Korea – Anti-Dumping Duties on Imports of Certain Paper from Indonesia (WT/DS312): Report of the Panel

Summary

INTRODUCTION

On 4 June 2004, the Republic of Indonesia (“Indonesia”) requested consultations pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“the DSU”), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (“the GATT”), and Article 17 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 (“Anti-Dumping Agreement”) regarding, inter alia, the imposition by the Republic of Korea (“Korea”) of definitive anti-dumping duties on imports of business information paper and uncoated wood-free printing paper from Indonesia and certain aspects of the investigation leading thereto. Korea and Indonesia consulted on 7 July 2004, but failed to settle the dispute.

On 16 August 2004, Indonesia requested the Dispute Settlement Body (“the DSB”) to establish a panel pursuant to Articles 4.7 and 6 of the DSU, Article XXIII:2 of the GATT, and Articles 17.4 and 17.5 of the Anti-Dumping Agreement (“the Agreement”).

At its meeting on 27 September 2004, the DSB established a Panel in accordance with Article 6 of the DSU to examine the matter referred to the DSB by Indonesia in document WT/DS312/2. At that meeting, the parties to the dispute also agreed that the panel should have standard terms of reference. The terms of reference are, therefore, the following:

“To examine, in the light of the relevant provisions of the covered agreements cited by Indonesia in document WT/DS312/2, the matter referred to the DSB by Indonesia in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”

On 18 October 2004, Indonesia requested the Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of the DSU. On 25 October 2004, the Director-General accordingly composed the Panel as follows:

Chairman: Mr. Ole Lundby

Members: Ms. Deborah Milstein

Ms. Leane Naidin

Canada, China, the European Communities, Japan and the United States reserved their third-party rights.

The Panel met with the parties on 1-2 February and on 30 March 2005. It met with the third parties on 2 February 2005.