KADI remains objective<\/p>\n
The Anti-Dumping Committee of Indonesia (KADI) wishes to refer
\nto the article in The Jakarta Post on Aug. 15, 2000, titled Anti-
\ndumping Body still has much to do, written by Erry Bundjamin.<\/p>\n
The article rightfully credits KADI for avoiding recourse to
\nthe WTO dispute settlement. However, the fact that interested
\nparties to a proceeding may choose recourse to the WTO should not
\nbe seen as undermining the credibility of an investigating
\nauthority. It is the right of all member countries to bring a
\ncase to the WTO, including Indonesia. KADI would recommend to all
\ncountries to exercise their right where violations of Article VI,
\nGATT 1994 (the Agreement) are deemed to exist.<\/p>\n
The one issue of concern in the article presented is the
\nstatement suggesting that KADI may not act impartially. In this
\nrespect, KADI would respectfully draw attention to the record of
\nproceedings to date. In all cases, KADI has adopted a position of
\nobjectiveness in assessing allegations of dumping, injury and
\ncausality. Decisions taken are based on facts and procedure, and
\nvery detailed and exhaustive investigation. Of course, final
\ndecisions taken will not meet the approval of all interested
\nparties to the investigation, as antidumping is not a "win-win"
\nsituation. However, this does not mean KADI is partial, or more
\nprecisely, pleads the case of the domestic industry.<\/p>\n
With regard to a number of specific issue raised, we wish to
\nillustrate the issue of objectiveness as follows:
\n1. KADI is careful in assessing whether there is sufficient prima
\nfacie evidence to justify the initiation of an investigation.
\nThere is at least one case in which the evidence presented was
\nrejected. However, it is not the intention of Article 5.2 of the
\nAgreement to impose a preinvestigation on the investigating
\nauthorities, but to make sure, bearing in mind the burden on
\ninterested parties to respond to proceedings, that the prima
\nfacie evidence is well founded. Indonesia has often been
\nconcerned by the allegation brought by other investigating
\nauthorities. Most recently, a proceeding initiated by Canada on
\nsteel plate was actually based on prima facie evidence submitted
\nby U.S. industry in a similar action.
\n2. KADI is not aware of a petition being accepted, based on the
\ninformation available at that time, where the domestic industry
\nsupporting the petition is less than 25 percent. Furthermore,
\nKADI has also adopted a position whereby the percentage of
\ndomestic support is continually assessed throughout the
\nproceeding, which goes beyond the requirements of Article 5.4 of
\nthe WTO Agreement. If a number of Indonesian trading partners
\nhave adopted the same approach, we consider that the same
\nexisting antidumping measures would have been avoided against
\nIndonesia.
\n3. The issue of importing products from the countries alleged to
\nbe dumping is present in many antidumping cases. The WTO
\nAgreement states that the producers concerned may be exempt from
\nthe definition of domestic industry for the purpose of a
\nproceeding. In practice, investigating authorities will rarely
\nexempt producers from the domestic industry unless they
\nconsistently act as a trader.
\n4. In the case of like products, it is important to bear in mind
\nthat it up to the complainants to allege the scope of its
\nproducts, and for the investigating authority to decide the scope
\nof products subject to the proceeding in terms of like product
\nconsiderations.
\n5. With regard to cost-benefit analysis, there is a need to
\ndistinguish between the requirements of the WTO Agreement and
\nwhat KADI would term national or public interest. The purpose of
\nthe Agreement is to establish whether there is unfair trade and
\nwhether this unfair trade is causing or contributing to the
\ninjury suffered by the domestic industry. Once this is addressed,
\nit is then up to the KADI, and ultimately the ministers
\nconcerned, to decide whether to impose measures.<\/p>\n
MUCHTAR<\/p>\n
Secretary<\/p>\n
The Anti-Dumping Committee of Indonesia<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/kadi-remains-objective-1447893297", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }