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