korea –
anti-dumping duties on imports
of certain paper from indonesia
Recourse
to Article 21.5 of the DSU by Indonesia
Request for Consultations
The
following communication, dated 26
October 2006, from the delegation of Indonesia to the delegation of Korea and to
the Chairman of the Dispute Settlement Body, is circulated pursuant to
Article 21.5 of the DSU.
_______________
My
authorities have instructed me to request the Republic of Korea
("Korea") to enter into consultations pursuant to Article 21.5 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU") and paragraph I of the Understanding between the Republic of
Korea and the Republic of Indonesia of 17 August 2006 regarding the measures
taken by Korea to implement the recommendations and rulings of the Dispute
Settlement Body ("DSB") in Korea – Anti-Dumping Duties on Imports
of Certain Paper from Indonesia (WT/DS312).
On
28 November 2005,
the DSB adopted its recommendations and rulings in the dispute Korea
- Anti-Dumping Duties on Imports of Certain Paper from Indonesia
(WT/DS312). At the meeting held on 20 December 2005, Korea informed
the DSB that it intended to fully implement its recommendations and rulings.
The parties agreed under Article 21.3(b) of the DSU that Korea had until
28 July 2006 to
implement the recommendations and rulings in this dispute.
On
27 July 2006, the Korean Trade Commission ("KTC") published its
Implementation Report (Public Notice No. 2006-105 of the Korean Ministry of
Finance and Economy) (the "Redetermination") in the Korean Gazette.
This Implementation Report leaves the anti-dumping measure and rate of duties
intact.
At
the DSB meeting held on 1
September 2006, Korea
stated that with this Implementation Report it had fully complied with the
recommendations and rulings of the DSB. Indonesia disagrees. In particular,
Indonesia
is concerned that the following aspects of the measures taken to comply by Korea fail to
implement properly the rulings of the DSB in this matter: