Green_Earth
Pakistan - Anti-Dumping and Countervailing Duty Investigations on Certain Paper Products from Indonesia - Request for consultations by Indonesia
日期:2013/12/02
作者:Indonesia
文件編號:G/ADP/D99/1, G/L/1059, G/SCM/D99/1, WT/DS470/1
附件下載:WTDS470-1.doc
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Pakistan – anti‑dumping and countervailing duty investigations
on certain paper products from indonesia

REQUEST FOR CONSULTATIONS BY INDONESIA

The following communication, dated 27 November 2013, from the delegation of Indonesia to the delegation of Pakistan and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

 

_______________

 

 

Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 17.3 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti‑Dumping Agreement"), Article 30 of the Agreement on Subsidies and Countervailing Measures (the "SCM Agreement"), and Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), the Government of Indonesia requests consultations with Pakistan with respect to the continuation of, and failure to terminate in a timely manner, certain anti‑dumping and countervailing duty investigations of imports of certain paper products from Indonesia.

 

On 10 November 2011 and 23 November 2011, respectively, Pakistan initiated an anti‑dumping investigation and a countervailing duty investigation of imports of writing/printing paper, inter alia, from Indonesia. As of today, two years after their initiation, both investigations are still pending and have not been terminated. Indonesia believes that this failure to terminate is contrary to Article 5.10 of the Anti‑Dumping Agreement and Article 11.11 of the SCM Agreement, which require that any anti-dumping or countervailing duty investigation be terminated "in no case" later than 18 months after the date of initiation. As a result of this failure to conclude or terminate the investigations in a timely manner, Pakistan's conduct is also inconsistent with several other provisions of the WTO agreements, as identified further below.

 

Background

 

On 10 November 2011, Pakistan's National Tariff Commission (the "Commission") initiated an anti‑dumping investigation of imports of certain paper products from Indonesia (the "anti‑dumping investigation at issue"). On 12 December 2011, the investigation was suspended by the Islamabad High Court. On 24 May 2012, the Islamabad High Court issued a decision declaring that the investigation was inconsistent with Pakistani domestic law. The Islamabad High Court's decision is currently under appeal. As of 10 November 2013 – 24 months after initiation of the investigation – Pakistan has neither issued a final determination nor terminated the investigation.