Statement by the Delegation of the Republic of Indonesia at the WTO Dispute Settlement Body Meeting, Korea – Anti-Dumping Duties on Imports of Certain Paper from Indonesia
May 18, 2010 Posted under Trade/WTO
Thank you, Mr. Chairman,
Indonesia thanks the DSB for the opportunity to make a statement today regarding Korea's continued imposition of WTO-inconsistent anti-dumping measures on certain paper products from Indonesia.
Korea initially imposed anti-dumping measures on imports of paper from Indonesia in September 2003 – six and a half years ago. Those measures have twice been challenged in dispute settlement proceedings and twice been found to be inconsistent with Korea's obligations under the WTO Anti-Dumping Agreement. Indonesia is disappointed that despite two adverse WTO panel rulings, Korea has not taken more positive steps to treat Indonesia's exporters in a manner consistent with Korea's obligations under the Anti-Dumping Agreement.
Following the ruling of the Article 21.5 panel in September 2007 that Korea's measure remained inconsistent, Indonesia could have requested the right to retaliate against Korea, but in a spirit of good will and cooperation decided not to do so. As a matter of law, Indonesia retains the right to request authorization of the DSB to retaliate in light of the Article 21.5 panel's finding.
Notwithstanding the fact that it has maintained a WTO-inconsistent measure for six and a half years, Korea has recently initiated a sunset review of this measure, the second such review since the measure was imposed.
Given that the measure has twice been found to be WTO-inconsistent, Indonesia would have expected Korea to allow the measure to expire without conducting a further sunset review. Nevertheless, Indonesia now expects that Korea will take the opportunity presented by the current sunset review to remove the WTO-inconsistent measure against Indonesian paper exports.
In the event that Korea does not terminate the measure and does not conduct the current sunset review in a manner that is fully consistent with Korea's obligations under the Anti-Dumping Agreement, Indonesia will have no choice but to assert its rights under the Anti-Dumping Agreement and the DSU.
Geneva, 18 May 2010