to Indonesian
a. that to implement provisions in Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization and Article 23D of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, it is necessary to rearrange provision on the antidumping measure, compulsory measure, and trade safeguard measure;
b. that based on consideration as intended in paragraph a, it is necessary to stipulate a Government Regulation concerning Antidumping Measure, Compulsory Measure, and Trade Safeguard Measure;
1. Article 5 paragraph (2) of 1945 Indonesian Constitution;
2. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
3. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 concerning Amendment to the Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
GOVERNMENT REGULATION CONCERNING ANTIDUMPING MEASURE, COMPULSORY MEASURE, AND TRADE SAFEGUARD MEASURE
In this Government Regulation:
1. Antidumping Measure is the action taken by the government in the form of imposition of Antidumping Import Duty on the Dumping Goods.
2. Compulsory Measure is the action taken by the government in the form of the imposition of Compulsory Import Duty on imported goods containing Subsidy.
3. Trade Safeguard Measure hereinafter called as Safeguard measure, is the action taken by the government to recover Serious Losses or prevent Serious Losses suffered by the Domestic Industry as a result of the surge in imports of goods both in absolute and relative to the Similar Goods or Direct Compete Goods.
4. Dumping Goods are goods imported under Export price level lower than the its normal price in the exporting country.
5. Export Price is the price actually paid or will be paid for goods exported to the Indonesian customs areas.
6. Normal Value is the price actually paid or will be paid for Same Kind goods in general trade in the domestic market of the exporting country for the purpose of consumption.
7. Dumping margin is the difference between the Normal Value with Export Price of Dumping Goods.
8. Subsidies are:
9. Net Subsidy is the difference between subsidies with:
10. Like products shall be domestically produced goods which are identical or alike in all aspects to the said imported goods that have characteristics resembling those of the said imported goods.
11. Directly Competing Goods are domestically produced goods which in use can replace the Goods Investigated.
12. Quota is restrictions on the number of goods that can be imported by the government.
13. Losses in the terms of Antidumping Measure, are:
14. Losses, in terms of Compulsory Measure, are:
15. Serious loss is a significant overall loss suffered by the Domestic Industry.
16. Seriously Losses Threat is a clear disadvantage would occur in the near future on the Domestic Industry that ruling, based on facts, not based on allegations, prediction, or estimates.
17. Domestic Industry, in terms of Antidumping Measure or Compulsory Measure, is the overall domestic manufacturers of similar goods or which cumulatively produce a large proportion of the overall production of similar goods, excluding:
18. Domestic Industry, in terms Safeguard are manufacturers overall kind of Goods or Directly Competitive Goods which operates in parts of Indonesia or which cumulatively produce a large proportion of the overall production of the goods in question.
19. Temporary Measure is action taken to prevent continuing losses in its investigation of the imposition of Antidumping Duties or import duty Temporary Compulsory the meantime.
20. Duty is a levy imposed on the country imported goods.
21. Antidumping duties is imposed on the state levy dumping goods that cause losses.
22. Temporary Antidumping Duties are levies imposed on the country against goods dumping investigation that led to losses by the beginning of sufficient evidence.
23. Compulsory duties are state levies imposed on imported goods contain subsidies that cause losses.
24. Temporary Compulsory Duty is a levy imposed by the state for imported goods contain subsidies that cause Losses based on sufficient evidence of the beginning.
25. Safeguard Measure Duty is the state levy to recover losses or prevent serious threat Serious Losses suffered by the Domestic Industry as a result of the surge in the number of imported goods or goods of Goods Similar to Compete Directly with the aim that the Domestic Industry is experiencing disadvantage or Serious Threat Serious losses can make the necessary adjustments.
26. Goods Investigated in terms of Antidumping Duties and Compulsory Duties, is the import of goods which become the object of antidumping investigations or import goods suspected to contain subsidies given by the description and specification of goods and tariff heading numbers according to Indonesian customs tariff book.
27. Goods Investigated in terms Safeguard, is a surge of import goods that that becomes the object of investigation, which is expressed by the description and specification of goods and tariff heading numbers according to the import duty tariff book of Indonesia.
28. Minister is the minister who conducting the government affairs in trade sector.
29. Antidumping Committee of Indonesia, hereinafter abbreviated KADI, is a committee whose task was to carry out investigations in the framework of antidumping Measures and Compulsory Measure.
30. Indonesian Trade Security Committee, hereinafter abbreviated KPPI, is a committee whose task was to carry out investigations in order Safeguard.
(1) Any imported goods subject to import duty in addition to Antidumping Duties imposed, if the export price of imported goods is lower than the value normally and cause losses.
(2) The amount of Antidumping Duties as intended in paragraph (1) equal to the highest margin of dumping.
(1) Antidumping Import Duty as intended in Article 2 imposed after an investigation by KADI.
(2) An investigation by KADI as intended in paragraph (1) can be done by initiative petition or by KADI.
(1) A kind Goods Manufacturers in the country and/or associations of domestic producers can apply for Similar Goods as intended in Article 3 paragraph (2) in writing to the KADI to conduct investigations in the framework of the imposition of Antidumping Measure on imported goods as the goods suspected of dumping the cause losses.
(2) The application as intended in paragraph (1) may only be made by domestic producers of similar goods of domestic producers and associations that represent the kind of Goods Domestic Industry.
(3) A kind Goods Manufacturers in the country and the association of domestic producers of similar goods is considered to represent Domestic Industry if:
(4) The application as intended in paragraph (1) shall contain evidence of early and supported with complete documents concerning the presence of:
(5) The documents as intended in paragraph (4) consists of confidential data and data that is not confidential.
(6) In case of confidential data as intended in paragraph (5) is not supported by reasonable grounds that is confidential, KADI can ignore the confidentiality of data.
(7) Further provisions on procedures for filing an application as intended in paragraph (1) is regulated by the Minister.
KADI initiated investigations as intended in Article 3 paragraph (2) can be carried out if KADI has sufficient initial evidence for the existence of dumping goods, loss Domestic Industry, and a causal link between dumping and Loss Goods Domestic Industry.
(1) An investigation may only be conducted if:
(2) The investigation can not be done or should be stopped immediately against exporter, producer exporters, or a particular exporting country when KADI find:
(1) If the application as intended in Article 4 paragraph (1) is received in full, KADI informed about the request to the government of the exporting country.
(2) Within a period of at least 30 (thirty) working days from the date of application as intended in Article 4 paragraph (1) is received in full, KADI:
(1) The investigation in the context of the imposition of Antidumping Measures initiated at the time announced to the public.
(2) In addition to announced to the public as intended in paragraph (1), KADI notify commencement of the investigation to:
(3) The investigation ended on the date of the final report of the investigation.
(1) The investigation as intended in Article 8 be done within a period not exceeding 12 (twelve) months from the date the investigation began.
(2) In certain conditions, the period of investigation as intended in paragraph (1) can be extended to a maximum of 18 (eighteen) months.
(3) If the period of investigation did not reveal any evidence of dumping which caused losses of Goods, KADI immediately cease the investigation and report to the Minister.
(4) Termination of investigation must be immediately notified to exporters and/or producer exporters directly or through the government of the exporting country, representatives of the Republic of Indonesia in the exporting country, the applicant or the Domestic Industry, and importers, accompanied by reasons.
(1) KADI presented the final report of the investigation to the Minister and to the exporter and/or producer exporters directly or through the government of the exporting country, representatives of the Republic of Indonesia in the exporting country, the applicant or the Domestic Industry, and the importer within a period of at least 7 (seven) working days from the date of the investigation ended.
(2) In case that the final report of the investigation proved the existence of dumping goods that cause losses, KADI convey the rate of margin of dumping and to recommend to the Minister concerning the imposition of Antidumping Duties.
(3) In case that the final report of the investigation does not prove the existence of dumping goods that cause losses, KADI report to the Minister concerning the cessation of the investigation.
(1) In conducting an investigation of dumping goods, KADI request necessary explanations to the party:
(2) request an explanation as intended in paragraph (1) may be accompanied by a document request.
(3) The party as intended in paragraph (1) may declare an explanation or documents provided are confidential and are not confidential.
(4) Description or confidential documents as intended in paragraph (3) must be supported by strong reasons of confidentiality.
(5) In case that the reasons as intended in paragraph (4) is not acceptable, KADI can ignore the confidentiality of an explanation or documents submitted.
(6) Explanation or otherwise confidential documents that can not be given to other parties, except with special permission from the giver explanation or documents.
(7) The party as intended in paragraph (1) shall submit an explanation in writing to the KADI accompanied by supporting evidence at the latest within 40 (forty) calendar days from the date of letter of request for explanation.
(8) In case as intended in paragraph (1) unable to submit an explanation within the period as intended in paragraph (7), the party may request an additional period of time to KADI maximum of 30 (thirty) calendar days.
(9) In addition to demand an explanation to the parties as intended in paragraph (1), KADI provides the opportunity for industrial goods Investigated users and representatives of consumer organizations to provide information about goods Investigated.
(1) In case the number of exporters, producer exporters, importers, or types of goods Investigated involving large numbers, KADI can make limitation of the examination of investigation.
(2) Limitation as intended in paragraph (1) conducted by:
(1) At the request of exporters, producer exporters, the applicant, or the Domestic Industry, importers, and the government of the exporting country or initiative KADI, KADI holds hearings in order to give opportunity to the producer exporters, exporter, the applicant or the Domestic Industry, importers, and government of exporting country to provide evidence and information orally to the defense.
(2) The request as intended in paragraph (1) may only be filed:
(3) In conducting the defense as intended in paragraph (1), producer exporters exporter, the applicant or the Domestic Industry, importers, and the government of the exporting country must submit written evidence no later than 5 (five) calendar days from the date of public hearing was held.
(4) Further provisions on requests and procedures of the hearings governed by Ministerial Regulation.
KADI can provide an acceptable explanation as intended in Article 11 and the results of the hearing as intended in Article 13 that is not confidential to:
In case of exporters, producer exporters, the applicant or the Domestic Industry, or the importer refuses to give an explanation and/or documents or hinder the investigation, KADI an investigation based on evidence they have.
(1) For the purpose of the study of truth and completeness of explanation and/or documents, KADI can conduct an investigation into the exporter, producer exporters, the applicant, or the Domestic Industry, or importers of Goods Investigated with the approval of producer, producer exporters, the applicant, or the Domestic Industry, or importers.
(2) In case of investigations carried out in the exporter and/or producer exporters, KADI notify the exporting country representative in Indonesia.
In investigating the loss, KADI shall evaluate the economic factors associated with the condition of Domestic Industry and other relevant factors.
(1) If the period of investigation beginning KADI finds sufficient evidence of dumping of goods that cause losses, KADI can submit an interim report of the investigation result and recommend to the Minister for Temporary Measure.
(2) Interim report as intended in paragraph (1) notified to the exporter and/or producer exporters directly or through the government of the exporting country, the applicant or the Domestic Industry, and importers.
(3) The Minister submits KADI recommendation as intended in paragraph (1) to the minister and/or heads of non ministerial government agencies related to the Goods Investigated for consideration in the framework of national interests.
(4) The Minister and/or heads of non ministerial government agencies as intended in paragraph (3) gives consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the consideration request.
(5) If within 14 (fourteen) working days as intended in paragraph (4) the minister and/or heads of non-ministerial government agencies fail to submit the consideration, then the minister and/or heads of non-ministerial government agencies considered KADI approve the recommendations.
(6) Based on the considerations as intended in paragraph (4) and paragraph (5), at the latest within 45 (forty five) working days from date of recommendation from KADI, the Minister decides to accept or reject the recommendation from KADI.
(7) In case of the Minister accepted the recommendations of KADI, Minister within the period as intended in paragraph (6) submit a letter to the minister who conducting government affairs in the financial sector of the decree:
(8) The Minister who conducting government affairs in the financial sector sets a tariff rate and period of the imposition of Temporary Antidumping Duties in accordance with the decree of the Minister as intended in paragraph (7) within a period of at least 30 (thirty) working days from the receipt date of letter of Minister who conducting government affairs in the financial sector.
(9) Determination as intended in paragraph (8) should consider the easy of implementation Temporary Antidumping Duties collection.
(1) Temporary Measure is imposed not faster than 60 (sixty) days from the starting date of the investigation and is valid for a period of 4 (four) months.
(2) In case that there is request from exporters or producer exporters representing a significant percentage of Goods Investigated, the imposition of Temporary Measures can be stipulated no later than 6 (six) months.
(3) In case of Temporary Antidumping Duties is stipulated lower than Dumping Margin, the imposition of Temporary Measure as intended in paragraph (1) can be set for a period of 6 (six) months or a maximum of 9 (nine) months.
(1) Settlement of the imposition of Temporary Antidumping Duties can be done by:
(2) Procedure for settlement of imposition Temporary Antidumping Duties as intended in paragraph (1) specified in the determination of the minister who conducting government affairs in the finance affair as intended in Article 18 paragraph (8).
(3) Further provisions on procedures for settlement of the imposition of Temporary Antidumping Duties governed by the regulations of minister who conducting government affairs in the financial sector.
(1) The Minister decided to terminate Temporary Measure when the final report of the investigation does not prove the existence of Dumping Goods that cause losses.
(2) The Minister submits the decree as intended in paragraph (1) to the minister who conducting government affairs in the financial sector within 14 (fourteen) working days from reporting date of KADI as intended in Article 10 paragraph (3).
(3) The Minister who conducting government affairs in the financial sector setting the termination of Temporary Measure in accordance with the decree of the Minister as intended in paragraph (2) within a period of at least 30 (thirty) working days from the receipt date of the Minister letter by minister who conducting government affairs in finance affairs.
(4) In case of termination Temporary Measure is assigned as intended in paragraph (3), the importer can apply for a refund or guarantee as intended in Article 20 paragraph (1) to the minister who conducting government affairs in the financial sector.
(5) Further provisions on procedures for refund of Temporary Antidumping Import Duty as intended in paragraph (4) shall be regulated by rules of minister who conducting governmental affairs in the financial sector.
(1) Exporters and/or the producer exporters or KADI may submit bids for Adjustment Measures.
(2) Adjustment Measures bids submitted by exporters and/or the producer exporters or to KADI or KADI to the exporter and/or producer exporters at least 7 (seven) calendar days from date:
(3) Adjustment Measures as intended in paragraph (1) may be a price adjustment or cancellation of export goods of Dumping Goods.
(4) Adjustment Measures bids by exporters and/or producer exporters as intended in paragraph (1) may be approved if the Adjustment Measures will eliminate the impact of losses due to imports of Dumping Goods.
(1) KADI can approve or reject the offer of Adjustment Measures submitted by exporters and/or producer exporters.
(2) Approval or rejection as intended in paragraph (1) notified by KADI to the exporter and/or producer exporters.
(3) In case KADI approve the Adjustment Measures bid, KADI makes a memorandum of agreement with the exporter or producer exporters who bid Adjustment Measures.
(4) Approval or rejection KADI as intended in paragraph (1) does not terminate the implementation of the investigation.
(5) If KADI approve the adjustment measures bid and the final report based on the results of the investigation proved the existence of Dumping Goods which caused Losses, Adjustment Measures will be continued.
(6) If KADI approve the Adjustment Measures bid and based on the results of the final report of investigation does not prove the existence of Dumping Goods that cause Losses, Adjustment Measure is terminated, except there is no Losses caused by Adjustment Measures that have been done.
(7) During the Adjustment Measures is taken, exporters and/or producer exporters:
(8) Further provisions on adjustment measures governed by Regulation of the Minister.
In case that adjustment measure is not implemented in accordance with the memorandum of agreement:
(1) In order to obtain consideration in the framework of national interests, the Minister submits KADI recommendations as intended in Article 10 paragraph (2) to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated.
(2) The Minister and/or heads of non-ministerial government agencies as intended in paragraph (1) give consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the request consideration.
(3) If within 14 (fourteen) working days as intended in paragraph (2) ministers and/or heads of non-ministerial government agencies related to the Investigated Goods do not deliver consideration, it is considered approved the recommendation of KADI.
(4) Based on the considerations as intended in paragraph (2) and paragraph (3) within 45 (forty five) working days from recommendations date of KADI, the Minister decides to accept or reject the recommendation of KADI.
(5) In case that the Minister accepted the recommendations of KADI, Minister within the period as intended in paragraph (4) submit a letter to the minister who conducting government affairs in the financial sector for the decree of:
(1) The imposition of Antidumping Duties for goods exported by the exporter or producer exporters that is not examined in the investigation as intended in Article 12 paragraph (1), are established at most equal to:
(2) In determining the imposition of Antidumping Duties as intended in paragraph (1), whose value is zero dumping margin or less than 2% (two percent) are not taken into account.
(1) The Minister conducting government affairs in the financial sector and set a tariff period of imposition of Antidumping Duties in accordance with the decree of the Minister within a period of at least 30 (thirty) working days from the date of receipt of the Minister as intended in Article 25 paragraph ( 5) by the minister conducting government affairs in the financial sector.
(2) The determination as intended in paragraph (1) must consider the ease of implementation of Antidumping Duties collection.
(1) The amount of Antidumping Duties as intended in Article 27 set for the importation of goods Dumping:
(2) In case of each exporter or producer exporters in the exporting country as intended in paragraph (1) letter a shall not be mentioned one by one, the imposition of Antidumping Duties can be assigned to one exporting country.
(3) If the exporter or producer exporters of several countries as intended in paragraph (1) b, the imposition of Antidumping Duties can be assigned to:
(1) In case of different mass determination of Temporary Antidumping Duties tariff as intended in Article 18 paragraph (8) with antidumping tariffs of import duty as intended in Article 27, then:
(2) Application for refund the difference as intended in paragraph (1) a shall be submitted to the minister conducting government affairs in the financial sector.
(3) The Minister conducting government affairs in the financial sector to give a decree against the application refund the difference as intended in paragraph (1) a period of at least 30 (thirty) working days from the date of receipt of the application.
(4) Further provisions concerning the refund the payment of Temporary Antidumping Duties regulated by or under the rules of Minister who conducting governmental affairs in the financial sector.
(1) Imposition of Antidumping Duties as intended in Article 27 apply no later than 5 (five) years from the date of imposition.
(2) In case of Temporary Measures already enacted as intended in Article 18, Antidumping Duties as intended in paragraph (1) may be applied retroactively from the date of imposition of Temporary Antidumping Duties.
(3) Application of retroactive as intended in paragraph (2) only applies to the imposition of the imposition of Antidumping Duties is based on:
(4) Enforcement retroactively imposing Antidumping Duties as intended in paragraph (2) can be applied no later than 90 (ninety) days prior to the date of imposition of Temporary Measures.
(5) Application of retroactive as intended in paragraph (4) shall, if KADI know that:
(6) Application of retroactive as intended in paragraph (4) can not be enforced against the imposition of the imposition of Antidumping Duties is based:
(7) Enforcement retroactively imposing Antidumping duties as intended in paragraph (4) can not be enforced prior to the starting date of the investigation.
(1) Imposition of Antidumping Duties may be reviewed based on:
(2) The review as intended in paragraph (1) consists of:
(1) An application for an interim review may be filed by:
(2) The application as intended in paragraph (1) and KADI initiatives as intended in Article 31 paragraph (1) c can only be filed at a fast 12 (twelve) months after the enactment of Antidumping Duties determination by the minister conducting government affairs in the field finance.
(3) Provisions concerning the request for interim review and investigation apply mutatis mutandis the provisions of Part Two and Part Three Evidence of Inquiry and Information.
(1) In case KADI receiving the application as intended in Article 32 paragraph (1), KADI conduct an interim review investigation concerning the possibility of:
(2) Interim review investigation as intended in paragraph (1) shall within a period not exceeding 12 (twelve) months from the date of commencement of interim review investigation.
(3) The interim review investigation did not stop the imposition of Antidumping Duties which has been assigned the minister conducting government affairs in the financial sector as intended in Article 27 paragraph (1).
(4) If an interim review investigation results prove that the loss is still continuing or recurrent losses, KADI recommend to the Minister for:
(5) If an interim review investigation results prove that the loss does not continue and/or losses are not repeated again, KADI recommend to the Minister to stop the imposition of Antidumping Duty.
(6) On the recommendation KADI as intended in paragraph (4) c and paragraph (5), shall apply mutatis mutandis to the imposition of Antidumping Duties as intended in Article 25 and Article 27.
(1) Application for sunset review can be submitted by the applicant or the Domestic Industry as intended in Article 31 paragraph (1) a, request for an extension of the imposition of Antidumping Duties by:
(2) The application as intended in paragraph (1) and KADI initiatives as intended in Article 31 paragraph (1) c must be filed no later than 15 (fifteen) months prior to expiration of the imposition of Antidumping Duties.
(3) Provisions concerning the application and investigation of sunset review provisions apply mutatis mutandis Part Two and Part Three Evidence and Information.
(1) In case KADI receiving the application as intended in Article 34 paragraph (1), KADI sunset review investigation concerning the possibility of:
(2) sunset review investigation as intended in paragraph (1) shall not exceeding 12 (twelve) months period from the starting date of sunset review investigation.
(3) The sunset review investigation did not stop the imposition of Antidumping Duties which has been assigned by the minister conducting the government affairs in the financial sector as intended in Article 27 paragraph (1).
(4) If the investigation proves that the losses are still continuing and/or losses repeated again, KADI recommend to the Minister to extend the imposition of Antidumping Duties by:
(5) On the recommendation of KADI as intended in paragraph (4), shall apply mutatis mutandis to the imposition of Antidumping Duties as intended in Article 25 and Article 27.
Further provisions concerning the review of Antidumping Measure will be governed by Ministerial Regulation.
(1) Any imported goods subject to import duty in addition may be subject to Compulsory Duties, if:
(2) The amount of Compulsory Duties are as intended in paragraph (1) the highest subsidy equal to the Net.
(1) Compulsory duties as intended in Article 37 imposed after an investigation by KADI.
(2) An investigation by KADI as intended in paragraph (1) can be done by initiative petition or by KADI.
(1) A kind Goods Manufacturers in the country and/or associations of domestic producers can apply for Similar Goods as intended in Article 38 paragraph (2) in writing to the KADI to conduct investigations in order to reward the imposition of measures on imports of goods suspected to contain subsidies that cause losses.
(2) The application as intended in paragraph (1) may only be made by domestic producers of similar goods of domestic producers and associations that represent the kind of Goods Domestic Industry.
(3) A kind Goods Manufacturers in the country and the association of domestic producers of similar goods is considered to represent Domestic Industry if:
(4) The application as intended in paragraph (1) shall contain evidence of early and supported with complete documents concerning the presence of:
(5) The documents as intended in paragraph (4) consists of confidential data and data that is not confidential.
(6) In case of confidential data as intended in paragraph (5) is not supported by reasonable grounds that is confidential, KADI can ignore the confidentiality of data.
(7) Further provisions on procedures for filing an application as intended in paragraph (1) is regulated by the Minister.
KADI initiated investigations as intended in Article 38 paragraph (2) can be carried out if KADI has sufficient initial evidence for the existence of Net Subsidy, Losses Domestic Industry, and a causal link between subsidies and Losses Net Domestic Industry.
(1) An investigation may only be conducted if:
(2) The investigation can not be done or should be stopped immediately against exporter, producer exporters, or a particular exporting country when KADI find:
(1) If the application as intended in Article 39 paragraph (1) is received in full, KADI informed about the request to the government of the exporting country.
(2) Within a period of 30 (thirty) working days from the date of application as intended in Article 39 paragraph (1) is received in full, KADI:
(1) The investigation in the context of the imposition of measures Rewards begin at the time announced to the public.
(2) In addition to announced to the public as intended in paragraph (1), KADI notify commencement of the investigation to:
(3) The investigation ended on the date of the final report of the investigation.
(1) The investigation as intended in Article 43 carried out within a period not exceeding 12 (twelve) months from the date the investigation began.
(2) In certain conditions, the period of investigation as intended in paragraph (1) can be extended to a maximum of 18 (eighteen) months.
(3) If the period of investigation did not reveal any evidence of subsidized goods that caused Losses, KADI immediately cease the investigation and report to the Minister.
(4) Termination of investigation must be immediately notified to exporters and/or producer exporters directly or through the government of the exporting country, representatives of the Republic of Indonesia in the exporting country, the applicant or the Domestic Industry, and the importer is accompanied by reasons.
(1) KADI presented the final report of the investigation to the Minister and to the exporter and/or the manufacturer directly or through the government of the exporting country, representatives of the Republic of Indonesia in the exporting country, the applicant or the Domestic Industry, and the importer within a period of at least 7 (seven ) working days from the date of the investigation ended.
(2) In case that the final report of the investigation proved the existence of the goods contain a subsidy that causes losses, KADI convey the rate of Net Subsidy and recommend to the Minister concerning the imposition of Compulsory Duties.
(3) In case that the final report of the investigation does not prove the existence of the goods contain a subsidy that causes losses, KADI report to the Minister concerning the termination of the investigation.
(1) In conducting an investigation of goods containing Subsidies, KADI request necessary explanations to the parties of:
(2) Request for an explanation as intended in paragraph (1) may be accompanied by a document request.
(3) Parties as intended in paragraph (1) may declare an explanation or documents provided are confidential and are not confidential.
(4) Description or confidential documents as intended in paragraph (3) must be supported by strong reasons of confidentiality.
(5) In case that the reasons as intended in paragraph (4) is not acceptable, KADI can ignore the confidentiality of an explanation or documents submitted.
(6) Explanation or otherwise confidential documents that can not be given to other parties, except with special permission from the giver explanation or documents.
(7) Parties as intended in paragraph (1) shall submit an explanation in writing to the KADI accompanied by supporting evidence at the latest within 40 (forty) calendar days from the date of letter of request for explanation.
(8) In case as intended in paragraph (1) unable to submit an explanation within the period as intended in paragraph (7), parties may request an additional period of time to KADI maximum of 30 (thirty) calendar days.
(9) In addition to request an explanation to the parties as intended in paragraph (1), KADI provides the opportunity for industrial Investigated Goods users and representatives of consumer organizations to provide information on Investigated Goods.
(1) At the request of exporters, producer exporters, the applicant, or the Domestic Industry, importers, and the government of the exporting country or initiative KADI, KADI hold hearings to provide opportunity to the exporter, producer exporters, the applicant or the Domestic Industry, importers, and the government of exporter country to provide evidence and information orally to the defense.
(2) The request as intended in paragraph (1) may only be filed:
(3) In conducting the defense as intended in paragraph (1), exporter, producer exporters, the applicant or the Domestic Industry, importers, and the government of the exporting country must submit written evidence no later than 5 (five) calendar days from the date of public hearing was held.
(4) Further provisions on requests and procedures of the hearings will be governed by Ministerial Regulation.
KADI can provide an acceptable explanation as intended in Article 46 and the results of the hearing as intended in Article 47 that is not confidential to:
In case of exporters, producer exporters, the applicant or the Domestic Industry, and the importer reject to give an explanation and/or documents or hinder the investigation, KADI compile the results of investigations based on the evidence they have.
(1) For the purpose of the study of truth and completeness of explanation and/or documents, KADI can conduct an investigation into the exporter, producer exporter, the applicant or the Domestic Industry, or importers of goods Investigated with the approval of exporters, producer exporters, the applicant, or the Domestic Industry, or importers.
(2) In case of investigations carried out in the exporter and/or producer exporters, KADI notify the exporting country representative in Indonesia.
In investigating the Losses, KADI shall evaluate the economic factors associated with the condition of Domestic Industry and other relevant factors.
(1) If within the period of investigation, KADI find sufficient beginning evidence of the goods containing subsidies that cause losses, KADI can submit an interim report of the investigation result and recommend to the Minister for imposition Temporary Measure.
(2) Interim report as intended in paragraph (1) notified to the exporter and/or producer exporters directly or through the government of the exporting country, the applicant or the Domestic Industry, and importers.
(3) The Minister conveys KADI recommendations as intended in paragraph (1) to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated for consideration in the framework of national interests.
(4) The Minister and/or heads of non-ministerial government agencies as intended in paragraph (3) give consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the request for considerations.
(5) If within 14 (fourteen) working days as intended in paragraph (4) the minister and/or heads of non-ministerial government agencies related to the Investigated Goods not delivered consideration, then the minister and/or heads of non-ministerial government agencies is considered approved recommendations of KADI.
(6) Based on the considerations as intended in paragraph (4), within 45 (forty five) working days from I date of recommendations from KADI, the Minister decides to accept or reject the recommendation of KADI.
(7) In case that the Minister accepted the recommendations of KADI, Minister within the period as intended in paragraph (6) submit to the minister who conducting government affairs in the financial sector of the decree on:
(8) The minister who conducting government affairs in the financial sector set a tariff and period of imposition Temporary Compulsory Import Duty in accordance with the decree of the Minister as intended in paragraph (7) within a period of at least 30 (thirty) working days from the receipt date Minister letter by the minister who conducting government affairs in the financial sector.
(9) Determination as intended in paragraph (8) should pay attention to easy collection of implementation Temporary Compulsory Import Duty.
(1) Temporary Measure is imposed minimum 60 (sixty) days from the starting date of investigation and is valid for a period of 4 (four) months.
(2) Settlement of the imposition of Temporary Compulsory Duties can be done by:
(3) Procedure for settlement of Temporary Compulsory import duty as intended in paragraph (2) is stipulated in the determination of the minister who conducting government affairs in the financial sector as intended in Article 52 paragraph (8).
(4) Further provisions on procedures for the imposition of Temporary Compulsory Duties are governed by regulations of minister who conducting government affairs in the financial sector.
(1) The Minister decided to terminate Temporary Measure when the final report of the investigation does not prove the existence of the goods contain a Subsidy that causes Losses.
(2) The Minister submits the decree as intended in paragraph (1) to the minister who conducting government affairs in the financial sector within 14 (fourteen) working days from KADI reporting date as intended in Article 45 paragraph (3).
(3) The Minister who conducting government affairs in the financial sector setting the termination of Temporary Measure in accordance with the decree of the Minister as intended in paragraph (2) within a period of at least 30 (thirty) working days from the receipt date of Minister letter by the minister who conducting government affairs in financial sector.
(4) In case stipulation of termination for Temporary Measure as intended in paragraph (3), the importer can apply for a refund or return guarantee as intended in Article 53 paragraph (2) to the minister who conducting government affairs in the financial sector.
(5) Further provisions on the procedure for refund of Temporary Compulsory Duties payment as intended in paragraph (4) shall be arranged by regulation of minister who conducting governmental affairs in the financial sector.
(1) Exporters and/or the producer exporter or KADI may submit bid for Adjustment Measures.
(2) Adjustment Measures Bid is submitted by exporters and/or the producer exporters to KADI or KADI to the exporter and/or producer exporters at least 7 (seven) working days from date of:
(3) Adjustment Measures as intended in paragraph (1) can be:
(4) Adjustment Measures bid by exporters and/or producer exporters as intended in paragraph (1) may be approved if the Adjustment Measure will eliminate the impact of Losses due to import of goods containing Subsidy.
(1) KADI can approve or reject the offer of Adjustment Measures submitted by exporters and/or producer exporters.
(2) Approval or rejection as intended in paragraph (1) notified by KADI to the exporter and/or producer exporters.
(3) In case KADI approve the Adjustment Measures bid, KADI makes a memorandum of agreement with the exporter or producer exporters who bid Adjustment Measures.
(4) Approval or rejection KADI as intended in paragraph (1) does not stop the execution of the investigation.
(5) If KADI approve the Adjustment Measures bid and the final report based on the results of the investigation proved the existence of the goods contain a subsidy that causes losses, Adjustment Measure is continued.
(6) If KADI approve the bid and Adjustment Measures based on final report of the investigation does not prove the existence of the goods contain a subsidy that causes Losses, Adjustment Measures are terminated, except there is no loss due to Adjustment Measures that have been done.
(7) During the application of Adjustment Measures, exporters and/or producer exporters:
(8) Further provisions on Adjustment Measures will be governed by Ministerial Regulation.
In case the Adjustment Measures are not implemented in accordance with the memorandum of agreement:
(1) In order to obtain consideration in the framework of national interests, the Minister submit recommendations of KADI as intended in Article 45 paragraph (2) to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated.
(2) The Minister and/or heads of non-ministerial government agencies as intended in paragraph (1) give consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the request for consideration.
(3) If within 14 (fourteen) working days as intended in paragraph (2) Ministers and/or heads of non-ministerial government agencies related to the Investigated Goods not delivered considerations, it is considered approved the recommendation of KADI.
(4) Based on the considerations as intended in paragraph (2), within 45 (forty five) working days from date of recommendations of KADI, the Minister decides to accept or reject the recommendation KADI.
(5) In case that the Minister accepted the recommendations of KADI, Minister within the period as intended in paragraph (4) submit a letter to the minister conducting government affairs in the financial sector of the decree:
Exporters and/or producer exporters that are not checked by reason other than they rejected to provide the information as intended in Article 49 will be reviewed as soon to determine each exporter and/or producer exporters Compulsory Import Duty.
(1) The minister who conducting government affairs in the financial sector set a tariff and period of the imposition of Compulsory Duties in accordance with the decree of the Minister within a period of at least 30 (thirty) working days from the receipt date of the Minister letter as intended in Article 58 paragraph (5) by the minister who conducting government affairs in the financial sector.
(2) The determination as intended in paragraph (1) must consider the convenience for collection of Compulsory Duties.
(1) The rate of Compulsory Duties as intended in Article 60 are set to importation of goods contain subsidy from:
(2) In case of each exporter or producer exporters in the exporting country as intended in paragraph (1) a, are not mentioned one by one, the imposition of Compulsory Import Duties can be set to one exporting country.
(3) In case the exporter or producer exporters from several countries as intended in paragraph (1) b, the imposition of Compulsory Import Duties can be set to:
(1) In case of there is different determination of Temporary Compulsory Duties as intended in Article 52 paragraph (8) with the rate of Compulsory Import Duties as defined in Article 60, then:
(2) Application for return the excess as intended in paragraph (1) a shall be submitted to the minister who conducting government affairs in the financial sector.
(3) The minister who conducting government affairs in the financial sector gives a decree against the application for return excess payment as intended in paragraph (1) a within 30 (thirty) working days from the receipt date of the application.
(4) Further provisions concerning the return excess payment of Temporary Compulsory Duties will be regulated by or under the rules of minister who conducting governmental affairs in the financial sector.
(1) Imposition of Compulsory Duties as intended in Article 60 apply no later than 5 (five) years since the date of imposition.
(2) In case of Temporary Measure already enacted as intended in Article 52, Compulsory Duties as intended in paragraph (1) may be applied retroactively from the date of imposition of Temporary Compulsory Duties.
(3) Application of retroactive as intended in paragraph (2) only applies to the imposition of Compulsory Duties based on:
(4) Application of retroactive imposition of Compulsory Duties as intended in paragraph (2) can be applied no later than 90 (ninety) days prior to the date of imposition of Temporary Measure.
(5) Application of retroactive as intended in paragraph (4) will be done if KADI knows that:
(6) Application of retroactive as intended in paragraph (4) can not be applied against the imposition of the i Compulsory Duties are based on:
(7) Application of retroactive imposition of Compulsory Duties as intended in paragraph (4) can not be applied prior to the starting date of the investigation.
(1) Imposition of Import Duties Rewards can be reviewed based on:
(2) The review as intended in paragraph (1) consists of:
(1) An application for an interim review may be filed by:
(2) The application as intended in paragraph (1) and KADI initiatives as intended in Article 64 paragraph (1) c can only be filed minimum 12 (twelve) months after the enactment of Compulsory Duties determination by the minister who conducting government affairs in the finance sector.
(3) Provisions concerning the request for interim review and investigation apply mutatis mutandis the provisions of Part Two and Part Three Evidence of Inquiry and Information.
(1) In case KADI receives the application as intended in Article 65 paragraph (1), KADI conducts an interim review investigation concerning the possibility of:
(2) Interim review investigation as intended in paragraph (1) shall within a period not exceeding 12 (twelve) months from the starting date of interim review investigation.
(3) The interim review investigation did not stop the imposition of Compulsory Duties are determined by minister who conducting government affairs in the financial sector as intended in Article 60 paragraph (1).
(4) If an interim review investigation results prove that the losses are still continuing and/or losses over and over again, KADI recommend to the Minister for:
(5) If an interim review investigation results prove that the loss does not continue and/or losses are not repeated again, KADI recommend to the Minister to terminate the imposition of Compulsory Duties.
(6) On the recommendation of KADI as intended in paragraph (4) c and paragraph (5), shall apply mutatis mutandis to the imposition of Compulsory Duties as intended in Article 58 and Article 60.
(1) Application for sunset review can be submitted by the applicant or the Domestic Industry as intended in Article 64 paragraph (1) a for request for extension of the imposition of Compulsory Import Duties:
(2) The application as intended in paragraph (1) and KADI initiatives as intended in Article 64 paragraph (1) c must be filed no later than 15 (fifteen) months prior to expiration of the imposition of Antidumping Duties.
(3) Provisions concerning the application and investigation of sunset review provisions apply mutatis mutandis Part Two and Part Three Evidence of Inquiry and Information.
(1) In case KADI receiving the application as intended in Article 67 paragraph (1), KADI sunset review investigation concerning the possibility of:
(2) Sunset review investigation as intended in paragraph (1) shall within a period not exceeding 12 (twelve) months from the starting date of of sunset review investigation.
(3) The sunset review investigation does not terminate the imposition of Compulsory Duties are determined by minister who conducted government affairs in the financial sector as intended in Article 60 paragraph (1).
(4) If the investigation proves that the loss is still continuing and/or losses over and over again, KADI recommend to the Minister to extend the imposition of Compulsory Duties by:
(5) On the recommendation KADI as intended in paragraph (4), shall apply mutatis mutandis to the imposition of Compulsory Duties as intended in Article 58 and Article 60.
Further provisions concerning the review of the Compulsory Measure will be regulated by Ministerial Regulation.
(1) Any imported goods besides subject to import duty may be imposed Safeguard Measure if:
(2) Safeguard Measures as intended in paragraph (1) include the imposition of Safeguard Measure Import Duty and/or quotas.
(3) The rate of Safeguard Measure Import Duty as intended in paragraph (2) a maximum as high as the amount needed to restore Serious Losses or prevent Threat of Losses Serious to Domestic Industry.
(4) The quota number assigned as intended in paragraph (2) not be less than the average amount of imports in at least 3 (three) years, unless there are clear reasons that a lower quota required to restore Serious Losses or prevent Threat of Losses Serious to Domestic Industry.
(5) Further provisions on the establishment of quotas will be stipulated by the Ministerial Regulation.
(1) Safeguard Measures as intended in Article 70 are imposed after an investigation by KPPI.
(2) An investigation by KPPI as intended in paragraph (1) on goods Investigated can be done based request or based on initiative of KPPI.
(1) Domestic Industry and/or other domestic parties can submit a written application as intended in Article 71 paragraph (2) to KPPI to conduct investigations in the framework of imposition Safeguard Measure.
(2) The application as intended in paragraph (1) is accompanied with the initial evidence and supported by documents concerning the presence of:
(3) The documents as intended in paragraph (2) consist of confidential data and data are not confidential.
(4) Not confidential documents can not be given to other parties, except with special permission from the giver of the document.
(5) Within a period of 20 (twenty) working days from the receipt date of the application as intended in paragraph (1) in full by KPPI and based on research results, KPPI issue a decree:
(6) Further provisions on procedures for filing an application as intended in paragraph (1) are regulated by the Ministerial Regulation.
Investigation based on KPPI initiate as intended in Article 71 paragraph (2) can be carried out if KPPI have sufficient initial evidence concerning the existence Serious Losses or threat Serious Losses suffered by the Domestic Industry as a result of the surge number of imported goods.
(1) The investigation in the framework of imposition Safeguard Measure begins since announcement to the public.
(2) In addition to announcement to the public as intended in paragraph (1), KPPI notify starting of the investigation to:
(3) The investigation ended on the date of the final report of the investigation.
In the framework of the investigation as intended in Article 71, KPPI evaluate factors that are objective and measurable related with the condition of Domestic Industry.
(1) In case KPPI found no evidence of surge in imports that cause Serious Losses or Threat of Serious Losses, KPPI directly terminate the investigation and report to the Minister.
(2) Termination of investigation must be announced to the public.
(3) In addition to announced to the public as intended in paragraph (2), KPPI notify the termination of the investigation to:
In case of the final report of the investigation proved the surges amount of goods import that caused Serious Loss or Threat of Serious Losses, KPPI recommend to the Minister concerning the imposition Safeguard Measure.
(1) In conducting investigations, KPPI can request the necessary explanations to the parties of:
(2) Explanations as intended in paragraph (1) are accompanied by documents that are confidential and are not confidential.
(3) Explanation or otherwise confidential documents that can not be given to other parties, except with special permission from the giver explanation or documents.
(4) The applicant or the Domestic Industry, importers and other parties related as intended in paragraph (1) shall submit an explanation in writing to KPPI accompanied with supporting evidence within a period of at least 30 (thirty) working days from the date of letter requesting an explanation.
(1) During the investigation, KPPI should hold hearings to provide opportunity to the exporter, producer exporters, the applicant, or the Domestic Industry, importers, specified government of exporting country and other parties concerned, to submit evidence, views, and responses.
(2) Evidence, views, and responses as intended in paragraph (1) must be submitted in writing by the exporter, producer exporters, the applicant or the Domestic Industry, importers, specified government of exporting country and other parties concerned no later than 5 ( five) calendar days from the date of public hearing was held.
(1) In case of Domestic Industry Losses recovery is difficult due to delay imposition Safeguard Measure, during the investigation of KPPI may recommend to the Minister to impose a temporary Safeguard Measure.
(2) Temporary Safeguard measure as intended in paragraph (1) is taken in the form of the imposition of Temporary Safeguard Measure Import Duty.
(3) Settlement of the imposition of Temporary Safeguard import duty by cash payment of Temporary Safeguard Measure Import Duty.
(1) To obtain consideration in the framework of national interests, the Minister submits KPPI recommendations as intended in Article 77 to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated.
(2) The minister and/or heads of non-ministerial government agencies as intended in paragraph (1) give consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the request consideration.
(3) If within 14 (fourteen) working days as intended in paragraph (2) ministers and/or heads of non-ministerial government agencies fails to submit the consideration, then the minister and/or heads of non-ministerial government agencies considered approve KPPI recommendation.
(4) Based on KPPI recommendations as intended in Article 77 and subject to the provisions in paragraph (2) and paragraph (3), the Minister decides:
(5) Period for imposition of temporary Safeguard Measure import Duty as intended in paragraph (4) b is 200 (two hundred) days since notification.
(6) The Minister submits the decree as intended in paragraph (4) to the minister who conducting government affairs in financial sector at least 30 (thirty) working days from the date of the recommendation of KPPI.
(7) Based on the decree of the Minister as intended in paragraph (4), the minister who conducting government affairs in the financial sector determine the amount and duration of the imposition of temporary Safeguard Measure Import Duty at the latest within 30 (thirty) working days from the receipt date of Minister letter by the minister who conducting government affairs in the financial sector.
(8) The determination as intended in paragraph (7) should consider the convenience for collection of temporary Safeguard Measure Import Duty.
(9) Period for imposition of temporary Safeguard Measure Import Duty as intended in paragraph (4) b is part of the overall period Safeguard Measure including extensions thereof.
(1) KPPI shall notify temporary Safeguard Measure as intended in Article 81 paragraph (7) to the applicant or the Domestic Industry, and the association of importers.
(2) Further provisions on procedures for the notification as intended in paragraph (1) are regulated by the Ministerial Regulation.
(1) In this final report of the investigation result found no surge in the number of imported goods that cause Serious Losses or Threat of Serious Losses to the Domestic Industry, the importers who have made payment as intended in Article 80 paragraph (3) may apply for return of Temporary Safeguard Measure Import Duty.
(2) Application for return as intended in paragraph (1) shall be submitted to the minister who conducting government affairs in the financial sector.
(3) The application as intended in paragraph (2) is decided within a period of at least 30 (thirty) working days from the receipt date of the application.
(4) Further provisions concerning the return of temporary Safeguard Measure import duty, governed by rules of minister who conducting governmental affairs in the financial sector.
(1) To obtain consideration in the framework of national interests, the Minister submits KPPI recommendations as intended in Article 77 to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated.
(2) The Minister and/or heads of non-ministerial government agencies as intended in paragraph (1) give consideration within a period of at least 14 (fourteen) working days from the date of the Minister letter on the request for consideration.
(3) If within 14 (fourteen) working days as intended in paragraph (2) Ministers and/or heads of non-ministerial government agencies related to the Goods Investigated do not delivered Investigated considerations, it is considered approved the recommendation of KPPI.
(4) Based on recommendations of KPPI as intended in Article 77 and subject to the provisions in paragraph (2) and paragraph (3), the Minister decides:
(5) The Minister submits the decree as intended in paragraph (4) to the minister who conducting government affairs in financial sector at least 30 (thirty) working days since the date of the recommendation of KPPI.
(6) In case of Safeguard Measure is in the form of imposition Safeguard Measure Import Duty, the minister who conducted government affairs in the financial sector set a tariff and period for imposition Safeguard Measure import duty in accordance with the decree of the Minister as intended in paragraph (4) no later than 30 (thirty) working days from the receipt date of Minister letter by the minister who conducting government affairs in the financial sector.
(7) The determination as intended in paragraph (6) should consider the convenience for collection of Safeguard Measure Import Duty.
(8) KPPI notifies Safeguard Measure to the applicant or the Domestic Industry and importers association.
(9) Further provisions on procedures for the notification as intended in paragraph (8) are regulated by the Minister.
In case of different determination of tariff of temporary Safeguard Import Duty as intended in Article 81 paragraph (7) with the amount of Safeguard Measure import duty as set forth in Article 84 paragraph (6), then:
(1) Safeguard Measure worn only during deems necessary to restore or prevent loss Serious Threat Serious Losses and to provide the necessary period of adjustment for an experienced Domestic Industry Losses or Serious Threat.
(2) The period of the imposition of security measures as intended in paragraph (1) no later than 4 (four) years.
(3) The imposition of security measures as intended in paragraph (2) can be extended up to a maximum of 4 (four) years.
(4) Duration Safeguard imposition as intended in paragraph (3) can be extended back more than 2 (two) years.
(1) If the imposition Safeguard period as intended in Article 84 paragraph (6) more than 3 (three) years, KPPI conduct a review of security measures at the latest in the imposition of the middle period.
(2) Based on the results of the review as intended in paragraph (1), KPPI may recommend to the Minister for:
(3) To obtain consideration in the framework of national interests, the Minister expressed KPPI recommendations as intended in paragraph (2) to the minister and/or heads of non-ministerial government agencies related to the Goods Investigated.
(4) The minister and/or heads of non-ministerial government agencies as intended in paragraph (3) give consideration within a period of at least 14 (fourteen) working days from the date received KPPI recommendation of the Minister.
(5) If within 14 (fourteen) working days as intended in paragraph (4) the minister and/or heads of non-ministerial government agencies related to the goods not delivered Investigated considerations, it is considered approved the recommendation KPPI.
(6) On the basis of KPPI recommendations as intended in paragraph (2) and having regard to the provisions in paragraph (4) and paragraph (5), the Minister decides:
(7) The Minister conveys the decree as intended in paragraph (6) to the minister conducting government affairs in finance at least 30 (thirty) working days from the date of the recommendation of KPPI.
(8) Based on the decree of the Minister as intended in paragraph (7), within a period of at least 30 (thirty) working days from the date of receipt of the Minister, the minister who conducted government affairs in the financial field set:
(9) Determination as intended in paragraph (8) should consider the convenience for collection of import duty Safeguard.
(10) Further provisions on the procedure for reconsideration of the security measures as intended in paragraph (1) is regulated by the Ministerial Regulation.
(1) In case that the applicant request an extension Safeguard, the petition must be submitted within sufficient time prior to the expiration of Safeguard Measure to KPPI.
(2) In case that the applicant request an extension as intended in paragraph (1), KPPI conduct an investigation to prove that the extension is still needed Safeguard.
(3) KPPI recommends an extension Safeguard Measure to the Minister, if the extension is critical be taken to prevent or recover Serious Losses of Domestic Industry, which still make the adjustment effort.
(4) On the recommendation KPPI as intended in paragraph (3), apply mutatis mutandis the provisions of Article 84. (5) Further provisions concerning the extension of security measures as intended in paragraph (1) is regulated by the Minister.
(1) Safeguard may be enforced against goods re-imported the same after the 2 (two) years from the imposition of security measures before the end.
(2) Safeguard that imposition of a maximum period of 180 (one hundred eighty) days, may be reinstated without imposition Safeguard must meet the provisions as intended in paragraph (1).
(3) Application of re-imposition of security measures as intended in paragraph (2) can only be done after 1 (one) year from the imposition of security measures before the end, and not imposed on imported goods equal more than 2 (two) times in a period of 5 ( five) years from the imposition of security measures put in place.
(4) In case of re-entry into Safeguard, mutatis mutandis, apply the provisions concerning the request, inquiry, evidence and information, the imposition of provisional measures, the imposition of security measures as intended in Part Two, Part Three, Part Four and Part Five.
(5) Further provisions concerning the Safeguard measure that can be applied again as intended in paragraph (1) is regulated by the Minister.
Safeguard do not apply to goods originating from developing countries that share of imports does not exceed 3% (three percent) or cumulatively do not exceed 9% (nine percent) of total imports of each country throughout the growing share of imports is less than 3% (three percent).
Minister make notification to the Committee on Antidumping Practices and the Committee on subsidies and Countervailing Measures on the World Trade Organization (World Trade Organization):
(1) The Minister notify the Committee on Safeguards in the World Trade Organization concerning:
(2) Notification of the imposition of temporary Safeguard done before the enactment of Duty Temporary Safeguard.
Further provisions concerning notification to the Committee on Antidumping Practices, Committee on subsidies and Countervailing Measures, and the Committee on Safeguards in the World Trade Organization are regulated by the Ministerial Regulation.
(1) In this Government Regulation is established KADI whose task was to deal with problems related to efforts to control the importation of Dumping Goods and goods containing and Subsidy.
(2) KADI responsible to the Minister.
(3) To perform tasks as intended in paragraph (1), KADI implement the function:
(1) In this Government Regulation KPPI formed to address issues related to efforts to restore or prevent Serious Losses or Threat of Serious Losses suffered by the Domestic Industry as a result of the surge in the number of imported goods.
(2) KPPI responsible to the Minister.
(3) To perform tasks as intended in paragraph (1), KPPI carry out the functions:
(1) KADI and KPPI each consisting of the Chairman and Vice Chairman.
(2) The Chairman and Vice Chairman of KADI and KPPI appointed and dismissed by the Minister.
(3) The organization and working procedures KPPI KADI and regulated by the Regulation of the Minister.
KADI and KPPI in performing the tasks as intended in Article 94 and Article 95 are independent.
All costs necessary to carry out tasks and KPPI KADI as intended in Article 94 and Article 95 is charged to the State Budget of the ministry which held government affairs in trade sector.
(1) The objection to the determination of the imposition of Antidumping Measure, Compulsory Measure, and Safeguard measure, can only be filed with the Dispute Settlement Body on the World Trade Organization.
(2) Any objection to the implementation of the imposition of Antidumping Import Duty, Compulsory Import Duty, and Safeguard measure Import Duty at the time of importation in accordance with the provisions of proposed legislation.
Investigation conducted relates to the imposition of Antidumping Duties, import duty or Compulsory Duties Safeguard do not inhibit the settlement of customs duties on imports of the goods in question.
At the time of this Government Regulation comes into force:
At the time of this Government Regulation comes into force:
1. KADI that was established based on Government Regulation No. 34/1996 concerning Antidumping Duties and Compulsory Duties and KPPI that was established under Presidential Decree No. 84/2002 concerning Domestic Industry Safeguard measure Caused by Surges of Imports shall remain valid and continue their duties in accordance with this Government Regulation;
2. all decrees and activities undertaken by KADI based on Government Regulation No. 34/1996 concerning Antidumping Duties and Compulsory Duties and KPPI based on Presidential Decree No. 84/2002 concerning Domestic Industry Safeguard measure Caused by Surges of Imports are declared valid; and
3. implementing regulations of the Government Regulation No. 34/1996 concerning Antidumping Duties and Compulsory Duties and Presidential Decree No. 84/2002 concerning Domestic Industry Safeguard measure Caused by Surges of Imports shall remain valid as long as not contrary to or not regulated by the new implementation regulations under this Government Regulation.
This Government Regulation shall come into force on the date of promulgation.
For public cognizance, to this Government Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on July 4, 2011
PRESIDENT OF THE REPUBLIC OF INDONESIA,
Signed,
DR. H. SUSILO BAMBANG YUDHOYONO