SOUTH AFRICA – ANTI-DUMPING MEASURES ON UNCOATED WOODFREE PAPER
Document: Request for Consultations by Indonesia
Date: 16 May 2008
Document codes: WT/DS374/1; G/L/850; G/ADP/D73/1
Complainant: Indonesia
Respondent: South Africa
Dispute stage: Consultation
Agreements cited: Art. 11.3, 11.4  Anti-dumping

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.

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 initiated 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.

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.