to Indonesian
a. that in order to ensure the smooth investigation into dumping goods and/or goods containing subsidy, and in order to comply with Law No. 7/1994 as well as to enforce Government Regulation No. 34/1996, it is necessary to amend the Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996;
b. that in connection with the foregoing, it is necessary to issue a decree of the Minister of Industry and Trade.
1. Law No. 7/1994 concerning the Ratification of the Agreement Establishing the World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3364);
2. Law No. 10/1995 concerning Custom (Statute Book 75/1995, Supplement to Statute Book No. 3612);
3. Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Countervailing Import Duty (Statute Book No. 91/1996, Supplement to Statute Book No. 3639);
4. Presidential Decree No. 165/2000 concerning Status, Duties, Functions, Authority, Organizational Structure, and Work Procedures of Ministries, which has been amended by Presidential Decree No. 37/2001;
5. Presidential Decree No. 234/M/2000 concerning the Establishment of Cabinet for the 1999-2004 period, which has most recently been amended by Presidential Decree No. 177/M/2001;
6. Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996 concerning Procedures and Requirements for Application for the Investigation into Dumping Goods and Goods Containing Subsidy;
7. Decree of the Minister of Industry and Trade No. 427/MPP/Kep/10/2000 concerning the Indonesian Anti Dumping Committee;
8. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 concerning Organization and Working Procedures of the Ministry of Industry and Trade.
DECREE OF THE MINISTER OF INDUSTRY AND TRADE REGARDING AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE No. 261/MPP/Kep/9/1996 CONCERNING PROCEDURES AND REQUIREMENTS FOR APPLICATION FOR INVESTIGATION INTO DUMPING GOODS AND/OR GOODS CONTAINING SUBSIDY.
Several provisions in the Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996 shall be amended as follows:
1. To amend Article 1 by adding two paragraphs called paragraphs 1a and 1 b, so it is read as follows:
"Article 1
In this Decree:
1. Dumping Goods, Export Price, Normal Value, Goods Containing Subsidy, Domestic Industry, Similar Goods, The Interested party, Loss, Import Duty, Anti Dumping Import Duty, and Compensation Import Duty are those contained in Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensation Import Duty.
1.a. Applicant is manufacturer of similar goods, which constitutes a domestic industry filing an application for investigation into imported goods assumed as Dumping Goods and/or Goods Containing Subsidy that cause losses.
1.b. Investigation Period is the length of time determined for examination purposes due to assumed loss suffered by the applicant as a result of dumping and/or subsidy within 12 months retroactively from a period of not later than 6 months, one day prior to announcement of the investigation.
2. Committee is the Indonesian Anti Dumping Committee."
2. To amend Article 2 so it is read as follows:
"Article 2
The applicant may file an application for investigation into imported goods, which are assumed as Dumping Goods and/or Goods containing subsidy causing losses, to the Committee."
3. To amend Article 3 so that it reads as follows:
"Article 3
(1) Application as intended in Article 2 shall be submitted in writing using Indonesian language and addressed to: CHAIRMAN OF THE INDONESIAN ANTI DUMPING COMMITTEE.
(2) The applicant as intended in paragraph (1) shall mention:
4. To amend Article 4 paragraph (1) so that it reads as follows:
"Article 4
1. Application as intended in Article 2 shall be completed with:
5. To amend Article 5 paragraph (3) so that it reads as follows:
"Article 5
(3) The Committee, within 30 working days from receipt of complete and correct application as intended in Article 4 paragraph (1), shall do as follows:
a. To reject, should the application does not comply with the required conditions;
b. To accept and start investigation, should the application has complied with the required conditions."
6. To amend Article 6 so that it reads as follows:
"Article 6
(1) An application will be declared as having complied with the required conditions for investigation purpose in the following cases:
(2) Total Industry Productions manufactured by Domestic Industries producing Similar Goods as intended in paragraph (1) clause c is added by total production manufactured by the applicant must exceed total production of Domestic Industries, which reject the investigation.
(3) Total production, which is mentioned in paragraph (1) clause a, includes productions of Similar Goods produced by:
(4) The applicant is said as having special relations with importers, exporters, producers and exporters or producers as intended in paragraph (3) in the following event(s):
(5) What is meant by "Controlling one another" as intended in paragraph (4) is in the event that one party, legally or operationally, is in the position to limit or order the other party.
(6) An applicant, whose application has fulfilled the requirements as intended in paragraph (1), if importing Similar Goods, which are assumed as Dumping Goods and/or goods containing Subsidy during Investigation Period in certain cases, can be categorized as Domestic Industry."
7. To amend Article 8 so that it reads as follows:
"Article 8
Further provisions, which are required and have not been ruled in this decree, will be further ruled by the Chairman of the Committee."
This decree comes into full force as of date of stipulation.
For public cognizance, this decree shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On July 9, 2001
THE MINISTER OF INDUSTRY AND TRADE
signed.
LUHUT B. PANDJAITAN