European Union – Anti-dumping Measures on Imports of
Certain Fatty Alcohols from Indonesia

Request for Consultations by Indonesia

        The following communication, dated 27 July 2012, from the delegation of Indonesia to the delegation of the European Union and to the Chairperson of the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.

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        Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes, Article 17.3of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement"), and Article XXIII:1 of the General Agreement on Tariffs and Trade 1994 (the "GATT 1994"), the Government of Indonesia requests consultations with the European Union with respect to the imposition of definitive and provisional anti-dumping measures by the European Union on the importation of fatty alcohols, and with respect to certain aspects of the investigation underlying these measures.[1]

Indonesia is particularly concerned about the following aspects of the measures at issue:

§     The European Union failed to treat the Indonesian exporters' related Singapore sales offices as a single economic entity with their related producer/exporters.  Furthermore, the European Union made adjustments to the export price of both Indonesian exporters to reflect both the selling expenses of the Singapore sales offices as well as a "commission" paid to the related Singapore sales offices.  Because it did not have a proper factual or legal basis for this double-counting, the European Union appears to have acted inconsistently with:

o     Articles 2.3 and 2.4 of the Anti-dumping Agreement, because it inappropriately adjusted the export price the Indonesian exporters and thereby failed to conduct a fair comparison between the export price and normal value;