./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/126
30 January 2002
(02-0465)
Committee on Anti-Dumping Practices
Ad Hoc Group on ImplementationOriginal:  English
IMPLEMENTATION-RELATED ISSUES REFERRED TO THE
COMMITTEE ON ANTI-DUMPING PRACTICES AND ITS
WORKING GROUP ON IMPLEMENTATION
Paper Submitted by Indonesia
The following communication, dated 28 January 2002, has been received from the Permanent
Mission of Indonesia.
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Paragraph 7.2 of document WT/MIN/(01)/17 refers
7.2 Indonesia considers that Article 15 should be operationalized by ensuring that constructive
remedies are implemented on a mandatory basis for all developing countries and that this would
require modification of the vague terminology such as "where", "possibilities" and "explored".
Under the existing Agreement, the most obvious remedy is price-undertakings and the lesser
duty principle, and our Delegation considers that they should be made mandatory provisions under
Article 15.  However, as these remedies are available to all Members, further thought should be givento other constructive remedies and in this case, we consider that this should be linked to the essential
interests of developing countries.
In this respect, our Delegation would propose that where imports from developing countries
have declined  in relative and absolute terms in the twelve month period following the IP, no
measures should be imposed against the countries concerned, as the initiation process itself would
have, in such circumstance, already impacted the essential interests of the developing countries
concerned.
Paragraph 7.3 of document WT/MIN/(01)/17 refers
7.3 Although Article 5.8 does not define the time frame, the language suggests that the rule
should apply once the proceeding has been initiated.  As the de minimis  rule is linked to the
verification process of dumping and injury, our Delegation considers that the investigation period
should be the general benchmark for applying this rule.  However, we would also recommend that adistinction be made between dumping and injury.  For dumping, de minimis  can only be established
once questionnaires have been returned and verified during the course of the investigation.G/ADP/AHG/W/126
Page 2
However, in the case of de minimis  imports, as soon as import volumes can be reliably
established on the evidence in hand, the 3 per cent rule should be applied.  As the IP is known before
a proceeding is initiated, and if the import figures are available (without the need for further
verification) to assess de minimis  requirements, then the requirements of Article 5.8 should be
exercised before the initiation.
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