korea – anti-dumping duties on imports
of certain paper from indonesia

Recourse to Article 21.5 of the DSU by Indonesia

Request for the Establishment of a Panel

            The following communication, dated 22 December 2006, from the delegation of Indonesia to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.5 of the DSU.

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            On 28 November 2005, the Dispute Settlement Body (the "DSB") adopted the recommendations and rulings in Korea – Anti-Dumping Duties on Imports of Certain Paper from Indonesia (WT/DS312).  At the meeting held on 20 December 2005, the Republic of Korea ("Korea") informed the DSB that it intended to fully implement the recommendations and rulings of the DSB in this matter within a reasonable period of time.  Indonesia and Korea agreed under Article 21.3(b) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU") that Korea had until 28 July 2006 to implement those recommendations and rulings.

            On 27 July 2006, the Korean Trade Commission (the "KTC") published its Implementation Report (Public Notice No. 2006-105 of the Korean Ministry of Finance and Economy) (the "Redetermination") in the Korean Gazette.  The Redetermination leaves the underlying anti-dumping measure and the rate of dumping duties unchanged.  At the DSB meeting held on 1 September 2006, Korea stated that by adopting the Redetermination it had fully complied with the recommendations and rulings of the DSB.  Indonesia did not agree. 

            On 26 October 2006, Indonesia requested consultations with Korea under Article 21.5 of the DSU and paragraph 1 of the Understanding between Korea and Indonesia of 17 August 2006[1] regarding the consistency of the Redetermination with Korea's obligations under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (the "Anti-Dumping Agreement").  The request was circulated in document WT/DS312/8.  Consultations were held on 15 November 2006.  These consultations failed to settle the dispute.

            Accordingly, Indonesia and Korea disagree as to the "existence or consistency with a covered agreement of measures taken to comply with the recommendations and rulings" of the DSB.  Pursuant to Articles 6 and 21.5 of the DSU, Article 17.5 of the Anti-Dumping Agreement and paragraph 2 of the Understanding between the Republic of Korea and the Republic of Indonesia of 17 August 2006, Indonesia hereby requests the establishment of a panel to examine the measures described below.  Indonesia requests that this item be placed on the agenda of the next meeting of the DSB.