DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 216/MPP/Kep/7/2001 DATED JULY 9, 2001
THE AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 261/MPP/Kep/9/1996 REGARDING PROCEDURES AND REQUIREMENTS
FOR APPLICATION FOR INVESTIGATION INTO DUMPING GOODS AND/OR GOODS CONTAINING SUBSIDY
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that in order to ensure the smooth investigation into dumping goods and/or goods containing subsidy, and in order to comply with Law No. 7/1994 as well as to enforce Government Regulation No. 34/1996, it is necessary to amend the Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996;
b. that in connection with the foregoing, it is necessary to issue a decree of the Minister of Industry and Trade.
In view of :
1. Law No. 7/1994 on the Ratification of the Agreement Establishing the World Trade Organization (Statute Book of 1994 No. 57, Supplement to Statute Book No. 3364);
2. Law No. 10/1995 regarding Custom Affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
3. Government Regulation No. 34/1996 regarding Anti Dumping Import Duty and Countervailing Import Duty (Statute Book of 1996 No. 91, Supplement to Statute Book No. 3639);
4. Presidential Decree No. 165/2000 regarding Status, Duties, Functions, Authority, Organizational Structure, and Work Procedures of Ministries, which has been amended by Presidential Decree No. 37/2001;
5. Presidential Decree No. 234/M/2000 regarding the Establishment of Cabinet for the 1999-2004 period, which has most recently been amended by Presidential Decree No. 177/M/2001;
6. Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996 regarding Procedures and Requirements for Application for the Investigation into Dumping Goods and Goods Containing Subsidy; 7. Decree of the Minister of Industry and Trade No. 427/MPP/Kep/10/2000 regarding the Indonesian Anti
Dumping Committee;
8. Decree of the Minister of Industry and Trade No. 86/MPP/Kep/3/2001 regarding Organization and Working Procedures of the Ministry of Industry and Trade.
DECIDES :
To stipulate :
DECREE OF THE MINISTER OF INDUSTRY AND TRADE REGARDING AMENDMENT TO DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 261/MPP/Kep/9/1996 REGARDING PROCEDURES AND REQUIREMENTS FOR APPLICATION FOR INVESTIGATION INTO DUMPING GOODS AND/OR GOODS CONTAINING SUBSIDY.
Article 1
Several provisions in the Decree of the Minister of Industry and Trade No. 261/MPP/Kep/9/1996 shall be amended as follows :
1. To amend Article 1 by adding items 1a and 1 b, so that they read as follows :
What is meant in this Decree by :
1. Dumping Goods, Export Price, Normal Value, Goods Containing Subsidy, Domestic Industry, Similar Goods, The Interested party, Loss, Import Duty, Anti Dumping Import Duty, and Compensation Import Duty are those contained in Government Regulation No. 34/1996 regarding Anti Dumping Import Duty and Compensation Import Duty.
1.a. Applicant is manufacturer of similar goods, which constitutes a domestic industry filing an application for investigation into imported goods assumed as Dumping Goods and/or Goods Containing Subsidy that cause losses.
1.b. Investigation Period is the length of time determined for examination purposes due to assumed loss suffered by the applicant as a result of dumping and/or subsidy within 12 months retroactively from a period of not later than 6 months, one day prior to announcement of the investigation.
2. Committee is the Indonesian Anti Dumping Committee."
2. To amend Article 2 so that it reads as follows :
"Article 2
The applicant may file an application for investigation into imported goods, which are assumed as Dumping Goods and/or Goods containing subsidy causing losses, to the Committee."
3. To amend Article 3 so that it reads as follows :
"Article 3
1. Application as mentioned in Article 2 shall be submitted in writing using Indonesian language and addressed to : CHAIRMAN OF THE INDONESIAN ANTI DUMPING COMMITTEE.
2. The applicant as mentioned in paragraph (1) shall mention : a. Company's name and address;
b. Name(s) of Director of the Company who is/are authorized to represent the Company."
4. To amend Article 4 paragraph (1) so that it reads as follows :
"Article 4
1. Application as mentioned in Article 2 shall be completed with : a. Photocopy of Company's deed of establishment;
b. Photocopy of Industrial Business License;
c. Complete details of the imported goods, which are assumed as Dumping Goods and/or Goods Containing Subsidy;
d. Name of exporting country and/or country origin;
e. Name and address of each exporters, producer and exporter, producer of goods or export/producers association;
f. Name and address of importer; g. Information on Export Price; h. Information on Normal Value;
i. Information on losses due to imported goods, which are assumed as Dumping Goods and/or Goods containing Subsidy;
k. The party representing the applicant as mentioned in Article 3 paragraph (2) shall obtain a special power of attorney from the applicant."
5. To amend Article 5 paragraph (3) so that it reads as follows :
"Article 5
3. The Committee, within 30 working days from receipt of complete and correct application as mentioned in Article 4 paragraph (1), shall rule as follows :
a. To reject, should the application does not comply with the required conditions;
b. To accept and start investigation, should the application has complied with the required conditions."
6. To amend Article 6 so that it reads as follows :
"Article 6
1. An application will be declared as having complied with the required conditions for investigation purpose in the following cases :
a. Total production of Similar Goods is not less than 25% of total productions of all local manufacturers of Similar Goods;
b. The applicant shows losses due to Dumping Goods and/or Goods containing Subsidy;
c. Domestic Industries producing Similar Goods, and they declare that they will support the investigation.
2. Total Industry Productions manufactured by Domestic Industries producing Similar Goods as mentioned in paragraph (1) clause c is added by total production manufactured by the applicant must exceed total production of Domestic Industries, which reject the investigation.
3. Total production, which is mentioned in paragraph (1) clause a, includes productions of Similar Goods produced by :
a. Applicant who have special relations with importer of goods, which are assumed as Dumping Goods and/or goods containing Subsidy;
b. Applicant who have special relations with exporter, producer and exporter or producer of goods, which are assumed as Dumping Goods and/or goods containing Subsidy.
4. The applicant is said as having special relations with importers, exporters, producers and exporters or producers as mentioned in paragraph (3) in the following event(s) :
a. One of them, directly or indirectly, have control over the other; b. They, directly or indirectly, are controlled by third party; or
c. They, directly or indirectly, jointly control third party as long as there has been a reasonable ground that both parties have treated the third party with different manners similar to the treatment to other manufacturers.
5. What is meant by "Controlling one another" as mentioned in paragraph (4) is in the event that one party, legally or operationally, is in the position to limit or order the other party.
6. An applicant, whose application has fulfilled the requirements as mentioned in paragraph (1), if importing Similar Goods, which are assumed as Dumping Goods and/or goods containing Subsidy during Investigation Period in certain cases, can be categorized as Domestic Industry.
"Article 8
Further provisions, which are required and have not been ruled in this decree, will be further ruled by the Chairman of the Committee."
Article II
This decree comes into full force as of date of stipulation.
For public cognizance, this decree shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 9, 2001
THE MINISTER OF INDUSTRY AND TRADE sgd.
