South Africa — Anti-Dumping Measures on Uncoated Woodfree Paper (Complainant: Indonesia)

Consultations

Complaint by Indonesia.

On 9 May 2008, Indonesia requested consultations with South Africa on its continued imposition of definitive anti-dumping measures on imports of uncoated woodfree white A4 paper from Indonesia. Indonesia notes that South Africa imposed the definitive anti-dumping measures first on 28 May 1999. On 17 August 2005, in its final determination in the sunset review proceedings initiated on 2 April 2004, South Africa concluded that the expiry of the anti-dumping measure is not likely to lead to the continuation or recurrence of dumping. Still, South Africa continues to impose anti-dumping duties on imports of uncoated woodfree white A4 paper from Indonesia.

Indonesia understands that South Africa may have refrained from terminating the anti-dumping duties because of interim orders issued in certain ongoing judicial proceedings regarding the final determination of 17 August 2005. Indonesia claims that the failure by South Africa to terminate the anti-dumping measure imposed on imports of uncoated woodfree white A4 paper from Indonesia is inconsistent with the obligation of South Africa under Article 11.3 of the Anti-Dumping Agreement to terminate anti-dumping measures not later than five years following the date of imposition unless a determination is made in a properly conducted sunset review that expiry would be likely to lead to the continuation or recurrence of dumping and injury.

Indonesia points out that the latest semi-annual report of South Africa under Article 16.4 of the Anti-Dumping Agreement lists the sunset review on uncoated woodfree white A4 paper from Indonesia as ongoing. Indonesia claims that to the extent that the sunset review initiated by South Africa on 2 April 2004 may be considered as still ongoing, the failure of South Africa to conclude this review is inconsistent with the obligations of South Africa under Article 11.4 of the Anti-Dumping Agreement to conclude sunset reviews expeditiously and normally within twelve months.

Withdrawal/termination

On 20 November 2008, Indonesia informed the DSB that South Africa had promulgated an amendment to the Schedule of the Customs and Excise Act withdrawing the anti-dumping measures imposed on uncoated woodfree white A4 paper from Indonesia with retrospective effect from 27 November 2003.  As the anti-dumping measures had been terminated, Indonesia withdrew its request for consultations.