KPPI responds

KPPI responds

An article written by Harry T. Prabawa (an Indonesian Trade
and Customs Lawyer in Jakarta), published in The Jakarta Post, on
May 30, entitled Indonesian safeguards against imports, contained
a biased opinion and information that cannot be justified. With
regard to this matter, we would like to clarify as follows.

* The Committee on Trade Defense of Indonesia (KPPI) is aware of
the writer's interest as a lawyer appointed by companies from
China to exercise necessary actions in order to win the case;
including circulating information to various parties and
publishing of the article.

* Prabawa pointed out that KPPI has violated the WTO Safeguard
Agreement on the grounds that it had not delivered the disclosure
and not given the interested parties sufficient time to submit
their concerns.

On the contrary, KPPI has taken the following steps: (a)
initiating the safeguard investigation on ceramic tableware on
Oct. 19, 2004 by announcing it in Koran Tempo daily, submitting
it to interested parties, and notifying the WTO of it; (b)
providing public hearing in which Prabawa acted on behalf of his
clients to present his views; (c) holding a board meeting to
ascertain that the application of safeguard measure will be in
the public's interests; and (d) publishing the essence of
disclosure and recommendation of safeguard measure in Koran Tempo
on May 14, 2005.

Since the date of initiation, KPPI has given ample
opportunities to interested parties to submit their views.

* The article stated that KPPI did not notify the WTO of the
steps of the investigation. This statement is not made on the
basis of factual evidence. Prabawa and the public are welcome to
see the notification submitted by KPPI on http://www.wto.org/.

Evidently, all notifications are published by the WTO. The
first notification is published on Oct. 21, 2004 under Document
No. G/SG/N/6/IDN/1. The second notification is published on May,
12, 2005 under Document No. G/SG/N/8/IDN/1, G/SG/N/10/IDN/1 and
Document No. G/SG/N/11/IDN/1. These WTO documents invite all
interested parties to submit their responses with regard to
safeguard measure on ceramic tableware.

* With regard to Prabawa's statement that the legal basis of the
investigation is flawed, KPPI wishes to clarify that the legal
basis of safeguard investigation is based on Law No. 7 of 1997,
Law No. 10 of 1995 (Article 13.1.a) and Presidential Decree No.
84 of 2002. In line with the existing regulations, KPPI has
completed the investigation and submitted its recommendation to
the Government of the Republic of Indonesia within 200 days.

PRADNYAWATI, Head of Legal Division Committee on Trade Defense of Indonesia,
Jakarta