who support the application 
constitute 25% (twenty five percent) or more than the total production of the Like Products produced by 
Domestic Industry, if the investigation is to be conducted based on an application; or 
b. production of the Domestic Industry supporting the investigation to be initiated constitutes 25% (twenty 
five percent) or more than the total production of Like Products produced by the Domestic Industry, if 
the investigation is to be conduct ed based on KADI's own initiative. 
 (2) Investigation cannot be conducted or shall be immediately terminated against certain exporters, exporter's 
producers, or exporting country if KADI found that: 
 
a. The rate of Subsidy is less than 1% (one percent) ad valorem; or 
b. The volume of imported products which contain Subsidy actually or potentially are negligible, and 
thus it can be ignored. 
 
Article 42 
 
(1) In case where the properly documented application as mentioned in Article 39 paragraph (1) has been 
accepted, KADI shall inform  the existence of such an applicati on to the government of the exporting 
countries.  
(2) In a period of at the latest 30 (thirty) working days since the date when the properly documented application 
has been accepted as mentioned in Article 39 paragraph (1), KADI: 
 
a. reviews the sufficiency and accuracy of the prima facie evidence presented in  the application; and 
b.
 provides a decision: 
 
1. to reject, in case where the application does no t fulfill the conditions of Article 39 and Article 41 
paragraph (1) point a; or 
2. to accept and to decide initiating an investigation, in case where the applica tion fulfills the conditions 
of Article 39 and Article 41 paragraph (1) point a. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 18 
 
 
   
Article 43 
 
(1) The investigation for the purpose of imposing Counterva iling Measure starts at the time of its public notice. 
 
(2) Besides public notice as mentioned in paragraph (1), KADI shall inform the initiation of the investigation 
to: 
 
a. the exporters and/or exporter's producers directly or through the government of the exporting countries, 
the representative of the government of the Republic of Indonesia in the exporting countries, importers, and petitioner, in case there the investigation is conducted based on an application; or  
b. the exporters and/or exporter's producers directly or through the government of the exporting countries, 
the representative of the government of the Republic of Indonesia in the exporting countries, importers, and the Domestic Industry, in case where the inves tigation is conducted based on KADI's own initiative. 
 
(3) An investigation ends on the date of the final determination of the investigation. 
 
Article 44 
 
(1) The investigation as mentioned in Article 43 shall be  conducted within a maximum period of 12 (twelve) 
months since the date when the investigation starts. 
 
(2) In special circumstances, the period of investigation as mentioned in paragraph (1) may be extended to a 
maximum period of 18 (eighteen) months.  
(3) If during the course of investigation, no evidence of products containing Subsidy that cause Injury is found, 
KADI shall promptly terminate the investigation and report to the Minister. 
 
(4) The termination of the investigation shall be immediately informed to the exporters and/or exporter's 
producers directly or through the government of the exporting country, embassy of the Republic of Indonesia in the exporting country, petitioners or the Do mestic Injury, and importers along with the reasons. 
 
Article 45 
 
(1) KADI shall report the final determination of the investigation to the Minister and the exporters and/or 
exporter's producers directly or through the government of the exporting countries, the representative of the 
government of the Republic Indonesia in the exporting countries, the petitioner or the Domestic Industry, 
and the importers at the latest 7 (seven) working days since the date when the investigation ends.  
 
(2) In case where the final determination of the investig ation evidences the existen ce of products which contain 
Subsidy causing Injury, KADI shall determined the rate of the Nett Subsidy and give recommendation to the Minister on the imposition the Countervailing Duty.   
 
(3) In case where the final determination of the investigation fails to demonstrate the existence of products 
which contain Subsidy causing Injury, KADI shall report  to the Minister regarding the termination of the 
investigation. 
 
Part Three 
Evidence and Information 
 
Article 46 
 
(1) In conducting an investigation on the products which contain Subsidy, KADI shall request the required 
information from the following parties: 
 
a. the exporters and/or the exporter's producers directly or through the government of the exporting 
countries;  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 19 
 
 
  b. the petitioner or the Domestic Industry; and 
c. the importers. 
 
(2) Request for information as mention in paragraph (1) may include with request of documents.  
 
(3) The parties as mentioned in paragraph (1) may declare confidential or non-confidential nature of certain 
information or documents that they provided. 
 
(4) Confidential information or documents as mentioned in paragraph (3) shall be supported by reasonable 
ground about the nature of its confidentiality. 
 
(5) In case where the reasons as mentioned in para graph (4) cannot be accepted, KADI may ignore the 
confidential nature of the information or documents provided. 
 
(6) Information or documents that are declared confidential shall not be provided to other parties without 
specific  permission from the person who provides such information or documents.   
 
(7) The parties as mentioned in paragraph (1) shall subm it written information to KADI along with supporting 
evidence within a maximum period of 40 (forty) calendar days since the date of request for information. 
 
(8) In case where the Party(s) as menti oned in paragraph (1) cannot provide such information within the period 
as mentioned in paragraph (7), Party(s) may request for an extension for a maximum period of 30 (thity) calendar days to KADI.  
 
(9) Besides from requesting for information from the parties mentioned in paragraph (1), KADI may provide 
opportunities to user industries of the Products Under Investigation and representative of consumer 
organization to provide information about the Products Under Investigation.  
 
Article 47  
 
(1) Upon a request from exporters, export er's producers, the petitioner or th e Domestic Industry, importers, and 
the government of the exporting countries or KADI's  own initiative, KADI may conduct hearing for the 
purpose of providing opportunities to exporters, ex porter's producers, the petitioner or the Domestic 
Industry, importers, and the government of the expo rting countries, to present evidence and information 
orally for the purpose of defending their interest. 
 (2) Such a request as mention in paragraph (1) can only be made:  
 
a. at the latest 14 (fourteen ) calendar days since the due date of the submission of request for information 
as mentioned in Article 46 paragraph (7) and (8); or 
b. at the latest 14 (fourteen) calendar days after the date of the disclosure of preliminary report on  
investigation. 
 
(3) In making defenses as mentioned in paragraph (1), e xporters, exporter's produc ers, the petitioner or the 
Domestic Industry, importers, and the government of  the exporting countries, shall submit written evidence 
at the latest 5 (five) calendar days since the date of the hearing.  
 
(4) The implementing regulation concerning the request and the procedure to conduct a hearing shall be 
regulated further in Decree of Minister of Trade. 
 
Article 48 
 
KADI may provide information that it received as menti oned in Article 46 and the results of the hearing as 
mentioned in Article 47 which ar e in nature non-confidential to: 
 
a. exporters, exporter's producers, importers, and/or as sociations whose majority of its members are the 
exporters, producers, or importers; G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 20 
 
 
  b. the government of the exporting countries; 
c. domestic producers of the Like Products or association of the domestic producers whose majority of its 
members produce the Like Products; and 
d. other related parties to the Products Under Investigation.  
 
Article 49 
 
In case where exporters, exporter's pr oducers, the petitioner or the Domestic Industry, or importers refuse to 
provide information and/or documents or impeding the investigation, KADI may conduct investigation based 
on the best information available.  
 
Article 50 
 
(1) For the purpose of examining the accuracy and the adequacy of the information and/or documents, KADI 
may conduct verification at the premise of exporters, exporter's producers, the petitioner or the Domestic 
Industry, or the importers of the Products Under Investigation upon consent from exporters, exporter's 
producers, the petitioner or the Domestic Industry, or importers.  
 
(2) In case where on the spot verification at the premis e of the exporters and/or exporter's producers is 
conducted, KADI shall inform the representatative of  the government of the exporting countries in 
Indonesia.  
 
Article 51 
 
For the purpose of the examination of injury, KADI shall evaluate all relevant economic factors related to the 
condition of the Domestic Industr y and other relevant factors.
 
Part Four 
Provisional Measures 
 
Article 52  
 
(1) If during the course of investigation, KADI found su fficient prima facie evidence on the existence of the 
products which contain Subsidy causing the Injury, KADI may issue a preliminary determination and give 
recommendation to the Minister to impose Provisional Measures. 
 
(2) The preliminary determination as mentioned in paragraph (1) shall be informed to the exporters and/or 
exporter's producers directly or through the governme nt of the exporting countries, the petitioner or the 
Domestic Industry, and importers.  
 
(3) The Minister shall convey the recommendation of KADI as mentioned in paragraph (1) to the ministers 
and/or heads of non ministerial governmental ins titutions that are relevant to the Products Under 
Investigation to obtain their consideration for national interests. 
 
(4) The ministers or the heads of non-ministerial governmental institutions as mentioned in paragraph (3) shall 
provide considerations at the latest 14 (fourteen) working days since the date of the Minister's point 
requesting for such considerations. 
 
(5) If in a time period of 14 (fourteen) working days as mentioned in paragraph (4) the ministers and/or the 
heads of non-ministerial governmental institutions does not provide any consideration, the ministers or the 
heads of non-ministerial government al institutions shall be deemed to have agreed to KADI's 
recommendations. 
 
(6) Based on the consideration as mentioned in paragraph (4), in a time period of at the latest 45 (forty five) 
working days since the date of KADI's recommendations , the Minister shall decide to accept or to refuse 
KADI's recommendations. 
  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 21 
 
 
  (7) In case where the Minister accepts KA DI's recommendations, the Minister  shall in the time period as 
mentioned in paragraph (6) submit a letter to the minister in charge of finance regarding the decision of:  
 
a. the rate of the Provisional Countervailing Duty  shall not exceed  the Nett Subsidy; and  
b. the time period for the imposition of the Provisional Countervailing Duty. 
 
(8) The minister in charge of finance shall determine the tariff rate and the time period for the imposition of the 
Provisional Countervailing Duty in acco rdance to the decision of the Minist er as mentioned in paragraph (7) 
in a time period of at the latest 30 (thirty) working days since the date of  the receipt of the Minister's letter 
by the minister in charge of finance.  
 
(9) The determination as mentioned in paragraph (8) shall take into accoun t the convenience of conducting the 
collection of the Provisional Countervailing Duty.  
 
Article 53 
 
(1) The Provisional Measures shall not be applied sooner than  60 (sixty) days from the date of the initiation of 
the investigation and shall be applicable for a maximum period of 4 (four) months. 
 
(2) The payment of the Provisional Co untervailing Duty may ta ke the form of the following methods:   
a. Payment equal to the amount of the Provisional Countervailing Duty; or 
b. Provision of a security in the form of cash depos it, security/bond, or a security from an insurance 
company equal to the amount of th e Provisional Countervailing Duty. 
 (3) The methods of payment of the imposed Provisional Countervailing Duty as mentioned in paragraph (2) 
shall be determined by a decree of the minister in charge of finance as mentioned in Article 52 paragraph 
(8).  
 
(4) The implementing regulation concerning the procedure of payment of the imposed Provisional 
Countervailing Duties shall be regulated furt her in Decree of Minister of Finance. 
 
Article 54 
 
(1) The Minister shall decide the termination of the Provis ional Measures if in the final determination of the 
investigation does not exist the products which contain Subsidy causing Injury.   
 
(2) The Minister shall inform the decision as mentioned in paragraph (1) to the minister in charge of finance in 
a period of 14 (fourteen) working days since the date of KADI's final determination as mentioned in Articel 45 paragraph (3).  
 
(3) The minister in charge of finance shall stipulate the termination of the Provisional Measures in accordance 
to the decision of the Minister as mentioned in paragraph (2) within a maximum time period of 30 (thirty) 
working days since the date of the receipt date of the Minister's letter by the minister that runs 
governmental functions in the area of finance.   
 
(4) In case where the termination of the Provisional Measures as mentioned in paragraph (3) has been decided, 
importers may file an application for the refund of the payment or the release of any security as mentioned 
in Article 53 paragraph (2) to the minister in charge of finance. 
 
(5) 
The implementing regulation concerning the procedure for the refund of the payment of the Provisional 
Countervailing Duty as mentioned in paragraph (4), shall be regulated further in decree of the minister in 
charge of finance.   
  
 
 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 22 
 
 
  Part Five 
Undertaking Measures 
 
Article 55 
 
(1) Exporters and/or exporter's producers or KADI may offer an Undertaking Measure. 
 (2) An Undertaking Measure offer is filed by exporters and/or exporter's producers to KADI or from KADI to 
the exporters and/or exporter's producers at the latest 7 (seven) working days since the date of: 
 
a. the imposition of the Provisional Countervailing Duty; or  
b. the disclosure of preliminary report of the inves tigation in case where there is no imposition of any 
Provisional Countervailing Duty. 
 
(3) The Undertaking Measure as mentioned in paragraph (1) may be in the form of:  
 
a. Export Price revision for the products which contain Subsidy; 
b. Elimination or limitation on Subsidy or other measures which can eliminate the Injury caused by the 
Subsidy. 
 
(4) The Undertaking Measure offer by the exporters and/or exporter's producers as mentioned in paragraph (1) 
may be approved if the Undertaking Measure would be adequate to remove the Injurious effects resulted 
from the products which contain Subsidy.  
 
Article 56 
 
(1) KADI may accept or refuse the Undertaking Measur e offer submitted by exporters and/or exporter's 
producers. 
 
(2) The acceptance or refusal as mentioned in paragraph (1) shall be informed by KADI to exporters and/or 
exoporter's producers. 
 
(3) In case when KADI accepts the U ndertaking Measure offer, KADI shall conclude a memorandum of 
agreement with the expo rter or exporter's producers that  offers the Undertaking Measure. 
 
(4) The acceptance or refusal of KADI as mentioned in paragraph (1) shall not term inate the investigation. 
 
(5) If KADI accepts the Undertakin g Measure offer and based on the final determination of the investigation, 
the products which contain Subsidy causing Injury is found to exist, the Undertaking Measure shall 
continue. 
 
(6) If KADI accepts the Undertakin g Measure offer and based on the final determination of the investigation, 
the products contain Subsidy causing Injury is foun d not to exist, the Undertaking Measure shall be 
terminated, except if the absence of  Injury is due to the implementation of the Undertaking Measure. 
 
(7) During the implementation of the Undertaking Measur e, the exporters and/or the exporter's producers: 
 
a. periodically inform the implementation of the Undertaking Measure to KADI; and 
b. 
must be willing to be verified.   
 (8) The implementing regulation concerning the Undertaking Measure, shall be regulated by Ministerial 
Decree.  
  
 
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  Article 57 
 
In case where an Undertaking Measure is not execut ed in accordance to the Me morandum of Agreement:  
 a. The subsequent importation of the products which contain Subsidy shall be imposed with the Provisional 
Measure as mentioned in Article 52; or 
b. KADI shall continue the process of imposing the Countervailing Duty. 
 
Part Six 
Imposition of Countervailing Duty 
 
Article 58 
 
(1) In order to obtain the consideration of national interests, the Minister shall submit KADI's 
recommendations as mentioned in Article 45 paragraph (2) to ministers and/or heads of non-ministerial 
governmental institutions that are related to the Products Under Investigation. 
 
(2) The ministers and/or the heads of non-ministerial governmental institutions as mentioned in paragraph (1) 
shall provide considerations within a time period of 14 (fourteen) working days since the date of the 
Minister's letter requesting for such considerations. 
 (3) If in the period of 14 (fourteen) working days as mentioned in paragraph (2), the ministers and/or the heads 
of non-ministerial governmental institutions that are related to the Products Under Investigation do not 
provide their considerations, they shall be deemed to have agreed to KADI's recommendations. 
 
(4) Based on the considerations as mentioned in paragraph (2) the Minister shall deci de whether to accept or to 
refuse KADI's recommendation within a time period of 45 (forty five) working days since the date of KADI's recommendations. 
 
(5) In case where the Minister accepts KA DI's recommendations, the Minister sh all, within the time period as 
mentioned in paragraph (4), provide a letter to the minister in charge of finance regarding his/her decision, 
including: 
 
a. The rate of the Countervailing Duty; 
b. The time period for the imposition of the Countervailing Duty.  
 
Article 59 
 
Exporters and/or exporte
r's producers, who are not assessed due to reasons other than refusing to submit 
information as mentioned in Article 49 will be reviewed in an expedited manner in order to determine their 
Countervailing Duty for each exporte r and/or exporter's producer. 
 
Article 60 
 
(1) The minister in charge of finance determined the tariff rate and the time period for the imposition of the 
Countervailing Duty in accordance to the decision of the Minister w ithin a time period of at the latest 30 
(thirty) working days since the receipt of the Minister 's letter as mentioned in Article 58 paragraph (5) by 
the minister in charge of finance.   
 
(2) The determination as mentioned in paragraph (1) shall take into account the convenience of conducting the 
collection of the Countervailing Duty. 
 
Article 61 
 
(1) The rate of the Countervailing Duty as mentioned in Article 60 shall be determined on imports of the 
products contain Subsidy from:  
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G/SCM/N/1/IDN/3 Page 24 
 
 
  a. exporters or exporter's producers or  each exporter or exporter's pro ducers in an exporting country; or 
b. exporters or exporter's producers from several exporting countries.
 
(2) In case where it is impracticable to name each exporter  or exporter's producer in an exporting country as 
mentioned in paragraph (1) (a), the imposition of Coun tervailing Duty can be determined on an exporting 
country basis. 
 
(3) In case where exporters or exporter's producers are fro m several countries, as mentioned in paragraph (1) 
(b), the imposition of Countervailing Duty may be determined for: 
 
a. each exporter or exporter's producer  from each exportin g country; or 
b. one exporting country, which is applicable for all exporters or exporter's producers in that country. 
 
Article 62 
 
(1) In case where there is a difference of the applicable  rate of the Provisional Countervailing Duty as 
mentioned in Article 52 paragraph (8), and the rate of  the Countervailing Duty as mentioned in Article 60, 
then: 
 
a. importers may file an application to request for re fund of the difference of the excess payment of the 
Provisional Countervailing Duty; or 
b.  importers shall not be requested to pay the difference of the short of payment of the Provisional 
Countervailing Duty. 
 
(2) An application for the refund of the difference as men tioned in paragraph (1) point a, shall be submitted to 
the minister in charge of finance.  
 
(3) The minister in charge of finance shall provide a decision on the application for the refund of the difference 
as mentioned in paragraph (1) point a within the maximum time period of 30 (thirty) working days since the date of the receipt of the application.  
 
(4) The implementing regulation concerning the refund of the difference of the payment of Provisional 
Countervailing Measure, shall be regulated further in d ecree of the minister in charge of finance.    
 
Article 63 
 
(1) The imposition of the Countervailing Duty as mentioned in Article 60 shall remain in force for a maximum 
period of 5 (five) years since the date of imposition. 
 
(2) In the case where the Provisional Measure has been app lied as mentioned in Article 52, the Countervailing 
Duty as mentioned in paragraph (1) may be applied retroactively since the date of imposition of the 
Provisional Countervailing Duty. 
 (3) The retroactive implementation as mentioned in paragraph (2) may only be done on the imposition of an 
Countervailing Duty, whose imposition is based on:  
 
a. existence of Injury to Domestic Industry; or 
b. existence of threat of injury which will materialize in to Injury to Domestic Industry due to the imports 
of the products which contain Subsidy if the Provisional Measure is not being applied. 
 
(4) The retroactive implementation of the imposition of the Countervailing Duty as mentioned in paragraph 2 
may be applied not more than 90 (ninety) days prior to the date of the imposition of the Provisional 
Measure. 
 
(5) The retroactive implementation as mentioned in paragraph (4), if KADI finds that: 
 
a. The Products Under Investigastion had been imported as products which contain Subsidy for a short  G/ADP/N/1/IDN/3 
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  period of time with a large quantity that underm ines the effectiveness of the imposition of the 
Countervailing Duty in eliminating the Injury; or 
b. Importers have been importing products which contain Subsidy that can cause Injury.  
 (6) The retroactive implementation as mentioned in paragraph (4) may not be applied to the imposition of the 
Countervailing Duty whose imposition is based on: 
 
a. the existence of threat of Injury to the Domestic Industry; or 
b. material retardation of the establishment of an industry of the Like Products in country. 
 (7) The retroactive implementation of the Countervailing Duty as mentioned in paragraph (4) may not be 
applied before the date of the initation of the investigation.  
 
Part Seven 
Judicial Review 
 
Paragraph 1 
General 
 
Article 64 
 
(1) The imposition of the Countervailing Duty may be reviewed based upon:  
 
a. An application from exporters, exporter's producers,  the petitioners or the Domestic Industry, and/or 
importers as mentioned in Article 46 paragraph (1) who are cooperative during the course of 
investigation; 
b. An application from exporters and/or exporter's producers who did not export the products which 
contain Subsidy before the imposition of the Countervailing Duty and are not affiliated to the exporters 
and/or exporter's producers who are impos ed with the Countervailing Duty; and/or 
c. KADI's own initiative.  
 
(2) The reviews as mentioned in paragraph (1) consist of: 
 
a. An interim review, in case where ther e is a need to examine the likelihood that Injury may still continue 
and/or Injury will recur if the imposition of  the Countervailing Duty is terminated. 
b. A sunset review, in case where the imposition of the Countervailing Duty will expire.  
 
Paragraph 2 
Interim Review 
 
Article 65 
 
(1) The application on interim review may be submitted by:  
 
a. Exporters, exporter's producers, and/or import ers to terminate the imposition of the Countervailing 
Duties; 
b. Exporters and/or exporter's producers as mentioned in Article 64 paragraph (1) point b so that they will 
not be imposed with the Countervailing Duties; or 
c. Exporters, exporter's producers, importers, the petiti oner or Domestic Industry as mentioned in Article 
64 paragraph (1) point a to revise the rate of the imposed Countervailing Duties; 
 
(2) The appication as mentioned in paragraph (1) an d KADI's own initiative as mentioned in Article 64 
paragraph (1) point c can only be submitted no sooner than 12 (twelve) months after the imposition of the Countervailing Duty has been made into force by the minister in charge of finance.   
 
(3) The provisions regarding the application and investigation of the interim review shall apply mutatis 
mutadis the provisions of Part Two on Investigation and Part Three on Evidence and Information. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 26 
 
 
   
Article 66 
 
(1) In case where KADI receives an app lication as mentioned in Article 65 paragraph (1), KADI shall conduct 
an interim review investigation regarding the likelihood that: 
 
a. Injury will continue to exist; and/or 
b. Injury will recur, if the imposition of Countervailing Duties is terminated. 
 (2) The interim review investigation as mentioned in paragraph (1) shall be conducted within a maximum time 
period of 12 (twelve) months since the date of the initiation of the interim review investigation. 
 (3) The interim review investigation does not terminate the imposition of the Countervailing Duty that has 
been determined by the minister in charge of finance as mentioned in Article 60 paragraph (1). 
 (4) If the result of the interim review i nvestigation finds that Injury continues to exist and/or Injury recurs, 
KADI recommends to the Minister to: 
 
a. reject the application for termination of the imposition of the Countervailing Measure to the exporters, 
exporter's producers, and/or importers; 
b. reject the application for not to  impose the Countervailing Duty to the exporters and/or exporter's 
producers as mentioned in Article 64 paragraph (1) point b; and/or  
c. accept the application for the revision of the rate of the imposed C ountervailing Duty and the rate of the 
Countervailing Duty that will be imposed, in the case where the interim review is submitted by the  
petitioner and Domestic Industry as mentioned in Article 64 paragraph (1) point a.  
 (5) If the result of the interim review investigation finds that Injury does not continue and/or Injury does not 
recur, KADI recommends to the Minister to terminate the imposition of the Countervailing Duty. 
 (6) Based on KADI's recommendation as mentioned in paragraph (4) point c and paragraph (5), the provisions 
regarding the imposition of Countervailing Duty as me ntioned in Article 58 and Article 60 shall apply 
mutatis mutandis. 
 
Paragraph 3 
Sunset Review 
 
Article 67 
 
(1) An application for a sunset review can be submitted by the petitioner or the Domestic Industry as 
mentioned in Article 64 paragraph (1) point a to request for an extension of the imposition of the Countervailing Duty: 
 
a. along with the revision of the rate of the imposed Countervailing Duty; 
b. without the revision of the rate of the imposed Countervailing Duty. 
 
(2) The application as mentioned in paragraph (1) and KADI's own initiative as mentioned in Article 64 
paragraph (1) point c may only be submitted at the latest 15 (fifteen) months before the expiry date of the 
imposition of the Countervailing Duty. 
 (3) The provisions regarding the application and the investigation of the sunset review shall apply mutatis 
mutadis the provisions of Part Two on Investigation and Part Three on the Evidence and Information. 
 
Article 68 
 
(1) In the case where KADI received an application as mentioned in Article 67 paragraph (1), KADI shall 
conduct a sunset review investigation regarding the likelihood that: 
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  a. Injury will continue to exist; and/or 
b. Injury will recur, if the imposition of Countervailing Duties is terminated. 
 
(2) The sunset review investigation as mentioned in para graph (1) shall be conducted within a maximum time 
period of 12 (twelve) months since the date of the initiation of the sunset review investigation. 
 
(3) The sunset review investigation does not terminate the imposition of the Countervailing Duty that has 
been determined by the minister in charge of finance as mentioned in Article 60 paragraph (1).  
 
(4) If the result of the investigation finds that Injury continues to exist and/or Injury recurs, KADI 
recommends to the Minister to extend the imposition of the Countervailing Duty: 
 
a. along with the revision of the rate of the imposed Countervailing Duty;or 
b. without the revision of the rate of the imposed Countervailing Duty; 
 
(5) Based on KADI's recommendation as mentioned in paragraph (4), the provisions regarding the imposition 
of Countervailing Duty as mentioned in Article 58 and Article 60 shall apply  mutatis mutandis . 
 
Article 69 
 
The implementing regulation concerning the reviews of the Countervailing Measures shall be regulated by the Ministerial Decree.    
 
CHAPTER IV 
SAFEGUARD MEASURES 
 
Part One 
Forms of Safeguard Measures 
 
Article 70 
 
(1) In addition to import duty, a Safeguard Measure can  be imposed on imported products, provided:  
 
a. there was an increased volume of import, in absolute or relative terms, of a product that is equivalent 
with the Like Product or the Directly Competitive Product; and   
b. the increased volume of import as mentioned in lette r a has caused Serious Injury or Threat of Serious 
Injury in the position of a  Domestic Industry.  
 
(2) A Safeguard Measure as mentioned in paragraph (1) may be in the form of Safeguard Duty and/or Quota as 
imposed. 
 
(3) The rate of Safeguard Duty as mentioned in paragrap h (2) shall not exceed the amount needed to remedy 
the Serious Injury or to prevent the Threat of Seri ous Injury in the position of a Domestic Industry. 
 
(4) The amount of Quota as mentioned in  paragraph (2) shall not be less than the average quantity of imports 
during the last three years, except wh en there is a reasonable ground that a lower Quota is needed to remedy 
the Serious Injury or to prevent the Threat of Seri ous Injury in the position of a Domestic Industry. 
 
(5) The implementing regulation concerning the imposition of  Quota shall be regulated further in Decree of 
Minister of Trade.  
 
  
 
 
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G/SCM/N/1/IDN/3 Page 28 
 
 
  Part Two 
Investigation
 
Article 71 
 
(1) A Safeguard Measure as mentioned in Article 70 can  be imposed only after KPPI has conducted an 
investigation.  
(2) An investigation by KPPI as mentioned in paragraph (1) on Products Under Investigation can be carried out 
based on an application by a Domestic Industry or on KPPI's own initiative.  
Article 72 
 
(1) The Domestic Industry and/or other domestic par ties may submit with KPPI a written application as 
mentioned in Article 71 paragraph (2) to initiate an investigation with respect to the imposition of 
Safeguard Measure. 
 
(2) The application as mentioned in paragraph (1) shall contain prima facie  evidence and supported by proper 
documentation showing the existence of: 
 
a. increased volume of import of products equivalent with the Like Product or the Directly Competitive 
Product; and 
b. Serious injury or Threat of Serious Injury.  
 
(3)  Documents as mentioned in paragraph (2) shall cons ist of confidential as well as non-confidential data. 
 
(4) Documents that are declared confidential may not be disclosed to other parties without special permission 
from the person who provides such documents. 
 
(5) No later than 20 (twenty) working days since the date  that a completed applica tion has been duly received 
by KPPI as mentioned in paragraph (1), and based on a thorough examination, KPPI shall render a decision 
whether: 
 
a. to reject the said application, in cases where the application does not fulfill the requirements mentioned 
in paragraph (2); or 
b. to admit the said application and to determine the initiation of an investigation, in cases where the 
application fulfills the requirements as mentioned in paragraph (2). 
 
(6) The implementing regulation concerning the procedure for the submission of application as mentioned in 
paragraph (1) shall be regulated further in Decree of Minister of Trade. 
 
Article 73 
 
An investigation based on KPPI's own initiative as mentione d in Article 71 paragraph (2) can only be initiated if 
KPPI has in possession sufficient prima facie  evidence on the existence of Serious Injury or Threat of Serious 
Injury in the position a Domestic Industry resu lting from increased volume of imported products. 
 
Article 74 
 
(1) An investigation with respect to the imposition of a  Sa feguard Measure is initiated at the time of its public 
notice. 
 
(2) Beside public notice as mentioned in paragraph (1), KPPI shall inform the initiation of the investigation to: 
 
a. the petitioner as mentioned in Article 72 paragraph (1) and the associations of importers, in cases 
where the investigation is conducted based on an application; or 
b. the relevant Domestic Industry and associations of importers, in cases where the investigation is  G/ADP/N/1/IDN/3 
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  conducted based on KPPI's own initiative. 
 
(3) An investigation ends on the date of the final report on the result of investigation. 
 
Article 75 
 
In light of the investigation as mentioned in Article 71, KPPI shall evaluate all relevant factors of an objective 
and quantifiable nature having a bearing on  the condition of the Domestic Industry.  
 
Article 76 
 
(1) If during the course of investigation no evidence was found of increased volume of imports that has caused 
Serious Injury or Threat of Serious Injury, KPPI sha ll promptly terminate the investigatory proceeding and 
submit report the Minister. 
 
(2) The termination of the investigation shall be notified to the public immediately. 
 
(3) Beside public notice as mentioned in paragraph (2), KP PI  shall notify the termination of investigation to: 
 
a. the petitioners as mentioned in Article 72 paragraph (1 ) and the associations of importers, in cases where 
the investigation is conducted based on an application; or 
b. the relevant Domestic Industry and the associations  of importers, in cases where the investigation is 
conducted based on KPPI's own initiative, accompanied with reasons of termination. 
 
Article 77 
 
If the final report on the result of the investigation co ntain evidences of the existence of increased volume of 
imports that have caused Serious Injury or Threat of Serious Injury, KPPI shall submit a recommendation to the 
Minister for the imposition Safeguard Measure. 
 
Part Three 
Evidence and Information 
 
Article 78 
 
(1) In conducting and during an investigation, KPPI may require the provision of information from the 
following parties: 
 
a. the petitioners as mentioned in Article 72 paragraph (1) or the  Domestic Industry; 
b. the importers; and 
c. other relevant interested parties. 
 
(2) Information as mentioned in paragraph (1) shall be accompanied by confidential and non-confidential 
documents.  
 
(3) Information or documents that are declared confidential may not be disclosed to other parties, without 
special permission from the person who provides such information or documents. 
 
(4) The petitioners or the Domestic Industry, importers and other relevant interested parties as mentioned in 
paragraph (1) shall provide KPPI with written explanation along supporting evidences within a maximum period of 30 (thirty) working days since the date of the written request for such information 
 
Article 79 
 
(1) During the course of investigation, KPPI shall conduc t hearing for the purpose of providing opportunities to 
exporters, exporter's producers, th e petitioners or the Domestic Industry, importers, the government of 
particular exporting countries and ot her interested parties, to presen t evidences, views and responses. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 30 
 
 
   
(2) Evidences, views and responses as mentioned in paragr aph (1) shall be submitted in writing by exporters, 
exporter's producers, the petitioners or the Domestic Industry, importers, the government from particular 
exporting countries and other interested parties within a maximum period of 5 (five) calendar days since the date of the hearing(s). 
 
Part Four 
Provisional Safeguard Measure 
 
Article 80 
 
(1) In circumstances where delay in the imposition of the Safeguard Measure would cause Injury to the 
Domestic Industry which it would be difficult to repair , during the course of investigation KPPI may give 
recommendation the Minister to impose a provisional Safeguard Measure. 
 
(2) The provisional Safeguard Measure as mentioned in paragraph (1) shall be in the form of provisional 
Safeguard Duty. 
 
(3) The payment of the Provisional Safeguard Duty is carried out in cash at the amount equal to the rate of the 
provisional Safeguard Duty. 
 
Article 81 
 
(1)  To secure relevant considerations in light of national interests, the Minister shall convey KPPI's 
recommendation as mentioned in Article 77 to ministers and/or heads of non-ministerial governmental 
institutions that are relevant to the Products Under Investigation. 
 
(2) The ministers and/or the heads of non-ministerial governmental institutions as mentioned in paragraph (1) 
shall provide its considerations within a maximum period of 14 (fourteen) working days since the date of 
the Minister's letter requesting for such considerations. 
 
(3) If during the period of 14 (fourteen) working days as mentioned in paragraph (2), the ministers and/or the 
heads of non-ministerial governmental institutions do not provide any consideration whatsoever, the said 
ministers and/or the heads of non-ministerial governmental institutions shall be deemed to have agreed with 
KPPI's recommendations. 
 
(4) Based on KPPI's recommendation as mentioned in Article 77, and taking into account the provisions under 
paragraph (2) and paragraph (3), the Minister shall render a decision on: 
a. the amount of the provisional Safeguard Duty; and 
b. the duration for the imposition of the provisional Safeguard Duty. 
 
(5) The duration of the imposition of the provisional Safegu ard Duty mentioned in paragraph (4) letter b shall 
not exceed 200 (two hundred) days since the date of its imposition. 
 
(6) The Minister shall convey the decision as taken under paragraph (4) to the minister in charge of finance 
within a maximum period of 30 (thirty) working days since date of KPPI's recommendation. 
 
(7) Based on the Minister's decision as mentioned in paragraph (4), the minister in charge of finance shall issue 
a decree containing tariff rate and the duration for the imposition of the provisional Safeguard Duty within 
a maximum period of 30 (thirty) work ing days since the date of the lette r from the Minister was received by 
the minister in charge of finance. 
 
(8) The decision as mentioned in paragraph (7) shall take into account the convenience in conducting the 
collection of the provisional Safeguard Duty. 
 
(9) The time period of the imposition of the Provisional Safe guard Duty as mentioned in paragraph (4) letter  b 
shall be calculated in the overall period of Safe guard Measure, including any extension thereof.  G/ADP/N/1/IDN/3 
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Article 82 
 
(1) KPPI shall notify the imposition of provisional Safeguard Measure as mentioned in Article 81 paragraph 
(7) to the petitioners or the Domestic Indu stry, and the associations of importers. 
 
(2) The implementing regulation concerning the procedure of notification as mentioned in paragraph (1) shall 
be regulated further in Decree of Minister of Trade. 
 
Article 83 
 
(1) If the final report on the result of the investigation contain evidences of the existence of increased imports 
that have caused Serious Injury or Threat of Serious Injury in the position of the Domestic Industry, importers that have already made the payment as me ntioned in Article 80 paragraph (3) can file a written 
request for refund of the provisional Safeguard Duty. 
 
 
(2) The request for refund as mentioned in paragraph (1) shall be submitted to the minister in charge of finance. 
 
(3) The application as mentioned in paragraph (2) shall be determined within a maximum period of 30 (thirty) 
working days since the date of th e receipt of such application. 
  
 
(4) The implementing regulation concerning the procedure for refund of Safeguard Duty as aforementioned, 
shall be regulated further in decree of the minister in charge of finance.  
 
Part Five 
Imposition of Safeguard Measure 
 
Article 84 
 
(1) To secure relevant considerations in light of na tional interests, the Minister shall convey KPPI's 
recommendation as mentioned in Article 77 to ministers and/or heads of non-ministerial governmental institutions that are relevant to the Products Under Investigation. 
 
(2) The ministers and/or the heads of non-ministerial governmental institutions as mentioned in paragraph (1) 
shall provide its considerations within a maximum period of 14 (fourteen) working days since the date of 
the Minister's letter requesting for such considerations. 
 
(3) If during the period of 14 (fourteen) working days as mentioned in paragraph (2), the ministers and/or the 
heads of non-ministerial governmental institutions do not provide any consideration whatsoever, the said 
ministers and/or the heads of non-ministerial governmental institutions shall be deemed to have agreed with 
KPPI's recommendations. 
 
(4) Based on KPPI's recommendation as mentioned in Article 77, and taking into account the provisions under 
paragraph (2) and paragraph (3), the Minister shall render a decision on: 
 
a. the amount of the Safeguard Duty and/or Quota; and 
b. the duration for the imposition of the Safeguard Duty and/or Quota. 
  
(5) The Minister shall convey the decision  as taken under  paragraph (4) to the minister in charge of finance 
within a maximum period of 30 (thirty) working days since date of KPPI's recommendation. 
  
 
 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 32 
 
 
  (6) In cases where the Safeguard Measure is the impositio n of Safeguard Duty, the minister in charge of 
finance shall issue a decree containing  tariff rate and the duration for the imposition of the Safeguard Duty 
in accordance with the decisi on of the Minister as mentioned in para graph (4) within a maximum period of 
30 (thirty) working days since the date of the letter from  the Minister was received by  the minister in charge 
of finance. 
 
(7) The decision as mentioned in paragraph (6) shall take into account the convenience in conducting the 
collection of the provisional Safeguard Duty. 
 
(8) KPPI shall notify the imposition of Safeguard Measure to  the petitioners or the Domestic Industry, and the 
associations of importers. 
 
(9) The implementing regulation concerning the procedure of notification as mentioned in paragraph (8), shall 
be regulated further in decree of the Minister of Trade. 
 
Article 85 
 
In circumstances where there is a difference between th e applicable rate of provisional Safeguard Duty as 
mentioned in Article 81 paragraph (7) and the rate of Sa feguard 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 
b. the deficit in the payment of such provisional Safeguard Duty shall not be claimed against importers. 
 
Article 86 
 
(1) Safeguard Measure shall only be applied for such peri od of time as may be necessary to remedy or to 
prevent Serious Injury or Threat of Serious Injury, and to facilitate adjustment needed for the Domestic 
Industry suffering from Serious Injury or Threat of Serious Injury. 
 
(2) The period of imposition period of the Safeguard Measure as mentioned in paragraph (1) shall not exceed 4 
(four) years. 
 
(3) The period of imposition period of the Safeguard Measure as mentioned in paragraph (2) can be extended 
for an additional period of  4 (four) years at maximum. 
 
(4) The period of imposition of the Safeguard Measure as mentioned in paragraph (3) may be extended for an 
additional  period of  2 (two) years at maximum. 
 
Article 87 
 
(1) Should the period of imposition of the Safeguard Measure as mentioned in Article 84 paragraph (6) exceeds 
3 (three) years, KPPI shall undert ake a review upon the Safeguard Measure as imposed no later than the 
mid-term of the period of imposition. 
 
(2) In consideration of the result of such mid-term review as mentioned in paragraph (1), KPPI may propose a 
recommendation to the Minister: 
 
a. to terminate the imposition of such Safeguard Measure; or 
b. to reduce the rate of Safeguard Duty and/or to increase the amount of Quota. 
 
(3) To secure relevant considerations in light of na tional interests, the Minister shall convey KPPI's 
recommendation as mentioned in paragraph (2) to ministers and/or heads of non-ministerial governmental institutions that are relevant to the Products Under Investigation. 
 
 
  G/ADP/N/1/IDN/3 
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 Page 33 
 
 
  (4) The ministers and/or the heads of non-ministerial governmental institutions as mentioned in paragraph (3) 
shall provide its considerations within a maximum period of 14 (fourteen) working days since the date of 
the Minister's letter requesting for such considerations. 
 
(5) If during the period of 14 (fourteen) working days as mentioned in paragraph (4), the ministers and/or the 
heads of non-ministerial governmental institutions do not provide any consideration whatsoever, the said 
ministers and/or the heads of non-ministerial governmental institutions shall be deemed to have agreed with KPPI's recommendations. 
 
(6) Based on KPPI's recommendation as mentioned in para graph (2), and taking in to account the provisions 
under paragraph (4) and paragraph (5), the Minister shall render a decision:  
 
a. to terminate the imposition of Safeguard Measure; or 
b. to reduce the rate of Safeguard Duty a nd/or to increase the level of Quota. 
 
(7) The Minister shall convey the decision  as taken under  paragraph (6) to the minister in charge of finance 
within a maximum period of 30 (thirty) working days since date of  KPPI's recommendation.  
 
(8) Based on the Minister's decision as mentioned in paragraph (7), the minister in charge of finance within a 
maximum period of 30 (thirty) workin g days since the date of the letter from the Minister was received by 
the minister in charge of finan ce, shall issue a decree pertaining: 
 
a. the termination of the imposition of Safeguard Measure; or 
b. the rate of the Safeguard Duty. 
 
(9) The decision as mentioned in paragraph (8) shall take into account the convenience in conducting the 
collection of the Safeguard Duty.  
 
(10)  The implementing regulation concerning the procedure to undertake mid-term review as mentioned in 
paragraph (1), shall be regulated further in decree of the Minister of Trade. 
 
Article 88 
 
(1) In circumstance in which the petitioners request for an  extension in the imposition of Safeguard Measure, 
such a request shall be submitted with KPPI within a reasonable period of time before the expiry date of the 
Safeguard Measure. 
 
(2) If circumstances in which the petitioners request for an extension as mentioned in paragraph (1), KPPI shall 
undertake an investigation to prove whether or  not such an extension may still be necessary. 
 
(3) KPPI shall recommend an extension of the Safeguard M easure to the Minister, if the extension of such 
Safeguard Measure is necessary to prevent or to re medy Serious Injury in the position of the Domestic 
Industry, and during the process of adjustment. 
 
(4) Based on KPPI's recommendation as mentioned in paragraph (3), the provisions of Article 84 shall apply 
mutatis mutandis . 
  
(5) The implementing regulation concerning the procedure to undertake mid-term review as mentioned in 
paragraph (1), shall be regulated further in decree of the Minister of Trade. 
 
Article 89 
 
(1) Safeguard Measure may be imposed again upon the same imported products after the expiry of 2 (two) 
years period since the last day of imposition of the Safeguard Measure previously.  
  
(2) Notwithstanding the provisions of paragraph (1), a Safeguard Measure with a duration of 180 days or less 
may be imposed  again to such imported products. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 34 
 
 
   
(3) (The imposition of the Safeguard Measure as mentioned in paragraph (2) may only be conducted after the 
expiry of 1 (one) year period since the expiry of the period of imposition of the previous Safeguard 
Measure, and shall not be imposed upon the same im ported products for more than twice within 5 years 
time period since the imposition of the Safeguard Measure applicable. 
  
(4) In regards to the re-imposition of Safeguard Measure, the provisions concerning the submission of 
application,  investigation, evidence and information,  and the provisions of provisional Safeguard Measure, 
as well as the imposition of Safeguard Measure as mentione d in Part 2, Part 3, Part 4 and Part 5 shall apply 
mutatis mutandis . 
 
(5) The implementing regulation concerning the re-imposition of Safeguard Measure as mentioned in 
paragraph (1), shall be regulated further in decree of the Minister of Trade. 
 
Part Six 
Imports from Developing Country 
 
Article 90 
 
Safeguard Measure shall not be imposed against the importation  product originating in a developing country as 
long as its share of imports of the Product Under Inves tigation in the importing member does not exceed 3 per 
cent, provided that developing countr y members with less than 3 per cent  import share collectively account for 
not more than 9 per cent of total imports of the Product Under Investigation. 
 
CHAPTER V 
NOTIFICATION 
 
Article 91 
 
The Minister shall notify the Committee on Anti-dumping Practices and the Committee on Subsidies and Countervailing Measures of the World Trade Organization concerning:  
 
a. periodically every 6 (six) months concerning the presence or absence of any Provisional Antidumping 
Measures, definitive Antidumping Measures, Provis ional Countervailing M easures, and definitive 
Countervailing Measures; and/or  
b. for each decision to impose Provisional Antidumpi ng Measures, definitiv e Antidumping Measures, 
Provisional Countervailing Measures, an d definitive Countervailing Measures. 
 
Article 92  
 
(1) The Minister shall notify the Committee on Safeguard s of the World Trade Organization concerning: 
 
a. the initiation of an investigation to impose Safeguard Measure; 
b. the imposition of provisional Safeguard Measure;  and 
c. the imposition of Safeguard Measure. 
 
(2) The notification concerning the imposition of Provisional Safeguard Measure shall be done before the 
determination of the Provisional Safeguard Duty. 
 
Article 93 
 
The implementing regulation concerning the submission of notification with the Committee on Antidumping 
Practices, the Committee on Subsidies and Countervailing Measures, and the Committee on Safeguards of the 
World Trade Organization, shall be regulated further in decree of the Minister of Trade. 
 
 
  G/ADP/N/1/IDN/3 
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 Page 35 
 
 
  CHAPTER VI  
INVESTIGATING AUTHORITY  
 
Article 94 
 
(1) By the o peration of this Government Regulation, KADI shall be deemed to be established with the duties to 
handle all matters related to the efforts to overcome imports of Dumped Products and products which contain Subsid
y. 
 
(2) KADI shall be accountable to the Minister.
 
(3) In light of its duties as mentioned in paragraph (1), KADI undertakes function:
 
a. to conduct investigations on the allegation of dumping or Subsidy practices, the existence of Injury 
suffered by the petitioner and the existence of causal link between dumping or Subsidy and the Injury 
suffered by the petitioner; 
b. to collect, examine and process all relevant evidences and information to investigation;  
c. to make reports of the result of investigation;  
d. to recommend the imposition of Anti-dumping Duty and/or Countervailing Duty to the Minister; and  
e. to conduct other relevant duties as assigned by the Minister. 
 
 
Article 95  
 
(1) By the operation of this Government Regulation, KPPI sh all be deemed to be established with the task to 
handle matters relating to the efforts to recover Serious Injury or to prevent Threat of Serious Injury in the 
position of Domestic Industry resulting from increased volume of imports. 
 
(2)  KPPI shall be accounta ble to the Minister. 
 
(3) In light of its as mentioned in paragraph (1), KPPI undertakes function:  
a. to conduct investigations on the existence of Serious Injury or Threat of Serious Injury in the position 
of Domestic Industry producing Like Products or Directly Competitive Products, resulting from 
increased volume of imports; 
b. to collect, examine and process all evidences and information relating to the investigation. 
c. to make reports on the result of investigation. 
d. to recommend the imposition of Safeguard Measure to the Minister; and 
e. to conduct other relevant duties as assigned by the Minister. 
 
Article 96 
 
(1) KADI and KPPI consist respectively of a Chairperson and a Vice Chairperson.  
 
(2) The Chairperson and the Vice Chairper son of KADI and KPPI is appointed and dismissed by the Minister.  
 
(3) The provisions concerning organisation and relevant by laws of KADI and KPPI are to be regulated in 
Decree of the Minister of Trade.  
 
Article 97 
 
KADI and KPPI in conducting their duties as mentioned in Article 94 and 95 shall be independent.  
 
Article 98 
 
All expenses as may be required to duly perform the task of KADI and KPPI as mentioned in Article 94 and 
article 95 shall be borne b y the bud get of the ministr y in char ge of trade.
 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 36 
 
 
  CHAPTER VII 
DISPUTE RESOLUTION 
 
Article 99 
 
(1) Any objection against the imposition of Antidumping Measures, Countervailing Measures, and Safeguard 
Measure can only be addressed through the Dispute Settlement Body of the World Trade Organization. 
 
(2) Any objection regarding the execution of Antidumping Duty, Countervailing Duty and Safeguard Duty as 
imposed during the importation shall be addresse d in accordance to the prevailing regulations. 
 
CHAPTER VIII 
OTHER PROVISIONS 
 
Article 100 
 
Any investigation conducted in relation to the imposition of Anti-dumping duty, Countervailing Duty or 
Safeguard Dut y shall not im pede the fulfilment of customs obli gations for such im ported products.  
 
 
CHAPTER IX 
CLOSING PROVISONS 
 
Article 101 
 
When this Government Regulation comes into force: 
 
1. Government Regulation Number 34 Year 1996 regarding Antidumping Duty and Countervailing Duty 
(State Gazette of Republic of I ndonesia Year 1996 Number 51, S upplementary State Gazette Number 
3639); and  
 
2. Presidential Decree Number 84 of 2002  concerning the Safeguard of the Domestic Industry Against the 
Impact of Increased Imports (State Gazette of Republic of Indonesia Year 2002 Number 133) shall be 
revoked and shall not remain in force.   
 
Article 102 
 
When this Government Regulation comes into force: 
 
1. KADI which was established by Government Regulation Number 34 of 1996 concerning Antidumping Duty 
and Countervailing Duty and KPPI which was establis hed by Presidential Decree Number 84 of 2002 
concerning the Safeguard of the Domestic Industry Against the Impact of Increased Imports (shall continue 
its' existence and resume their duties according to this Government Regulation; 
 
2. Every decision and activity which were carried out by KADI based on Government Regulation Number 34 
Year 1996 concerning Antidumping Duty and Countervailing Duty as well as KPPI based on Presidential 
Decree Number 84 of 2002 concerning the Safeguard of the Domestic Industry Against the Impact of 
Increased Imports (shall remain legally valid;  and 
 
3. The Implementing regulations of Government Regulation Number 34 of 1996 concerning Antidumping Duty 
and Countervailing Duty as well as the Presidential D ecree Number 84 of 2002 co ncerning the Safeguard of 
the Domestic Industry Against the Impact of Increased Imports shall continue to prevail provided that they do 
not contradict with or has not yet been regulated by new implementing regulations based on this Government 
Regulation. 
 
 
  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 37 
 
 
  Article 103 
 
This Government Regulation shall come into force on the date of its enactment. 
 For the purpose of public cognizance, it is ordered that the enactment of this Government Regulation shall be 
placed in the State Gazette of  Republic of Indonesia. 
  
Promulgated in Jakarta 
On July 4, 2011  
 
PRESIDENT OF THE REPUBLIC OF INDONESIA  
Signed 
 
STATE GAZETTE OF REPUBLIC OF INDONESIA YEAR 2011 NUMBER 66  
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 38 
 
 
   
ELUCIDATION   
ON 
GOVERNMENT REGULATION OF THE REPUBLIC OF INDONESIA  
 
NUMBER 34 OF 2011  
 
CONCERNING  
 
ANTIDUMPING MEASURES, COUNTERVAILING MEASURES, AND SAFEGUARD MEASURES 
 
 
I. GENERAL ELUCIDATION 
 
As one of the World Trade Organization Member St ates, which has ratified the Agreement Establishing 
World Trade Organization through the Law Number 7 of 1994, Indonesia is required to take an active role in creating world trade order that is  fair and mutually beneficial 
 
One of the efforts in creating such world trade order is through regulating requirements and procedures of the imposition of Antidumping Duty, Countervailing Duty and Safeguard Duty as well as their applications in the 
Government Regulation Number 34 of 1996 concerning Anti-dumping duties and Countervailing Duties and Presidential Decree Number 84 of 2002  concerning Safeguard Measures to Protect Domestic Industry against 
the impact of Increased Imports as mandated through the Law Number 10 of 1995 concerning Customs. 
 
Regulations and procedures to impose Antidumping Duty, Countervailing Duty and Safeguard Duty are aimed to harmonize the course of investigation and implementation of Dumping, Subsidy and Safeguard cases 
in accordance with the prevailing international rules and also to protect Domestic Industry from Dumping and 
Subsidy practices, as well as the occurrence of increased imports from other states.  
 
By the enactment of Law Number 17 of 2006 concerning the Amendment of Law Number 10 of 1995 concerning Customs and in order to ensure the quality of the course of investigation as well as the 
implementation in administering Anti-dumping, Subsidy and Safeguard cases, it is acknowledged that 
improving regulations concerning investigation pro cedures of Anti-dumping, Subsidy and Safeguard is 
needed.  
 
This Government Regulation regulates the investigation procedures of Anti-dumping Measures, Countervailing Measures, and Safeguard Measures,  the imposition procedures of Anti-dumping Duties, 
Countervailing Duties, and Safeguard Duties, as we ll as the duties and functions of the Indonesian 
Antidumping Committee (KADI) and Indonesian Safeguards Committee (KPPI)  
II. ARTICLE BY ARTICLE 
 Article 1 
Self Explanatory. 
 Article 2 
Self Explanatory. 
 
Article 3 
Self Explanatory. 
 
Article 4 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3)  G/ADP/N/1/IDN/3 
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 Page 39 
 
 
  Point a 
         Self  Explanatory. 
Point b 
Support to application of the Domestic Industry shall be stated in writing. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
"reasonable ground" means a ground that relates to company privacy and including cause for not 
making non-confidential summary. 
Paragraph (7) 
Self  Explanatory. 
 
Article 5 
Self Explanatory. 
 
Article 6 
Paragraph (1) 
Support to application of the Domestic Industry shall be stated in writing. 
Paragraph (2) 
Self  Explanatory. 
Article 7 
Self Explanatory. 
 
Article 8 
Paragraph (1) 
"Public notice" means publication through national mass media. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
 
Article 9 
Paragraph (1) 
"date when the investigation starts" means the date of KADI's announcement and the date of 
publication initiating the investigation.  
 The 12 (twelve) months period is set in order to provide KADI with sufficient time and provide 
certainty for the interested parties. 
Paragraph (2) 
"special circumstances" means: 
- force majeure 
- existence of obstacles in the course of  investigation 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
 
Article 10  
Self Explanatory. 
 
Article 11 
Paragraph (1) 
"shall request required information" means reques ting explanation or information regarding the 
existence of the alleged Dumped Products through, inter alia, questionnaire. 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 40 
 
 
  Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
"reasonable ground" means a cause  that relates to company priv acy and including cause for not 
making non-confidential summary. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. 
Paragraph (8) 
Self  Explanatory. 
Paragraph (9) 
Opportunity which is provided to the representative of consumer  organization to provide 
information is needed when the Products Under Investigation are traded in retail 
 
Article 12 
Self Explanatory. 
 
Article 13 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Point a          Self  Explanatory. 
Point b 
Disclosure of preliminary report on investigation  shall be made prior to the final determination 
of an investigation and shall contain essential f acts obtained from the investigation that will be 
used as the basis  for decision of  the final determination.  
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
 
Article 14 
Self Explanatory. 
 
Article 15 
"impeding investigation" means e.g. in the event that KADI needs to clarify information and/or documents 
received, exporters, exporter's prod ucers, the petitioner or the Domest ic Industry or importers do not 
provide any opportunity to make such clarification.  
 
Article 16 
Self Explanatory. 
 
Article 17 
"relevant economic factors" may incl ude:  potential decline of sales, profit, output, market share, 
productivity, return on investment, capacity utilization, any other factors that affect domestic prices, 
magnitude of Dumping Margin, actual or potential negative effects on cashflow, inventories, employment, 
wages, growth, ability to raise capital or investments.   
While, "other relevant factors" may include: the volume  and prices of imports not sold at dumping prices, 
contraction in demand or changes in the patterns of consumption, developments in technology and the 
export performance.   G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 41 
 
 
  Article 18 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
"Considerations of national interest" means considera tions of the overall interests which are directly 
or indirectly related with the Anti-dumping Measures, including: 
 
a. considerations of the existence of the petitioner's industry in the country as the party that is 
injured directly because of the ex istence of dumping that causes in jury, either financially, in form 
of declining market share, declining number of employees, or losses etc; 
b. consideration of the impact of the Anti-dumping Measures to users' industries in the country in 
accordance to the interest of developing national industry, national food s ecurity and food prices 
stability,  increasing employment, fiscal policy, etc. 
 
The process of considering the national interest shall be done by the Minister after receiving 
recommendation to impose Anti-dumping Measur e from KADI. The minister shall discuss the 
recommendation which involves ministers and/or he ads of non-ministerial government institutions 
that are related to the policy of Anti-dumping Measures 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. 
Paragraph (8) 
Self  Explanatory. 
Paragraph (9) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the 
obligation of the minister in charge of finance to determine the tariff rate and the time period of the imposition of the Provisional Anti-dumping Duty within the determined time limit. 
 
Article 19 
Self Explanatory. 
 Article 20 
Self Explanatory. 
 Article 21 
Self Explanatory. 
 Article 22 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Point a 
         Self  Explanatory. Point b 
Disclosure  of preliminary report on investigation  shall be made prior to the final determination 
of an investigation and shall contain essential f acts obtained from the investigation that will be 
used as the basis for decision of  the final determination.  
Paragraph (3) 
Self  Explanatory. 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 42 
 
 
  Paragraph (4) 
Provisional Measures shall not be applied in cas e when the Undertaking Measure is agreed upon. 
 
Article 23 
Self Explanatory. 
 
Article 24 
Point a 
The determination on when the importation of the product is being made is counted since the date of 
the customs declaration of import of such products.  
Point b 
         Self  Explanatory. 
 Article 25 
Paragraph (1) 
"Considerations of national interest" means considera tions of the overall interests which are directly 
or indirectly related with the Antidumping Measures, including: 
 
a. considerations of the existence of the petitioner's industry in the country as the party that is 
injured directly because of the ex istence of dumping that causes in jury, either financially, in form 
of declining market share, declining number of employees, or losses etc; 
b. consideration of the impact of the Anti-dumping Measures to users' industries in the country in 
accordance to the interest of developing national industry, national food s ecurity and food prices 
stability,  increasing employment, fiscal policy , etc.  
 
The process of considering the national interest shall be done by the Minister after receiving 
recommendation to impose Anti-dumping Measur e from KADI. The minister shall discuss the 
recommendation which involves ministers and/or he ads of non-ministerial government institutions 
that are related to the policy of Anti-dumping Measures 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
 
Article 26 
Self Explanatory. 
 
Article 27 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the obligation of the minister in charge of finance to determine the tariff rate and the time period of the 
imposition of the Anti-dumping Duty within the determined time limit. 
 
Article 28 
Self Explanatory. 
 
Article 29 
Self Explanatory. 
 
Article 30 
Self Explanatory.  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 43 
 
 
  Article 31 
Self Explanatory. 
 
Article 32 
Self Explanatory. 
 
Article 33 
Self Explanatory. 
 
Article 34 
Self Explanatory. 
 
Article 35 
Self Explanatory. 
 
Article 36 
Self Explanatory. 
 
Article 37 
Self Explanatory. 
 
Article 38 
Self Explanatory. 
 
Article 39 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Point a 
         Self  Explanatory. 
Point b 
Support to application of the Domestic Industry shall be stated in writing. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
"reasonable ground" means a ground that relates to company privacy and including cause for not 
making non-confidential summary. 
Paragraph (7) 
Self  Explanatory. 
 
Article 40 
Self Explanatory. 
 
Article 41 
Paragraph (1) 
Support to application of the Domestic Industry shall be stated in writing. 
Paragraph (2) 
Self  Explanatory. 
 
Article 42 
Self Explanatory. 
 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 44 
 
 
  Article 43 
Paragraph (1) 
"public notice" means publication through national mass media. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
 
Article 44 
Paragraph (1) 
"date when the investigation st arts" means the date of KADI's  announcement and the date of 
publication initiating the investigation.  
 The 12 (twelve) months period is set in order to  provide KADI with sufficient time and provide 
certainty for the interested parties. 
Paragraph (2) 
"special circumstances" means: 
- force majeure 
- existence of obstacles in the course of  investigation 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
 
Article 45 
Self Explanatory. 
 Article 46 
Paragraph (1) 
"shall request required information" means requesting explanation or information regarding the existence of alleged products which contai n Subsidy through inter alia questionnaire 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
"reasonable ground" means a ground that relates to company privacy and including a ground for not 
making non-confidential summary. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. 
Paragraph (8) 
Self  Explanatory. 
Paragraph (9) 
Opportunity which is provided to representative of  consumer organization to provide information is 
needed when the Products Under Investigation are traded in retail. 
 
Article 47 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Point a 
         Self  Explanatory. 
Point b  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 45 
 
 
  Disclosure of preliminary report on investigation   shall be made prior to final determination of 
an investigation and shall contain essential facts obtained from the investigation that will be 
used as the basis for decision of  the final determination. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
 
Article 48 
Self Explanatory. 
 
Article 49 
"impeding investigation" means e.g. in the event that KADI needs to clarify information and/or documents received, exporters, exporter's producers,  petitioner or Domestic Industry or importers do not 
provide any opportunity to make such clarification. 
 
Article 50 
Self Explanatory. 
 
Article 51 
"relevant economic factors" may in clude:  potential decline of sales, profit, output, market share, 
productivity, return on investment, capacity utilization, any other factors that affect domestic prices, 
magnitude of Dumping Margin, actual or potential negative effects on cashflow, inventories, employment, 
wages, growth, ability to raise capital or investments.   
While, "other relevant factors" may include: the volume and prices of imports not sold at dumping prices, 
contraction in demand or changes in the patterns of consumption, developments in technology and the export performance. 
 
Article 52 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Considerations of national interest" means considera tions of the overall interests which are directly 
or indirectly related with the Countervailing Measures, including: 
 
a. considerations of the existence of the petitioner industry in the country as the party that is injured 
directly because of the existence of products which contain Subsidy that causes injury, either 
financially, in form of declining market share,  declining number of employees, or losses etc; 
b. consideration of the impact of the Countervailing Measures to users' industries in the country in 
accordance to the interest of developing national industry, national food security and food prices 
stability,  increasing employment, fiscal policy, etc.  
 
The process of considering the na tional interest shall be done by the Minister after receiving 
recommendation to impose Counte rvailing Measure from KADI. The minister shall discuss the 
recommendation which involves ministers and/or h eads of non-ministerial government institutions 
that are related to the policy of Countervailing Measures 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 46 
 
 
  Paragraph (8) 
Self  Explanatory. 
Paragraph (9) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the obligation of  the minister in charge of finance to determine the tariff rate and the time period of the 
imposition of the Provisional Countervailing Duty within the determined time limit.   
 
Article 53 
Self Explanatory. 
 
Article 54 
Self Explanatory. 
 Article 55 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Point a          Self  Explanatory. 
Point b 
Disclosure of  preliminary report on investigation shall be made prior to the final determination 
of an investigation and shall contain essential f acts obtained from the investigation that will be 
used as the basis decision of  the final determination.   
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Provisional Measures shall not be applied in cas e when the Undertaking Measure is agreed upon. 
 
Article 56 
Self Explanatory. 
 
Article 57 
Point a 
The determination on when the importation of the product is being made is counted since the date of 
the customs declaration of import of such products. 
Point b 
         Self  Explanatory. 
 
Article 58 
Paragraph (1) 
"Considerations of national interest" means considera tions of the overall interests which are directly 
or indirectly related with the Countervailing Measures, including: 
 
a. considerations of the existence of the petitioner industry in the country as the party that is injured 
directly because of the existen ce of products which contain Subsidy that causes injury, either 
financially, in form of declining market share,  declining number of employees, or losses etc ; 
b. consideration of the impact of the Countervailing M easures to users' industries in the country in 
accordance to the interest of developing national industry, national food s ecurity and food prices 
stability,  increasing employment, fiscal policy, etc.  
The process of considering the na tional interest shall be done by the Minister after receiving 
recommendation to impose Counte rvailing Measure from KADI. The minister shall discuss the 
recommendation which involves ministers and/or h eads of non-ministerial government institutions 
that are related to the policy of Countervailing Measures 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory.  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 47 
 
 
  Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
 
Article 59 
Self Explanatory. 
 
Article 60 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the obligation of the minister in charge of finance to determine the tariff rate and the the time period of 
the imposition of the Countervailing Duty within the determined time limit. 
 
Article 61 
Self Explanatory. 
 
Article 62 
Self Explanatory. 
 
Article 63 
Self Explanatory. 
 
Article 64 
Self Explanatory. 
 
Article 65 
Self Explanatory. 
 
Article 66 
Self Explanatory. 
 
Article 67 
Self Explanatory. 
 
Article 68 
Self Explanatory. 
 
Article 69 
Self Explanatory. 
 
Article 70 
Self Explanatory. 
 
Article 71 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Products Under Investigation shall include indust rial products, agricultural products, maritime 
products, fishery products, forestry products and mining products.  
 Article 72 
Paragraph (1) 
"Other domestic parties" mean government ins titutions and/or regional governments which are 
associated with the Products Under Investigation,  the Like Products or the Directly Competitive G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 48 
 
 
  Products. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Article 73 
Self Explanatory. 
 
Article 74 
Paragraph (1) 
Public notice regarding the initiation of an investigation may be announced through official press 
release or publication in national newspapers. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
 
Article 75 
"all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Domestic Industry" may include: increase in imports , share of domestic market taken by increased 
imports, changes in the level of sales, production, pr oductivity, capacity utilization, profits and losses, and 
employment.  
 
Article 76 
Self Explanatory. 
 
Article 77 
Self Explanatory. 
 
Article 78 
Paragraph (1) 
"request the provision of information" means re questing explanations, info rmation, evidence, or 
other things related to the investigation.    
"relevant interested parties" means domestic or  foreign parties related to the Product Under 
Investigation, the Like Products, or the Directly Competitive Products.  
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
 
Article 79 
Paragraph (1) 
"Other interested parties" means other parties aside from exporters, exporter's producers, the petitioners, importer and the government of partic ular exporting countries,  which based on KPPI's 
consideration, it is necessary for them to be involved  in the course of an i nvestigation, in a case per 
case basis.  
  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 49 
 
 
  Paragraph (2) 
Self Explanatory. 
Article 80 
Self Explanatory. 
 
Article 81 
Paragraph (1) 
"Considerations of national interest" means considerations of the overall interests which are directly 
or indirectly related with the Safeguard Measure, inter alia : 
  
a. considerations of the existence of the petitioner's industry in the country as the party that is 
injured directly because of the ex istence of increased imports resultin g in Serious Injury or Threat 
of Serious Injury, either financially, in form of  declining market share,  declining number of 
employees, or losses, etc;  
b. considerations of impact of th e Safeguard Measure to the users'  industries in the country in 
accordance to the interest of developing national industry, national food security and food prices 
stability, increasing employment, and fiscal interests. 
 The process of considering the na tional interest shall be done by  the Minister after receiving 
recommendation to impose Safeguard Measure from KPPI. The Minister shall discuss the 
recommendation which involves ministers and/or he ads of non-ministerial government institutions 
that are related to the polic y of Safeguard Measure.  
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. 
Paragraph (8) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the 
obligation of the minister in charge of finance to determine the tariff rate and duration time of the 
imposition of provisional Safeguard Duty within the time limit.  
Paragraph (9) 
Self Explanatory. 
 
Article 82 
Self Explanatory. 
 
Article 83 
Self Explanatory. 
 
Article 84 
Paragraph (1) 
"Considerations of national interest" means considerations of the overall interests which are directly or indirectly related with the Safeguard Measure, including: 
 
a. considerations of the existence of the petitioner's industry in the country as the party that is 
injured directly because of the ex istence of increased imports resultin g in Serious Injury or Threat 
of Serious Injury, either financially, in form of  declining market share,  declining number of 
employees, or losses, etc; 
b. considerations of impact of th e Safeguard Measure to the users'  industries in the country in G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 50 
 
 
  accordance to the interest of developing national industry, national food security and food prices 
stability, increasing employment, and fiscal interests. 
 
The process of considering the na tional interest shall be done by  the Minister after receiving 
recommendation to impose Safeguard Measure from KPPI. The Minister shall discuss the 
recommendation which involves ministers and/or he ads of non-ministerial government institutions 
that are related to the polic y of Safeguard Measure.  
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the 
obligation of the minister in charge of finance to determine the tariff rate and duration time of the 
imposition of provisional Safeguard Duty within the time limit.  
Paragraph (8) 
Self  Explanatory. 
Paragraph (9)  
Self  Explanatory. 
 
Article 85 
Self Explanatory. 
 
Article 86 
Self Explanatory. 
 
Article 87 
Paragraph (1) 
Self  Explanatory. 
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
"Considerations of national interest" means considerations of the overall interests which are directly 
or indirectly related with the Safeguard Measure, including: 
 
a. considerations of the existence of the petitioner's industry in the country as the party that is 
injured directly because of the ex istence of increased imports resultin g in Serious Injury or Threat 
of Serious Injury, either financially, in form of  declining market share,  declining number of 
employees, or losses, etc; 
b. considerations of impact of th e Safeguard Measure to the users'  industries in the country in 
accordance to the interest of developing national industry, national food security and food prices 
stability, increasing employment, and fiscal interests.  
The process of considering the na tional interest shall be done by  the Minister after receiving 
recommendation to impose Safeguard Measure from KPPI. The Minister shall discuss the recommendation which involves ministers and/or he ads of non-ministerial government institutions 
that are related to the polic y of Safeguard Measure.  
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
  G/ADP/N/1/IDN/3 
 G/SCM/N/1/IDN/3 
 Page 51 
 
 
  Paragraph (6) 
Self  Explanatory. 
Paragraph (7) 
Self  Explanatory. 
Paragraph (8) 
Self  Explanatory. 
Paragraph (9) 
Consideration of the convenience of conducting the collection in this paragraph shall not reduce the 
obligation of the minister in charge of finance to determine the tariff rate and duration time of the 
imposition of provisional Safeguard Duty within the time limit.   
Paragraph (10)    
Self  Explanatory. 
 Article 88 
Paragraph (1) 
"reasonable period of time" means the request shall be  filled at the latest 6 (six) months prior to the 
expiry of the Safeguard Measure.  
Paragraph (2) 
Self  Explanatory. 
Paragraph (3) 
Self  Explanatory. 
Paragraph (4) 
Self  Explanatory. 
Paragraph (5) 
Self  Explanatory. 
 
Article 89 
Self Explanatory. 
 
Article 90 
Self Explanatory. 
 
Article 91 
"Committee on Anti-dumping Practices" means an organ within the World Trade Organization/WTO, 
which monitors the implementation of WTO Agreement on Anti-dumping. 
 
"Committee on Subsidies and Counterveiling Measures" means an organ within the World Trade 
Organization/WTO, which monitors the implementation of WTO Agreement on Subsidies and Counterveiling Measures. 
 
Article 92 
Paragraph (1) 
"Committee on Safeguards" means an organ within the World Trade Organization/WTO, which 
monitors the implementation of WTO Agreement on Safeguards.  
Paragraph (2) 
Self Explanatory. 
 
Article 93 
Self Explanatory. 
 
Article 94 
Self Explanatory. 
 
Article 95 
Self Explanatory. 
 G/ADP/N/1/IDN/3 
G/SCM/N/1/IDN/3 Page 52 
 
 
  Article 96 
Self Explanatory. 
 
Article 97 
Independent within the scope of this provision shall be understood to mean in the execution on their 
investigative role. 
 Article 98 
Self Explanatory. 
 Article 99 
Self Explanatory. 
 Article 100 
Self Explanatory. 
 
Article 101 
Self Explanatory. 
 
Article 102 
Self Explanatory. 
 
Article 103 
Self Explanatory. 
 
SUPPLEMENTARY STATE GAZETTE NUMBER 5225  
 
  
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