. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/136
13 May 2002
(02-2657)
Committee on Anti-Dumping Practices
Working Group on ImplementationOriginal:  English
IMPLEMENTATION –RELATED ISSUES REFERRED TO THE
COMMITTEE ON ANTI-DUMPING PRACTICES AND ITS
WORKING GROUP ON IMPLEMENTATION
The following communication, dated 6 May 2002, has been received from the Permanent
Mission of Indonesia.
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The Government of Indonesia wishes to respond to the concerns expressed at the informal
meeting of the Committee on Anti-Dumping Practices, Working Group on Implementation, as
follows:
The United States statement that there is no need  to change Article 15 for developing countries
Reply
The Government of Indonesia supports the Doha Declaration due to the emphasis placed to
put into effect special and differential treatment for developing countries.  In the case of the
Agreement on Implementation of Article VI of GATT 1994, Indonesia considers that special and
differential treatment requires laying out the constructive remedies under Article 15 that should be
applied.
Should Article 15 remain unchanged, Indonesia considers that the spirit, intent and letter of
the Doha Declaration are undermined, and that th is would cast a shadow over the New Round, at the
initial stages of the negotiating process.
Furthermore, as previously stated by our delegation, price undertakings or the application of
the lesser duty do not represent differential treatment for developing countries, as they are available to
all Members.  As a consequence, constructive remedies need to be defined and made obligatory in theAgreement.
The European Union considers that there are many  practical difficulties in implementing the
proposal of Indonesia for special and differential treatment
Reply
Indonesia disagrees in that the time-lag between  the original investigation period and the
application of measures should provide the basis for the required data collection for import volumes
will not be available.  Furthermore, Indonesia recalls that the Commission, in the anti-dumping
proceeding on PET from inter alia , Indonesia, excluded an exporting country at the petition phase
based on an import share of less than 3 per cent, and for subject goods entering under a basketG/ADP/AHG/W/136
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classification.  At that time, Indonesia expressed surprise that such data was available at such short-
notice.  However, this illustrates that the European Union would be able to implement the Indonesian
proposal submitted.
Our Government would again reiterate that " where there is a will there is a way ", and we do
not consider that the practical problems highlighted are justified.
The Indonesian proposal that after a five-year period, the duties for developing countries should
automatically lapse does not take account of the fact that the five-year period may not provide
recovery for the domestic industry
Reply
Indonesia considers the issue in a different light.  A meaningful and effective special and
differential special treatment for developing countries can only be translated by adopting measures (if
at all) that would, in any case, provide less protection for the domestic industry in the importing
country.
At this juncture, Indonesia would request both  the EU and the United States to confirm
whether this understanding is correct.  It is the opinion of our Government that this understanding is
pivotal to achieving a meaningful progress in the Round.  Furthermore, our Government would accept
this consequence for cases brought by Indonesia against developing countries.
Canada:  The Indonesian proposal on extending the role of the Committee goes beyond the
Ministerial Decision of Doha
Reply
As a developing country with relatively scant financial and human resources, Indonesia seeks
to optimize the value of the visit being made to Geneva to attend the Committee on Anti-Dumping
Practices.  The proposal to extend the activities of the Committee was made with this purpose in mind
and we believe that it would benefit all Members, and would enhance the role of the Committee itself.
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