THE INDONESIAN ANTI DUMPING COMMITTEE
(Decree of the Minister of Industry and Trade No. 427/MPP/Kep/10/2000 dated October 19, 2000)
THE MINISTER OF INDUSTRY AND TRADE Considering:
a. That in the context of further improving the functions and role of the Indonesian Anti Dumping Committee, it is necessary to change the organizational structure of the Indonesian Anti Dumping Committee;
b. That for that purpose, 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 on the Agreement Establishing the World Trade Organization ( Statute Book No.57/1994, Supplement to Statute Book No.3564);
2. Law No. 10/1995 on Customs Affairs (Statute Book No.75/1995, Supplement to Statute Book No.3612);
3. The Government Regulation No.34/1996 on Anti Dumping Import Duty and Countervailing Duties (Statute Book No.51/1996, Supplement Statute Book No.3629);
4. The Presidential Decree No.136/1999 on The Status, Duties, Function, Organization Structure and Working systems of ministries as already amended by the Presidential decree No.147/1999;
5. The Presidential Decree No.234/M/2000 on the Establishment of The Cabinet for 1999-2004; 6. The Decree of the Minister of Industry and Trade No.444/MPP/Kep/9/1998 jo The decree of
The Minister of Industry and Trade No.24/MPP/Kep/1999 on Organization and Working System of The Ministry of Industry and Trade.
Revoking :
The Decree of the Minister of Industry and Trade No.430/MPP/Kep/9/1999 on the Indonesian Anti Dumping Committee and the Anti Dumping Operational Team;
Decides: To Stipulate:
DECREE OF MINISTER OF INDUSTRY AND TRADE ON THE INDONESIAN ANTI DUMPING COMMITTEE.
CHAPTER I
STATUS, DUTIES AND FUNCTIONS Article 1
The Indonesian Anti Dumping Committee, hereinafter referred to as the Committee, is a government institutional unit which is in charge of handling matters relating to the effort of controlling the importation of Dumping Goods or Goods Containing Unfair Subsidy which bring losses to Domestic Industries producing Similar Goods, the implementation of which is adhered to the agreement of the world Trade Organization (WTO).
Article 2 The Committee performs the following main duties ;
a. conducting investigations on the allegations of Dumping Goods or Goods Containing Subsidy Which bring Losses to Domestic Industries producing Similar Goods;
c. Recommending the imposition of Anti Dumping Import Duty or Countervailing Duties to the Minister of Industry and Trade;
d. performing other duties stipulated by the Minister of Industry and Trade;
e. preparing reports on the performance of duties to be submitted to the Minister of Industry and Trade.
Article 3
To Perform the duties as referred to in article 2, the Committee perform the following function: a. formulating policies to control the importation of Dumping Goods or Goods Containing
Subsidy;
b. examining and conducting consultations on the settlement of various problems relating to the importation of Dumping Goods or Goods Containing Subsidy; and
c. controlling the implementation of activities relating to the control of the importation of Dumping Goods or Goods Containing Subsidy.
Article 4
In performing the duties and functions as referred to in Article 2 and 3, the Committee has the following authority:
a. preparing further technical and administrative explanations on the provision relating to the dumping or subsidy;
b. conducting examination, investigation or inquiries into Parties and other parties relating to the dumping or subsidy ;
c. recommending Provisional Actions to the Minister of Industry and Trade;
d. recommending to the Minister of Industry and Trade the outcome of evaluation on the offer of Adjustment Actions;
e. conducting review of imposition of Anti dumping Import Duty or Countervailing Duties; f. proposing actions to the Minister of Industry and Trade to revoke or continue the imposition of
Anti Dumping Import Duty or Countervailing Duties;
g. issuing decisions relating to the handling of the dumping or subsidy.
Article 5
1. In performing the duties, the Committee shall heed the suggestions from the committee Steering Team.
2. The Committee Steering Team as referred to in paragraph 1 consists of : a. The Minister of Industry and Trade
b. The Minister of Finance.
Article 6
The decisions of the Committee as referred to in Article 4 letter g are:
a. The decision to accept or reject the request for a preliminary investigation of the allegation of Dumping Goods or Goods Containing Subsidy;
b. The decision to accept or reject the commencement of a follow-up investigation of the allegation of Dumping Goods or Goods Containing Subsidy;
c. The decision on discontinuation of the follow-up investigation of Dumping Goods or Goods Containing Subsidy;
d. The decision to reject or accept based on the adequacy of evidence obtained during the follow-up investigation, the existence of the importation of Dumping Goods or Goods Containing Subsidy;
CHAPTER II
STRUCTURE OF MEMBERSHIP AND ORGANIZATION Article 7
1. The Members of the Committee consist of :
1) Chairman and one Deputy Chairman concurrently member 2) One Secretary concurrently member and
3) Maximally 8 (eight) members representing the relevant agencies.
2. The membership of the Committee as referred to paragraph 1 shall be an odd number.
3. To perform administrative duties and anti dumping and subsidy technical handing, the Committee is assisted by one secretariat working unit consisting of:
a. Division of Complaints
b. Division of Dumping and Subsidy Investigation c. Division of Loss Evaluation.
d. Division Legal Affairs e. Division of General Affairs
Article 8 1. The Committee holds sessions at any time needed.
2. The Chairman of the Committee can invite officials of other related institutions/agencies to attend the sessions of the Committee.
Article 9
In performing duties, the Chairman of the Committee is responsible to the Minister of Industry and Trade.
CHAPTER III
APPOINTMENT AND DISMISSAL OF COMMITTEE OFFICIALS/EMPLOYEES Article 10
1. The Chairman at the Committee the Deputy Chairman of the Committee and Members of the Committee and the Secretary of the Committee are appointed and dismissed by the Minister of Industry and Trade.
2. The Chairman of the Committee, the Deputy Chairman of the Committee, Members of the Committee, Heads of Divisions and supporting personnel/employees of the Committee are appointed and selected from the people who are capable of professionally working for the Committee.
Article 11
1. The Division of Complaints, the Division of Investigation of Dumping and Subsidy, the Division of Loss Evaluation, the Division of Legal Affairs and the Division of General Affairs as referred to in Article 7 paragraph 3 are respectively led by Heads Appointed and dismissed by the Chairman of the Committee and in performing duties they are responsible and report to the Chairman of the Committee.
2. For the Smooth implementation of duties, the Chairman of the Committee can appoint supporting personnel/employees who are considered qualified.
CHAPTER IV
DETAILS OF DUTIES OF COMMITTEE Article 12
1. The Chairman of the Committee conducts the promotion of the Committee and controls the performance of duties within the Committee;
2. In performing the duties of promotion and control as referred to in paragraph 1, the Committee can give instructions, directive, admonishments and warnings when deemed necessary.
3. The promotion and control as referred to in paragraph 1 does not reduce the freedom of members of the Committee in providing proposals regarding the decisions of the Committee.
Article 13
The Deputy Chairman functions as referred to in Article 12 in case the Chairman of the Committee is provisionally or permanently absent.
Article 14
The Members of the committee either individually or jointly perform the duties as referred to in Article 2.
Article 15
In addition to the duties as Members of the Committee, the Secretary of the Committee leads and coordinates the execution of duties of the Committee Secretariat.
CHAPTER V
DUTIES OF COMMITTEE DIVISIONS Article 16
The Division of complaints performs the following duties :
1. Serving the complaints/request from the Domestic Industries to conduct investigation of imported goods which are alleged to be Dumping Goods or Goods which Contain Subsidy; 2. Collecting evidence and information needed in the context of the investigations of the imported
goods alleged to be Dumping Goods or Goods Containing Subsidy;
3. Conducting the Analysis as prima facie evidence involving the Dumping, Subsidy and Losses; 4. Serving the after to conduct Adjustment Actions;
5. Monitoring the developments from the stage of request/complaints to conduct the investigations of the imported goods alleged to be Dumping Goods or Goods Containing Subsidy to the stage of final decisions, concerning the imposition of the Anti Dumping Import Duty or Countervailing Duties;
6. Evaluating in the context of the review of the imposition of the Anti Dumping Import duty or Countervailing Duties.
Article 17
The Division of Investigation on Dumping and Subsidy performs the following duties:
1. Conducting coordination and being responsible for the investigations of the imported goods which are alleged to be Dumping Goods or Goods Containing Subsidy, both as its own initiative and based on requests from Domestic Industries;
2. Conducting the investigations to obtain evidence on the existence of dumping or subsidy; 3. Evaluating the evidence obtained to set the Dumping Margin or the Net Subsidy, both
provisional and final;
4. Preparing the material needed for hearing.
Article 18
1. Conducting the coordination and being responsible for the investigations of the losses of Domestic Industries caused by the imported goods which are alleged to be Dumping Goods or Goods Containing Subsidy;
2. Conducting the analysis and evaluation as well as setting the amounts of the losses suffered by Domestic Industries producing Similar Goods;
3. Conducting the analysis of outcome of verification involving the Dumping, Subsidy and Losses;
4. Collecting proposals and making conclusions of the reviews from Other Divisions to be submitted to the Chairman of the Committee;
5. Proposing the steps to control the importation of goods alleged to be Dumping Goods or Goods Containing Subsidy to the Chairman of the Committee;
6. Preparing the material needed for hearing.
Article 19 The Division of legal Affairs performs the following duties:
1. Performing secretariat, organizational, management and household duties of the Committee; 2. Supporting the performance of duties of the Divisions within the scope of the Committee; 3. Managing the administration of decisions relating to provisional Actions, Adjustment,
Actions, and stipulation of Anti Dumping Import Duty or Countervailing Duties;
4. Preparing the materials of Committee decisions needed for announcement to the investigation.
CHAPTER VI DECISION MAKING
Article 20
1. All complaints are analyzed by the Divisions in accordance with their respective authorities. 2. The results of the analysis of the Divisions as referred to in paragraph 1 are stipulated by the
Committee in the form of Decisions.
CHAPTER VII FINANCING
Article 21
All expenses needed to perform duties of the Committee are charged to the budged of the Ministry of Industry and Trade.
CHAPTER VIII OTHER PROVISION
Article 22
Technical matters which have not yet been governed in this Decree will be separately stipulated by the Chairman of the Committee.
CHAPTER IX CLOSING PROVISION
Article 23
This Decree shall come into force as from the date of stipulation.
For public congnizance, this decision shall be placed in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta on October 19,2000
THE MINISTER OF INDUSTRY AND TRADE sgd.
