. /.   WORLD TRADE  
ORGANIZATION  WT/DS374/1 
G/L/850 
G/ADP/D73/1 
16 May 2008 
 (08-2267) 
 Original:   English 
  
 
SOUTH AFRICA – ANTI-DUMPING MEASURES ON  
UNCOATED WOODFREE PAPER 
 
Request for Consultations by Indonesia
 
 
 
 The following communication, dated 9 May 2008, from the delegation of Indonesia to the delegation of South Africa and to the Chairman of  the Dispute Settlement Body, is circulated in 
accordance with Article 4.4 of the DSU.  
_______________ 
 
  My authorities have instructed me to request consultations with the Republic of South Africa 
("South Africa") pursuant to Articles 1 and 4 of  the Understanding on Rules and Procedures 
Governing the Settlement of Disputes, Article XXIII :1 of the General Agreement on Tariffs and Trade 
1994, and Article 17 of the Agreemen t on Implementation of Article VI  of the General Agreement on 
Tariffs and Trade 1994 (the "Anti-Dumping Agreemen t") with respect to South Africa's continued 
imposition of anti-dumping duties on imports of Uncoated Woodfree White A4 Paper from Indonesia and related measures.  
 South Africa first imposed definitive anti-dumping measures on imports of Uncoated 
Woodfree White A4 Paper from Indonesia on 28 May 1999.  South Africa's International Trade Administration Commission initiated sunset review proceedings in respect of this anti-dumping measure on 2 April 2004.
1  Subsequently, on 17 August 2005, the International Trade Administration 
Commission concluded in its final determination in th e sunset review proceedings that the expiry of 
the anti-dumping measure is not likely  to lead to the continuation or recurrence of dumping by 
Indonesian exporters of Uncoated Woodfree White A4 Paper.2  However, South Africa continues to 
impose anti-dumping duties on Indonesian imports of Uncoated Woodfree White A4 Paper.3 
  In these circumstances, it appears to Indonesia that: 
 
(a) South Africa's failure to terminate the anti-dumping measure imposed on imports of 
Uncoated Woodfree White A4 Paper from Indonesia is inconsistent with its 
obligation under Article 11.3 of the Anti-Dumping Agreement to terminate 
anti-dumping measures not later than five  years following the date of imposition 
                                                     
 
1 ITAC, Notice No. 552, Government Gazette, 2 April 2004. 
2 ITAC, Report No. 131, Sunset Review of the Anti-dumping Du ties on Uncoated Woodfree White A4 
Paper Originating in or Imported from Brazil and Indonesia:  Final Determination , 17 August 2005. 
3 It is Indonesia's understanding that South Africa may have refrained from terminating the 
anti-dumping duties imposed on imports of uncoated woodfree A4 paper because of interim orders issued in certain ongoing judicial review proceedings regarding the International Trade Administration Commission's 
17 August 2005 determination. WT/DS374/1 
G/L/850 G/ADP/D73/1 
Page 2 
  
  unless a determination is made in a properl y conducted sunset review that expiry 
would be likely to lead to the continuation or recurrence of dumping and injury. 
(b) To the extent that the sunset review initia ted on 2 April 2004 may be considered to be 
still ongoing
4,  South Africa's failure to conclude this review is inconsistent with its 
obligation under Article 11.4 of the Anti- Dumping Agreement to conclude sunset 
reviews expeditiously and normally within twelve months. 
 We look forward to receiving your reply to the present request and to fixing a mutually 
convenient date for consultations. 
 
__________ 
 
 
                                                      
4 Indonesia notes that South Africa's latest semi-annual report under Article 16.4 of the Anti-Dumping 
Agreement lists the sunset review on Uncoated Woodfre e White A4 Paper from Indonesia as ongoing.  See 
G/ADP/N/158/ZAF, 2 August 2007, p. 3.