Australia — Anti-Dumping Measures on A4 Copy Paper

 

Short title:	Australia — Anti-Dumping Measures on Paper
Complainant:	Indonesia
Respondent:	Australia
Third Parties (original proceedings):	Canada; China; European Union; Egypt; India; Israel; Japan; Korea, Republic of; Russian Federation; Singapore; Thailand; Ukraine; United States; Viet Nam
Agreements cited: (as cited in request for consultations)	Art. 2.2, 2.2.1.1, 2.4  Anti-dumping
Agreements cited: (as cited in panel request)	Art. 2.2, 2.2.1.1  Anti-dumping Art. VI:1  GATT 1994 Art. 9.3  Anti-dumping Art. VI:2  GATT 1994
Consultations requested:	1 September 2017
Panel requested:	14 March 2018
Panel established:	27 April 2018
Panel composed:	12 July 2018
Panel report circulated:	4 December 2019 (adopted on 27 January 2020 )

 

Summary of the dispute to date

 

The summary below was up-to-date at 26 November 2020 

 

Consultations

 

Complaint by Indonesia

 

On 1 September 2017, Indonesia requested consultations with Australia with respect to measures relating to the imposition of an anti-dumping order on A4 copy paper and the investigation and determination leading thereto.

 

Indonesia claimed that the measures appear to be inconsistent with:

 

- Articles 2.2, 2.2.1.1 and 2.4 of the Anti-Dumping Agreement. 

 

On 15 September 2017, China and the United States requested to join the consultations. On 25 September 2017, the European Union requested to join the consultations. Subsequently, Australia informed the DSB that it had accepted the requests of China, the European Union and the United States to join the consultations.

 

Panel and Appellate Body proceedings

 

On 14 March 2018, Indonesia requested the establishment of a panel. At its meeting on 27 March 2018, the DSB deferred the establishment of a panel.

 

At its meeting on 27 April 2018, the DSB established a panel. Canada, China, Egypt, the European Union, India, Israel, Japan, Korea, the Russian Federation, Singapore, Thailand, Ukraine, the United States and Viet Nam reserved their third-party rights.

 

Following agreement of the parties, the panel was composed on 12 July 2018.

 

On 12 October 2018, further to paragraph 1(3) of the panel's Working Procedures, the Chair of the panel requested the DSB in separate communications to circulate to Members: (i) a partial timetable, (ii) the panel's Working Procedures, and (iii) the additional Working Procedures of the panel concerning business confidential information, all adopted by the panel on 5 October 2018. On the same date, through a separate communication, the Chair of the panel informed the DSB that the beginning of the panel's work had been delayed due to a lack of personnel in the Secretariat available to staff disputes. The Chair of the panel informed the DSB that the panel would proceed in accordance with the partial timetable adopted on 5 October, and that it expected to issue its final report to the parties in the second half of 2019.

 

On 30 November 2018, the Chair of the panel requested the DSB to circulate the panel's preliminary ruling concerning the request for enhanced third party rights submitted by Australia, China and the Russian Federation. The preliminary ruling that was issued to the parties on 29 November 2018 was circulated to Members pursuant to paragraph 1(3) of the panel's working procedures.

 

On 26 February 2019, the Chair of the panel requested the DSB to circulate a communication indicating changes to the dates of the second meeting, as well as subsequent changes to the timetable. The Chair apprised the DSB that the panel expected to issue its final report to the parties in the second half of 2019.

 

On 13 May 2019 the Chair of the Panel requested the DSB to circulate a communication containing a decision from the panel, dated 24 April 2019, declining the European Union's request, submitted on 19 December 2018, at the third-party session and in writing on 11 January 2019, for third parties to observe the second substantive meeting of the panel.

 

On 22 July 2019, the Chair of the panel requested the DSB to circulate a communication indicating changes to the timetable.

 

On 4 December 2019, the panel report was circulated to Members.

 

At its meeting on 27 January 2020, the DSB adopted the panel report.

 

Reasonable period of time

 

On 26 February 2020, Australia informed the DSB that it intended to implement the recommendations and rulings of the DSB in a manner consistent with its WTO obligations and that it would need a reasonable period of time to do so. On 12 March 2020, Australia and Indonesia informed the DSB that they had agreed that the reasonable period of time for Australia to implement the DSB's recommendations and rulings was 8 months, with an extension of 1 month in the event of unavoidable delays. Accordingly, the reasonable period of time was set to expire on 27 September 2020.

 

On 2 October 2020, Australia and Indonesia informed the DSB of Agreed Procedures under Articles 21 and 22 of the DSU (sequencing agreement).

 

Implementation of adopted reports

 

On 17 September 2020, Australia informed the DSB of its compliance in this dispute. Australia explained that on 12 March 2020, the Australian Anti-Dumping Commission had initiated Review 547 concerning the relevant measures for the purpose of implementing the rulings and recommendations of the DSB in this dispute. Australia further explained that, further to Anti Dumping Notice No. 2020/90, published on 14 September 2020, the dumping duty notice was to be revoked in its application to A4 copy paper exported from Indonesia to Australia by Indah Kiat and Pindo Deli with effect from 12 March 2020. Australia submitted that through these measures, it had fully implemented the DSB's recommendations in this dispute.