European Union – anti-dumping measures on imports of
certain fatty alcohols from Indonesia

request for the establishment of a panel by indonesia

        The following communication, dated 1 May 2013, from the delegation of Indonesia to the Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 6.2 of the DSU.

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On 27 July 2012, Indonesia requested consultations with the European Union pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), Article 17.3 of 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"). These consultations related to the imposition of provisional and definitive anti-dumping measures imposed by the European Union on imports of certain fatty alcohols from Indonesia, as well as to certain aspects of the investigation underlying those measures.

Consultations were held on 13 September 2012 with a view to reaching a mutually satisfactory solution. However, these consultations failed to resolve the dispute. Subsequently, the European Union Commission ("EU Commission") took certain additional administrative and investigative steps pertaining to the investigation and the measures at issue.^[1]  Further consultations, relating to these additional administrative and investigative steps, were held on 5 December 2012. These consultations also failed to resolve the dispute. On 21 December 2012, the European Union authorities published a Regulation amending the determination at issue and terminating the anti-dumping duties applied to one of the two investigated Indonesian exporters, but continued to apply anti-dumping duties to the other exporter. Another meeting between the parties took place on 10 January 2013. No resolution of the dispute was achieved at that meeting nor in subsequent communications.

On 28 February 2013, the EU Commission initiated a "partial reopening" of the anti-dumping determination. The purpose of this "reopening" is to "examine the impact" on the original anti-dumping determination of the termination of the investigation with respect to one of the Indonesian exporters. The relevant notice does not appear explicitly to specify a deadline for this review. In the meantime, the anti-dumping measures at issue remain in place.

Therefore, in accordance with Article 4.7 of the DSU, Indonesia requests that the Dispute Settlement Body (the "DSB") establish a panel to examine this matter. Pursuant to Article 6.2 of the DSU, Indonesia proceeds infra to identify the specific measures at issue and to provide a brief summary of the legal basis of the complaint.

A.     THE MEASURES AT ISSUE

        The measures at issues are the definitive and provisional anti-dumping measures imposed on imports of certain fatty alcohols and their blends from Indonesia, and certain aspects of the underlying investigation and determinations related thereto, as set forth in the following instruments: