to Indonesian
a. that as the implementation of the President Decree No. 84/2002 concerning the Safeguard of The Domestic Industry Against the Impact Of Increased Imports; and in view of responding to the application by the domestic industry for investigation with respect to an increased imports of product subject to investigation that caused or threaten to cause serious injury; it is necessary to stipulate procedures and requirements of the application;
b. that for such a purpose 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 of the Republic of Indonesia No. 57/1994, Supplement to the Statute Book of the Republic of Indonesia No. 3364);
2. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to the Statute Book of the Republic of Indonesia No. 3612);
3. Decree of the President of the Republic of Indonesia No. 102/2001 concerning The Position, Tasks, Function, Authorities, Organizational Structure and Ministerial Procedures;
4. Decree of the President of the Republic of Indonesia No. 228/M/2001 concerning The Formation of Gotong Royong Cabinet;
5. Decree of the President of the Republic of Indonesia No. 84/2002 concerning the Safeguard of the Domestic Industry Against an Increase in the Import of Products;
6. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 concerning Organization and Procedures of Department of Industry and Trade;
7. Decree of the Minister of Industry and Trade No. 84/MPP/Kep/2/2003 concerning Committee on Trade Defense of Indonesia.
DECREE OF THE MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF INDONESIA CONCERNING THE PROCEDURES AND REQUIREMENTS OF APPLICATION FOR INVESTIGATION WITH RESPECT TO SAFEGUARDING DOMESTIC INDUSTRY FROM AN INCREASE IN IMPORTS
In this Decree:
a. Product subject to investigation, domestic industry, like product, interested parties, serious injury, threat of serious injury and safeguard shall be defined as laid down in the Presidential Decree No. 84/2002;
b. Substitute for product subject to investigation stipulated in Chapter I Article 1 Paragraph (6) of The Presidential Decree No. 84/2002 is like product that in its use may substitute the product subject to investigation.
(1) In case of serious injury or threat of serious injury suffered by the Domestic Industry caused by increased imports, interested parties directly affected may file an application for safeguard investigation to the Committee.
(2) The interested parties as intended in paragraph (1) are:
(3) If it is deemed necessary the Government may file an application for investigation to the Committee in order to safeguard the domestic industry.
(4) The Committee on Trade Defense of Indonesian (KPPI) at its own initiative may conduct an investigation with respect to an increase in import as to cause or threaten to cause serious injury to the domestic industry.
(1) The application as intended in Article 1 must be filed in writing in Indonesian language to the HEAD OF THE COMMITTEE ON TRADE DEFENSE OF INDONESIA attention to THE SECRETARIAT OF COMMITTEE ON TRADE DEFENCE OF INDONESIA.
(2) The domestic producer filing the application as intended in paragraph (1) must indicate:
(3) The association representing the domestic manufacturers filing the application as intended in paragraph (1) must indicate:
(1) The Application as intended in Article 1 must include:
(2) In case information as intended in paragraph (1) or other information required in investigation on the investigated goods, the applicant must submit information in writing.
(3) In the event that the information submitted is confidential, the applicant must state a summary of which is not confidential.
(1) Each application as intended in Article 3 shall be examined from administrative and substantive aspects pursuant to the provisions and requirements set forth in this Decree.
(2) During the examination of the application as intended in paragraph (1), the applicant shall be given time to complete the data submitted, upon request of the applicant or the Committee, in case the data is incomplete in accordance with the requirement of this Decree.
(3) Within at least thirty (30) days from the receipt of the completed application by the Committee and based on the result of the examination as well as the preliminary evidence submitted by the Applicant, the Committee shall issue a decision that may:
(1) The Committee shall notify the applicant concerning the rejection of the application along with the justifications of rejection.
(2) Upon the Committee's notification with respect to the justifications specified in paragraph (1), the interested parties shall be given the opportunity to respond within 15 (fifteen) days from the date of the decision of the Committee.
In case the application is accepted, the Committee shall announce through Government Notice i.e. Official Gazette of the Committee on Trade Defense of Indonesia and Notify the Interested Parties with respect to the initiation of the investigation of the product subject to investigation that allegedly have caused serious injury and or threat of serious injury to the Domestic Industry.
Additional provisions required and provisions not set out in this Decree will be elaborated by the Committee on behalf of the Chairperson of the Committee.
This Decree comes into force on the date of issuance.
For public cognizance, this Decree shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On 17 February 2003
THE MINISTER OF INDUSTRY AND TRADE OF THE REPUBLIC OF INDONESIA
signed,
RINI M. SUMARNO SOEWANDI