to Indonesian
As one of the World Trade Organization member country that has ratified the Agreement Establishing the World Trade Organization, as implemented by Law No. 7/1994, Indonesia is obliged to play an active role in creating a fair world trade order and mutual benefit.
One of the efforts to realize the world trade order is done by setting the requirements and procedures for imposing Antidumping Duties, Compulsory Duties, and Safeguard Measure Duties and for handling in Government Regulation No. 34/1996 concerning Antidumping Duties and Compulsory Duties and Presidential Decree No. 84/2002 on Domestic Industry Safeguard Measure Caused by Surges of Imports as mandated by Law No. 10/1995 concerning Customs.
Arrangements and procedures for imposing Antidumping Duties, Compulsory Duties, and Safeguard Measures intended to allow the investigation process and the implementation of the cases of Dumping, Subsidies and Safeguard can be conducted in accordance with the applicable provisions in the International and also protects Domestic Industry from each Dumping and Subsidy practices, as well as the surge in the number of goods imported from another country.
With the enactment of Law No. 17/2006 concerning Amendment to the Law No. 10/1995 concerning Customs and to ensure the quality of the investigation and implementation process of cases of Antidumping, Subsidies, and the surge in imported goods, it is necessary arrangements concerning the provision of improved antidumping investigations, Subsidies and Trade Safeguard Measures investigation.
This Government Regulation regulates the investigations of Antidumping Measure, Compulsory Measure, and Trade Safeguard Measures, procedures for imposing Antidumping Duties, Compulsory Duties, and Safeguard Measure Duties, as well as the tasks and functions of Indonesia Antidumping Committee (KADI) and Indonesia Trade Safeguard Committee (KPPI).
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Letter a
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Letter b
Supporting of Domestic Industry to the application is expressed in written form.
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What is meant by "reasonable" is a reason relating to the company's privacy, and include a reason not to make summary of information that is not confidential.
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Supporting of Domestic Industry expressed in written form.
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What is meant by "publicly announced" is conducted through the national mass media.
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What is meant by "the starting date of investigation" is the announcement date of KADI and the notice of starting of the investigation.
The provision limits the investigation for 12 (twelve) months is intended to give enough time to KADI and certainty for interested parties.
What is meant by "certain conditions" are:
- force majeure
- there are obstacles in the investigation
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What is meant by "seek clarification" is a request for explanation or information concerning the alleged Dumping Goods that be done in the form of questionnaires.
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What is meant by "reasonable" is a reason relating to the company's privacy, and include a reason not to make summary of information that is not confidential.
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Giving opportunity to the representatives of consumer organizations to provide information necessary if Investigated Goods are traded at retail.
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Letter a
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Letter b
Preliminary report was made before the final report contains the results of the investigation and the main data of the investigation that will be used as the basis for the preparation of the final results of the investigation.
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What is meant by "blocking the investigation" for example in case of KADI need to clarify the description and/or documents received, exporter, producer exporters, the applicant or the Domestic Industry, or the importer do not provide an opportunity for clarification.
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What is meant by "relevant economic factors" can be: the potential decline in sales, profits, production, market share, productivity, return on investment, capacity utilization, factors affecting domestic prices, the rate of dumping margin, the negative effect of real and potential cash flow, inventories, employment, wages, growth, ability to raise capital or investments.
What is meant by "other relevant factors" can be: volume and price of imports that are not sold at dumping prices, contraction in demand or changes in consumption patterns, technological developments, export performance.
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly with Antidumping Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the existence of dumping resulting in losses, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of Antidumping Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, fiscal interests and so on.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Antidumping Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to the policy of Antidumping Measure.
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Consideration of easy implementation of collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rates and durations for the imposition of Temporary Antidumping Duties within a defined period.
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Letter a
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Letter b
Preliminary report was made before the final report contains the results of the investigation and the main data of the investigation that will be used as the basis for the preparation of the final results of the investigation.
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If the Adjustment Measure is approved, the Temporary Measure will not be charged.
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Letter a
The determination of when the importation of goods is calculated from the date of customs notification of the said import goods.
Letter b
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly with Antidumping Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the existence of dumping resulting in losses, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of Antidumping Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, fiscal interests and so on.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Antidumping Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to the policy of Antidumping Measure.
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Consideration of easy implementation of collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rates and durations for the imposition of Antidumping Duties within a defined period.
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Letter a
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Letter b
Supporting of Domestic Industry is expressed in written form.
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What is meant by "reasonable" is a reason relating to the company's privacy, and include a reason not to make summary of information that is not confidential.
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Supporting Domestic Industry is expressed in written form.
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What is meant by "publicly announced" is conducted through the national mass media.
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What is meant by "the starting date of investigation" is the announcement date of KADI and the notice of starting of the investigation.
The provision limits the investigation for 12 (twelve) months is intended to give enough time to KADI and certainty for interested parties.
What is meant by "certain conditions" are:
- force majeure
- there are obstacles in the investigation
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What is meant by "seek clarification" is a request for explanation or information concerning the alleged Dumping Goods that be done in the form of questionnaires.
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What is meant by "reasonable" is a reason relating to the company's privacy, and include a reason not to make summary of information that is not confidential.
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Giving opportunity to the representatives of consumer organizations to provide information necessary if Investigated Goods are traded at retail.
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Letter a
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Letter b
Preliminary report was made before the final report contains the results of the investigation and the main data of the investigation that will be used as the basis for the preparation of the final results of the investigation.
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What is meant by "blocking the investigation" for example in case of KADI need to clarify the description and/or documents received, exporter, producer exporters, the applicant or the Domestic Industry, or the importer do not provide an opportunity for clarification.
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What is meant by "relevant economic factors" can be: the potential decline in sales, profits, production, market share, productivity, return on investment, capacity utilization, factors affecting domestic prices, the amount of Net Subsidy, the negative effect of real and potential cash flow, inventories, employment, wages, growth, ability to raise capital or investments.
What is meant by "other relevant factors" can be: volume and price of imports that are not sold at subsidized prices, contraction in demand or changes in consumption patterns, technological developments, export performance.
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly with the Compulsory Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the goods contain Subsidies resulting losses in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of the Compulsory Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, and fiscal interests.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Compulsory Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to policy of Compulsory Measure.
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Consideration of easy implementation of collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rate and duration of the imposition of Temporary Compulsory Duties within a defined period.
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Letter a
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Letter b
Preliminary report was made before the final report contains the results of the investigation and the main data of the investigation that will be used as the basis for the preparation of the final results of the investigation.
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If the Adjustment Measure is approved, the Temporary Measure will not be charged.
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Letter a
The determination of when the importation of goods is calculated from the date of customs notification of the said import goods.
Letter b
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What is meant by "consideration in the framework of national interest" is to consider all interests related directly or indirectly with the Compulsory Measure include:
a. consider the existence of the domestic applicant industry as the injured party directly for the goods contain Subsidies that resulted in losses, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of the Compulsory Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, and fiscal interests.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Compulsory Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to policy of Compulsory Measure.
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Consideration of easy implementation of the collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rate and duration of the imposition of Compulsory Duties within a defined period.
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Goods Investigated includes resulted goods of industrial, agricultural, marine, fisheries, forestry, and mining.
What is meant by "other domestic parties" are government agencies and/or local governments related to the Goods Investigated, Similar Goods, or Directly Competitive Goods.
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A public announcement concerning the starting of the investigation can be done through official press releases as well as loading in a national newspaper.
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What is meant by "factors that are objective and measurable associated with the Domestic Industry condition" can be: surge in the number of imported goods, domestic market share taken by the surge in the number of imported goods, changes in the level of sales, production, productivity, utilization capacity, profits and loss, and labor.
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What is meant by "seek clarification" is a request for information, information, evidence, or other matters related to the investigation.
What is meant by "other parties concerned" are the parties both domestic and abroad related to the Goods Investigated, Similar Goods, or Directly Competitive Goods.
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What is meant by "other parties concerned", are parties other than exporters, producer exporters, applicants, importers, and governments of certain exporter countries, which based on consideration of KPPI, are required in an investigation depends on each case under investigation .
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly with Safeguard Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the surge in imported goods resulting in serious injury or threat of serious injury, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of Safeguard Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, fiscal interests and so on.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Safeguard Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to the policy of Safeguard Measure.
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Consideration of easy implementation of collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rates and durations for the imposition of Safeguard Duties within a defined period.
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly by the Safeguard Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the surge in imported goods resulting serious losses or threat of serious losses, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of Safeguard for industrial users in the country according to the interests of national industrial development, security and national food price stability, employment, and fiscal interests.
The process of considering the national interest made by the Minister after received recommendations on the imposition Safeguard Measure from KPPI. Minister to discuses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to Safeguard Measure policy.
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Consideration of easy implementation of collection in this paragraph shall not reduce the obligation of minister conducting the government affairs in finance to determine the rate and duration of the imposition of Safeguard Measure Duties within a defined period.
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What is meant by "consideration in the framework of national interest" is the consideration of all interests related directly or indirectly with the Safeguard Measure, including:
a. consider the existence of the domestic applicant industry as the injured party directly for the surge in imported goods resulting in serious injury or threat of serious injury, in financially, decreased market share, decrease the amount of labor, or losses, and so on;
b. consider the impact of Safeguard Measure for domestic industrial users according to the interests of national industrial development, national food price secure and stability, employment, fiscal interests and so on.
The process of considering the national interest made by the Minister after received recommendations on the imposition of Safeguard Measure from KADI. Minister discusses these recommendations in a discussion involving the minister and/or heads of non-ministerial government agencies related to the policy of Safeguard Measure.
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Consideration for easy implementation of the collection in this paragraph shall not reduce the obligation of the minister that conducting the government affairs in finance to determine the tariff and period of the imposition of Safeguard Measures Import Duty.
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What is meant by "within a sufficient period" is application if filed 6 (six) months before ending period of Safeguard Measure.
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What is meant by "Committee on Antidumping Practices" is a board in World Trade Organization (WTO) that monitor implementation of WTO Agreement on Antidumping.
What is meant by "Committee on Subsidies and Countervailing Measures" is a board in World Trade Organization (WTO) that monitor implementation of WTO Agreement on Subsidies and Countervailing Measures.
What is meant by "Committee on Safeguards" is a board in World Trade Organization (WTO) that monitor implementation of WTO Agreement on Safeguards.
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Independent in this provision is in the implementation of investigation function.
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SUPPLEMENT TO STATUTE BOOK OF THE REPUBLIC OF INDONESIA No. 5225