Green_Earth
Indonesia - Importation of Horticultural Products, Animals and Animal Products - Request for consultations by the United States
日期:2013/09/09
作者:United States
文件編號:G/AG/GEN/112, G/L/1037, G/LIC/D/45, G/PSI/D/1, WT/DS465/1
附件下載:WTDS465-1.doc
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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 beenprocessed.”  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.