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REGULATION OF THE MINISTER OF TRADE
NUMBER 76/M-DAG/PER/12/2012

CONCERNING
INVESTIGATION PROCEDURES IN THE FRAMEWORK IMPOSITION OF ANTIDUMPING MEASURE AND COMPULSORY MEASURE

BY THE GRACE OF ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that for the smooth implementation of the investigation in the framework imposition of Antidumping Measures and Compulsory Measure, and to implement the provisions of Article 4, paragraph (7), Article 13 paragraph (4), Article 23 paragraph (8), Article 36, Article 39 paragraph (7), Article 47 paragraph (4), Article 56 paragraph (8), and Article 69 of Government Regulation Number 34 of 2011 concerning Antidumping Measures, Compulsory Measure and Trade Safeguard Measure, it is necessary to rearrange investigation procedures in the framework of the imposition of Antidumping Measures and Compulsory Measure;

b. that based on consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Law Number 7 of 1994 concerning Ratification of Agreement Establishing the World Trade Organization (Statute Book of the Republic of Indonesia Number 57 of 1994, Supplement to State Gazette of the Republic of Indonesia Number 3564);

2. Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612, as amended by Law Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement Republic of Indonesia Number 4661);

3. Government Regulation Number 34 of 2011 concerning Antidumping Measures, Compulsory Measure and Trade Safeguard Measure (Statute Book of the Republic of Indonesia Number 66 of 2011, Supplement to Statute Book of the Republic of Indonesia Number 5225);

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING INVESTIGATION PROCEDURES IN THE FRAMEWORK IMPOSITION OF ANTIDUMPING MEASURE AND COMPULSORY MEASURE.

Article 1

In this Ministerial Regulation referred to as:

1. Antidumping Measure is action taken by the government in the form of the imposition of Antidumping Import Duty against dumping goods.

2. Dumping goods are goods imported with Price Level are cheaper than their Normal Value in the exporting country.

3. Compulsory Measure is the action taken by the government in the form of imposition of Compulsory Import Duty on imported goods containing Subsidy.

4. Subsidies are:

• a. any financial assistance provided by the government or government agency, either directly or indirectly to the company, industry, group of industries or exporters; and/or
• b. any form of support to the revenue or price, which is provided directly or indirectly to increase exports or reduce imports from or to the country concerned,
• that can provide benefits to Subsidy receivers.

5. Similar Goods are domestically produced goods are identical or alike in all respects to the imported goods or goods that have similar characteristics to the imported goods.

6. Losses in case of Antidumping Measure, are:

• a. material losses that have occurred to the Domestic Industry;
• b. threat of material loss to the Domestic Industry; or
• c. Similar Goods obstruction of industrial development in the country.

7. Losses, in case of Compulsory Measure, are:

• a. material losses that have occurred to the Domestic Industry;
• b. cancellation or reduction of benefits that directly or indirectly derived from the tariff concession obtained from countries that provide subsidies; or
• c. a serious threat of loss of material to the Domestic Industry.

8. Domestic Industry, in case of Antidumping Measure or Compulsory Measure, is the overall domestic producers of similar goods or which cumulatively produce a large proportion of the overall production of similar goods, excluding:

• a. a kind of domestic goods producers affiliated with the producer exporters exporter or importer of goods or goods containing Dumping Subsidy; and
• b. importer of goods or goods containing Dumping Subsidy

9. Stakeholder Parties are an exporter, producer exporter, the government of the exporting country, the applicant or the Domestic Industry, importers, which are involved in the investigation of Antidumping Measure, Compulsory Measure, adjustment measure and Judicial Review.

10 Indonesian Antidumping Committee, hereinafter abbreviated as KADI, is a committee whose task was to carry out an investigation in the framework of Antidumping Measures and Compulsory Measure.

11 The Minister is the minister who held government affairs in the field of trade.

Article 2

Application investigation in the framework of imposition of Antidumping Measure and/or Compulsory Measure on imported goods alleged as Dumping Goods and/or goods containing subsidies that cause Losses can only be filed by domestic producers of Similar Goods and/or domestic producers of Similar Goods that representing Domestic Industry.

Article 3

(1) The application as intended in Article 2, shall be submitted in writing to the Head of KADI in Indonesian language.

(2) The application as intended in paragraph (1) shall contain the following information:

• a. identity of the applicant includes at least:
• 1. name of company;
• 2. address of the office;
• 3. address of the plant;
• 4. telephone number of office;
• 5. telephone number of plant;
• 6. facsimile number; and
• 7. name and phone number of contact person.
• b. name and address of the exporter and/or producer exporters, and importers known, complete and correct; and
• c. complete description of the imported goods are alleged of Dumping Goods and/or goods containing Subsidies and tariff post number 10 (ten) digits in accordance with the provisions of regulations in the field of customs.

(3) In addition to the requirements as intended in paragraph (2), the applicant must submit data and/or information in writing on the:

• a. total production of Similar Goods produced by the applicant and other domestic producers;
• b. volume and value of imported goods alleged dumping and/or Subsidy of at least 3 (three) years;
• c. allegations of dumping and/or subsidy that includes Normal Value, Export Price, Margin of Dumping and/or Net Subsidy;
• d. Losses; and
• e. causal link between the Dumping Goods and/or import of goods containing Subsidies to losses.

(4) In case of an application as intended in Article 2 filed by parties representing the applicant, the application must be included with the power of attorney on behalf of the applicant that is represented.

Article 4

Domestic Producer Similar Goods and domestic producers associations of Similar Goods as intended in Article 2 is considered to represent an Domestic Industry in case of:

• a. products are more than 50% (fifty percent) of sum of products or application and domestic Similar Goods producers that rejected the investigation; or
• b. products of the applicant and domestic Similar Goods producers that support the application for investigation become more than 50% (fifty percent) of the total production of the applicant, supporters, and the parties that reject the investigation.

Article 5

The investigation can only be carried out in case of the products of the applicant or products of the applicant and supporting the application is 25% (twenty five percent) or more of total Similar Goods products are produced by the Domestic Industry.

Article 6

(1) Investigation in the framework of Antidumping Measure cannot be made to the exporter, producer exporter, or a particular exporting country in case of KADI finds:

• a. Dumping Margin less than 2% (two percent) of Export Price; and/or
• b. volume of Dumping Goods from:
• 1. one country less than 3% (three percent); and
• 2. several countries as intended in paragraph b. 1 is a cumulative 7% (seven percent) or less,
• of the total imports of Similar Goods.

(2) Investigation in the framework of Compulsory Measure cannot be done or should be stopped immediately to the exporter, producer exporter, or a particular exporting country in case of KADI finds:

• a. Subsidy amounts less and 1% ad valorem; or
• b. the import volume of goods containing Subsidy really or potentially so small that can be ignored.

Article 7

In case of the data and the proposed requirements are incomplete, the applicant is given the opportunity to complete the application with the data and information as intended in Article 3.

Article 8

Within a period of at least 30 (thirty) working days from the date of application as intended in Article 3 paragraph (1) was received completely, KADI:

• a. conduct study on the adequacy and accuracy of the initial evidence presented in the application; and
• b. give decision to:
• 1. reject, in case of the application does not comply with the provisions of Article 3, Article 4, Article 5 and Article 6; or
• 2. accepts and sets the start of the investigation, in case of the application meets the provisions of Article 3, Article 4, Article 5 and Article 6.

Article 9

KADI may hold hearings in the framework of provide an opportunity to Interested Parties to present evidence and/or information related to the investigation of imported goods that alleged dumping and/or goods alleged contain subsidy.

Article 10

The hearing as intended in Article 9 can be held based on its characteristics as follows:

• a. general characteristic, to communicate or discuss the evidences and/or information which by its nature are not secret, attended by the Interested Parties;
• b. limited characteristic, to communicate or discuss the evidences and/or information which are confidential, attended by the applicant; or
• c. special, to communicate or discuss the evidence and/or information which are confidential and/or not confidential, attended by the government of the exporting country.

Article 11

(1) The hearing as intended in Article 9 to be held at the request of Interested Parties or on the initiative of KADI.

(2) The hearing on the request of Interested Parties as intended in paragraph (1) may be held by submit a written request to KADI.

Article 12

Request for hearing by an interested party as intended in Article 11 paragraph (2) must be filed:

• a. at least 14 (fourteen) calendar days after the deadline date of return clarification request; or
• b. at least 14 (fourteen) calendar days after the date of the preliminary results of the investigation.

Article 13

(1) KADI submit answer letter for receiving hearing request as intended in Article 12 no later than 7 (seven) calendar days after the date of received of proposal for hearing request.

(2) The hearing as intended in Article 11 paragraph (2) is held no later than 20 (twenty) calendar days from the date of letter of KADI as intended in paragraph (1).

Article 14

Interested Party who will attends the hearing must submits first name, title, company, and/or its legal representative, to the Head of KADI no later than 5 (five) calendar days prior to the hearing.

Article 15

The hearing was held in the Indonesian language.

Article 16

Evidence and information presented orally at the hearing must be submitted in writing at least five (5) calendar days after the date the hearing was held.

Article 17

(1) Exporter and/or producer exporter or KADI may submit bids for conducting adjustments.

(2) In case of Antidumping Measure, adjustment measure as intended in paragraph (1) may be Export Price adjustment or stopping of export Dumping Goods.

(3) In case of Compulsory Measure, adjustment measure as intended in paragraph (1) may be in the form of export price adjustment, removal or restriction of goods containing Subsidy.

(4) Offering to make adjustment measure by the exporter and/or producer exporter as intended in paragraph (1) shall be submitted in writing to the Head of KADI in Indonesian language.

(5) Offering to make adjustment measures by the exporter and/or the producer exporter to KADI or from KADI to exporters and/or producer exporter no later than 7 (seven) calendar days of the date of:

• a. the imposition of Temporary Antidumping Import Duty and/or Temporary Compulsory import Duty; or
• b. report of preliminary investigation result, in case of there is no imposition of Temporary Antidumping Import Duty and/or Temporary Compulsory import Duty.

(6) Submission of the offering as intended in paragraph (1) must be accompanied by evidences of:

• a. exporters name and/or producer exporter;
• b. Goods are Investigated;
• c. export price offered;
• d. method of payment;
• e. terms of trade; and
• f. other information deemed necessary.

Article 18

(1) KADI may approve or reject the offer for adjustment measure from exporter and/or the producer exporter.

(2) In case of the KADI agrees the offer for adjustment measure as intended in paragraph (1), the agreement is written in the memorandum of understanding between KADI with exporter and/or producer exporter.

(3) In case of the offer is approved and while in adjustment measure is applied, exporter and/or producer exporter submit the implementation of adjustment measure to KADI regularly and willing to be verified on the implementation of adjustment measure.

(4) In case of KADI agrees offer for adjustment measure as intended in paragraph (2), KADI can delay or terminate the investigation against exporter and/or producer exporter who offered adjustment measure.

(5) Any violation of the memorandum of understanding as intended in paragraph (2) are carried out by the exporter and/or producer exporter, imposition of Temporary Measure or KADI continues investigation in the framework of imposition of Antidumping Import Duty and/or Compulsory Import Duty in accordance with the information available.

(6) In case of KADI rejects adjustment measure from exporter and/or producer exporter as intended in paragraph (1), KADI gives notification in writing to the exporter and/or the producer exporter.

(7) Rejection as intended in paragraph (6) is submitted no later than 5 (five) calendar days from the date of received complete offering as intended in Article 17.

Article 19

(1) Application for review of the imposition of Antidumping Import Duty and/or Compulsory Import Duty is submitted in writing to the Head of KADI in Indonesian language.

(2) Imposition of Antidumping Import Duty and/or Compulsory Import Duty may be reviewed based on:

• a. application from exporter, producer exporter, applicant or Domestic Industry, and/or cooperative importer in the investigation;
• b. application from exporter and/or producer exporter that not to export Dumping Goods and/or goods containing Subsidy prior the imposition of Antidumping Import Duty and/or Compulsory Import Duty and is not affiliated with the exporter and/or the producer exporter subject to imposition of Antidumping Import Duty and/or Compulsory Import Duty.

(3) The review as intended in paragraph (1) may be made by KADI on its own initiative.

(4) The review as intended in paragraph (2) shall consist of:

• a. interim review, in case of it is necessary to study the possibility of loss is still ongoing and/or loss will be repeated if the imposition of Antidumping Import Duty and/or Compulsory Import Duty is suspended;
• b. sunset review, in case of the imposition of Antidumping Import Duty and/or Compulsory Import Duty will expire.

Article 20

(1) An application for interim review may be filed by:

• a. exporter, producer exporter and/or importer for the suspension of imposition Antidumping Import Duty and/or Compulsory Import Duty;
• b. exporter, producer exporter, importer, supplier or Domestic Industry as intended in Article 19 paragraph (2) a to make change to the imposition of Antidumping Import Duty and/or Compulsory Import Duty; or
• c. exporters and/or producer exporter as intended in Article 19 paragraph (2) b is not subject to Antidumping Import Duty and/or Compulsory Import Duty.

(2) The application as intended in paragraph (1) and KADI initiative as intended in Article 19 paragraph (3) must be filed at the least of 12 (twelve) months after the application of determination Antidumping Import Duty and/or Compulsory Import Duty by the minister who held government affairs in the field of finance.

(3) Application for interim review by the exporter, producer exporter, importer and/or the applicant or the Domestic Industry as intended in paragraphs (1) a and b, at least contain the following information:

• a. identity of the exporter, producer exporter, importer and/or the applicant or the Domestic Industry shall at least contain:
• 1. name of company;
• 2. address of the office;
• 3. address of the plant;
• 4. telephone number of office;
• 5. telephone number of plant;
• 6. facsimile number; and
• 7. name and phone number of contact person.
• b. complete description of the imported goods are alleged of Dumping Goods and/or goods containing subsidy and tariff post number 10 (ten) digits in accordance with the provisions regulations in the field of customs, and
• c. evidence and information that exporters and/or producer exporter are not do dumping and/or subsidy as intended in paragraph (1) a minimum on the:
• 1. domestic sales transaction;
• 2. export sales transaction to Indonesia;
• 3. Normal Value; and
• 4. price of exports to Indonesia.
• d. evidence and information that changes the margin of dumping and/or Net Subsidy and Loss remain continued and/or will be repeated, for the application as intended in paragraph (1) b.

(4) Application for interim review by the applicant or the Domestic Industry as intended in paragraph (1) b, at least contains the following information:

• a. identity of the exporter, producer exporter, the applicant or the Domestic Industry and/or importer shall at least contain;
• 1. name of company;
• 2. address of the office;
• 3. address of the plant;
• 4. telephone number of office;
• 5. telephone number of plant;
• 6. facsimile number; and
• 7. name and phone number of contact person.
• b. complete description of the imported goods are alleged of Dumping Goods and/or goods containing subsidy and tariff post number 10 (ten) digits in accordance with the provisions of regulations in the field of customs; and
• c. evidence and information that changes the margin of dumping and/or Net Subsidy and Losses remain to continued and/or will be repeated, for the application as intended in paragraph (1) b.

(5) Application for interim review by the exporter and/or producer exporter as intended in paragraph (1) c at least contains:

• a. identity of the exporter, producer exporter, and/or at least include:
• 1. name of company;
• 2. address of the office;
• 3. address of the plant;
• 4. telephone number of office;
• 5. telephone number of plant;
• 6. facsimile number; and
• 7. name and phone number of contact person.
• b. complete description of the imported goods are alleged of dumping goods and/or goods containing subsidies and tariff post number 10 (ten) digits in accordance with the provisions of regulations in the field of customs;
• c. evidence and information that exporter and/or producer exporter to export to Indonesia and do not conduct dumping and/or subsidizing, at the time of the imposition of Antidumping Import Duty and/or Compulsory Import Duty, as intended in paragraph (1) a at least on:
• 1. domestic sales transaction;
• 2. export sales transaction to Indonesia;
• 3. Normal Value; and
• 4. export price to Indonesia.
• d. evidence and information not export to Indonesia during the period of investigation; and
• e. evidence and information not affiliated with exporter and/or producer exporter subject to Antidumping Import Duty and/or Compulsory Import Duty.

(6) The provisions on the application for interim review that is filed by the Domestic Industry as intended in paragraph 1 b, mutatis mutandis, apply the provisions of Chapter II Application Procedure for Investigation in this Ministerial Regulation.

Article 21

(1) In case of KADI receiving the application as intended in Article 20 paragraph (1), KADI conduct interim review investigation on the possibility of:

• a. dumping and/or Subsidy and the loss will still continue; and/or
• b. dumping and/or Subsidy and the loss will be repeated,
• in case of the imposition of Antidumping Import Duty and/or Compulsory Import Duty is suspended.

(2) Interim review investigation as intended in paragraph (1) shall within a maximum period of 12 (twelve) months from the date of announcement of the starting of the investigation.

(3) The interim review investigation does not stop the imposition of Antidumping Import Duty and/or Compulsory Import Duty are determined by minister held government affairs in the field of finance.

(4) 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 Import Duty and/or Compulsory Import Duty.

(5) If an interim review investigation results prove that the loss is still continuing or loss will be repeated, KADI recommend to the Minister to:

• a. rejected the application for stopping imposition of Antidumping Import Duty and/or Compulsory Import Duty to exporter, producer exporter and/or importer as intended in Article 19 paragraph (2) a;
• b. rejected the application not to impose Antidumping Import Duty and/or Compulsory Import Duty to exporter and/or producer exporter as intended in Article 19 paragraph (2) b; and/or
• c. accept application to change the amount of imposition of Antidumping Import Duty and/or Compulsory Import Duty are imposed, in case of interim review filed by the applicant or the Domestic Industry as intended in Article 19 paragraph (2) a.

Article 22

(1) Application for sunset review can be filed by the applicant or the Domestic Industry as intended in Article 19 paragraph (2) a to request an extension imposition of Antidumping Import Duty and/or Compulsory Import Duty by:

• a. accompanied by changes in the amount of imposition of Antidumping Import Duty and/or Compulsory Import Duty: or
• b. not accompanied by changes in the amount of imposition of Antidumping Import Duty and/or Compulsory Import Duty.

(2) The application as intended in paragraph (1) and KADI initiatives as intended in Article 19 paragraph (3) must be filed no later than 15 (fifteen) months before the expiration of the imposition of Antidumping Import Duty and/or Compulsory Import Duty.

(3) Application for sunset review by the applicant or the Domestic Industry as intended in paragraph (1), at least contains the following information:

• a. identity of the applicant or the Domestic Industry, exporter, producer exporter and/or importer at least include:
• 1. name of company;
• 2. address of the office;
• 3. address of the plant;
• 4. telephone number of office;
• 5. telephone number of plant;
• 6. facsimile number; and
• 7. name and phone number of contact person.
• b. complete description of the imported goods are alleged of dumping goods and/or goods containing subsidies and tariff post number 10 (ten) digits in accordance with the provisions of regulations in the field of customs, and
• c. evidence and information that changes the amount of margin of dumping and/or Net Subsidy and Losses remain continued and/or will be repeated, for the application as intended in paragraph (1) b.

(4) The provisions on the application for the sunset review investigation filed by the applicant or the domestic industry as intended in paragraph 1 shall apply mutatis mutandis the provisions of Chapter II Application Procedure for Investigation in this Ministerial Regulation.

Article 23

(1) In case of KADI receives the application as intended in Article 22 paragraph (1), KADI conduct sunset review investigation of the possibility that:

• a. dumping and/or Subsidy and the loss is still ongoing; and/or
• b. dumping and/or Subsidy and the loss will be repeated,
• in case of the imposition of Antidumping Import Duty is suspended.

(2) Sunset review investigation as intended in paragraph (1) shall within a maximum period of 12 (twelve) months from the date of publication of the sunset review investigation.

(3) The sunset review investigation does not stop the imposition of Antidumping Import Duty and/or Compulsory Import Duty are determined by minister who held government affairs in the field of finance.

(4) If the investigation proves that the Loss is still continuing and/or losses will be repeated, KADI recommend to the Minister to extend the imposition of Antidumping Import Duty and/or Compulsory Import Duty by:

• a. accompanied by changes in the amount of imposition of Antidumping Import Duty and/or Compulsory Import Duty; or
• b. do not accompanied by changes in the amount of imposition of Antidumping Import Duty and/or Compulsory Import Duty.

Article 24

At the time of this Ministerial Regulation comes into force, Decree of the Minister of Industry and Trade Number 261/MPP/kep/9/1996 concerning Procedures and Requirements for Investigation Application on the Dumping Goods and or Goods Containing Subsidy, as amended by the Decree of the Minister of Industry and Trade Number 216/MPP/kep/7/2001, shall be revoked and declared void.

This Ministerial Regulation comes into force on the date of stipulation.

For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on the date Desember 14, 2012
MINISTER OF TRADE OF REPUBLIC OF INDONESIA,
signed.
GITA IRAWAN WIRJAWAN