Indonesia – Importation of Horticultural
Products,
Animals and Animal Products
Request for Consultations by the United States
The following communication, dated 30 August 2013, from the delegation
of the United States to the delegation of Indonesia and to the Chairperson
of the Dispute Settlement Body, is circulated in accordance with
Article 4.4 of the DSU.
_______________
My
authorities have instructed me to request consultations with the Government of
the Republic of Indonesia ("Indonesia") pursuant to Articles 1 and 4
of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, Article XXII of the General Agreement on Tariffs and Trade 1994
("GATT 1994"), Article 19 of the
Agreement on Agriculture ("Agriculture Agreement"), Article
6 of the Agreement on Import Licensing
Procedures ("Import Licensing Agreement"), and Articles 7
and 8 of the Agreement on Preshipment Inspection concerning certain measures imposed by
Indonesia on the importation of horticultural products,[1]
animals, and animal products[2]
into Indonesia.
Indonesia
subjects the importation of horticultural products, animals, and animal
products into Indonesia to non-automatic import licenses and quotas, thereby
restricting imports of goods. Indonesia's
measures restrict the importation of these products whenever domestic
production is deemed sufficient to fulfill domestic demand. Under the measures, Indonesia also sets
quotas both annually and semi-annually through ministerial-level coordination
meetings followed up by inter-ministerial technical meetings. The Ministry of Agriculture allocates the
quotas, and specifies the quantity of each product allocated to each
importer.
With
respect to horticultural products, Indonesia's non-automatic import licensing
regime involves multiple steps. First,
an importer must obtain a Horticulture Product Import Recommendation ("RIPH")[3]
certificate from the Ministry of Agriculture. The RIPH certificate restricts the quantity,
type, and country of origin of the imported horticulture product per six-month
period. RIPH certificates do not permit
the importation of fresh horticulture products for consumption that were
harvested more than six months ago.
Second, an importer must apply to receive a designation as a Producer
Importer for Horticultural Products or a Registered Importer for Horticultural
Products from the Ministry of Trade.
Third, for each imported product, the importer must apply to the
Ministry of Trade for Import Approval by submitting the RIPH certificate and
the designation.
[1] The
relevant Indonesian measure defines horticultural products as “all products
derived” from “fruits, vegetables, medicinal plants ingredients, and
floriculture including mushrooms, mosses, and water plants that serve as
vegetables, medicinal plants ingredients, and/or aesthetic materials” that are
still “fresh” or have been “processed.” Ministry of Trade Regulation 16, Art. 1(1),
1(2).
[2] The
relevant Indonesian measure defines animal products as including “all materials
originating from animals that are still fresh and/or have been treated or
processed for the purpose of consumption, pharmaceutical, agricultural, and/or
other uses for fulfillment of human needs and welfare.” Ministry of Trade
Regulation 22, Art. 1(5). The Indonesian
measures at issue also cover “carcasses, meats, edible offals, and/or processed
products thereof.” Ministry of Agriculture
Regulation 50, Art. 2(1).
[3] Rekomendasi Impor Produk Hortikultura.