“Improving our Understanding of WTO Law and Defending Against Unfair Trade Practices”
Pradnyawati
Director of Trade Defense
Directorate General of Foreign Trade
TPSA Project Final Conference - June 26, 2019
Focus: Knowledge, Skills Acquired and Outcomes, Impacts and Benefits Gained
GLOBAL USE OF TRADE REMEDIES(2012 - 2017)*
Year 2012 2013 2014 2015 2016 2017 Total
Anti-dumping 121 161 157 181 171 194 985
Safeguard 6 8 11 11 6 10 52
Countervailing 10 13 11 15 24 18 91
Total 137 182 179 207 201 222 1128
Source: WTO, 2019*Note: Data on this indicator are only available until 2017
TRADE REMEDIES IMPOSED BY INDONESIA(2012 - 2017)*
Year 2012 2013 2014 2015 2016 2017 Total
Anti-dumping 4 5 3 6 0 3 21
Safeguard 1 1 2 3 0 0 7
Countervailing 0 0 0 0 0 0 0
Total 5 6 5 9 0 3 28
Source: WTO, 2019*Note: Data on this indicator are only available until 2017
• Within 5 years there has been an increase of 60% in the GLOBAL imposition of TR onimported goods, from 137 cases in 2012 to 222 cases in 2017
• Trade Remedies Imposed by Indonesia (2012 – 2017) is relatively minimal, with a share of2.5% of the total imposition of TR
• Indonesia has never used Countervailing duty on imports of subsidized goods yet
THE INCREASED USE OF TRADE REMEDY INSTRUMENTS BY TRADING PARTNER COUNTRIES
Our Objectives
Increasing
trend global usage of trade
remedy instrument by
WTO Members
8th as the most frequent target of
dumping investigations (208
investigations)
4th as the most frequent target of anti-
subsidy investigations (22 investigations)
STATUSDUMPING SUBSIDI SAFEGUARD TOTAL
APPLIED 101 9 22 132
TERMINATED 106 12 43 161
ON PROCESS 23 4 10 37
TOTAL 230 25 75 330
Source : Database DPP – June 2019
Improvement of DPP’s personnel
competency is therefore very critical,
including:
▪ train new staffs
▪ build the capacity of existing staffs
▪ increase the number of cases of trade
remedies that can be handled
▪ increase the quality of case
management and submissions
▪ reduce the number of cases including
subsidies allegations
2nd as the most active user of safeguard
measures (27 initiations)
Indonesia’s Position
Period: 1995-2017
India, 53Amerika
Serikat, 37
Uni Eropa, 36
Australia, 28Turki, 23
Malaysia, 19
Philipina, 15
Afrika Selatan, 14
Brazil, 11
Lainnya, 90
TOP 10 COUNTRIES INVOKING TRADE REMEDIES INSTRUMENT TO INDONESIA
4
TOP 5 MOST FREQUENT PRODUCTS UNDER INVESTIGATION
STEEL (59)
TEXTILE (55)
WOODS PRODUCTS (51)
CHEMICAL (48)
INDUSTRIAL MINERAL (36)
Most Frequent:
Investigating Countries
and Targeted Products
1. Introductory Training Workshop on WTO Trade Remedies (20-22 March
2017)
2. Advanced Training Workshop on WTO Trade Remedies (17-19 July 2017)
3. ACWL Course: WTO Law, Dispute Settlement (via Directorate of
Multilateral Negotiation) (26-29 March 2019)
Training Related to Trade Remedies from TPSA
Knowledge and Skills Gained:
• WTO rules on anti-dumping
• when and how to apply and counter anti-dumping measures
• ability to identify certain regulation that contain subsidies and
potentially to be countervailed
• when and how to apply and counter safeguard measures to protect
against import surges
• how to access information of WTO jurisprudences
• how to draft constructive arguments and make better submission
Workshops on WTO Trade Remedies
Benefits, Outcomes and Impacts Gained:
• To increase staff's competency to perform legal analysis of various
cases and prepare legal submissions.
• To increase staff’s ability to handle cases in a systematic and
structured manner so that it becomes more effective and efficient.
• DPP has succeeded in terminating proceeding of anti-dumping
investigation of Non-Woven Fabrics initiated by Indian Investigation
Authorities, which is also one of the discussion topics in the TPSA
training.
Workshops on WTO Trade Remedies
Knowledge and Skills Gained:
• Directorate of Trade Defense’s staffs and other participating technical
ministries gained operational knowledge and skills on WTO Laws
• Participants have better understanding in formulating public policy that
is consistent with WTO Law
• Participants learned about dispute settlement mechanisms
ACWL Course: WTO Law, Dispute Settlement
Benefits, Outcomes and Impacts Gained:
• To increase staff’s knowledge on WTO Jurisprudences (Panel and AB
Report) in several area of WTO Laws such as TBT and SPS.
• To gain better understanding in Dispute Settlement Proceeding and
the benefit for a country for being third party in certain WTO Cases.
• Other participating ministries learned how to avoid triggering future
subsidies allegations/disputes against Indonesia via their improved
understanding of WTO rules.
ACWL Course: WTO Law, Dispute Settlement
Results of Partnership with TPSA
Positive impact to the performance of the Directorate of Trade Defense (DPP) and other related trade remedies units
Better understanding of WTO legal regulations and frameworks with Canadian best practices
Increased the DPP's ability to analyze and make submissions at each stage of the trade remedies investigations
New knowledge and skills in handling
trade remedy cases
Increase awareness how to
formulate regulations that would not
trigger subsidies’ allegations or
disputes
Indonesia was able to terminate 9
cases and 8 cases of trade remedies
in 2017 and 2018 respectively, an
increase compared to 6 cases in 2016
❖ The GOI managed to secure 19
cases/allegations against Indonesia’s
Exports in 2018.
❖ The GOI did all the best efforts to defend
the market access of Indonesian exports
both in trade remedy cases and other
trade barrier (TBT and SPS) cases,
including in DSB WTO.
The GOI stands ready to defend the market
access of Indonesian’s exports in other
countries that in turn will boost the
Indonesian economy.
SUCCESS STORIES
11
DIRECTORATE OF TRADE DEFENSE
DIRECTORATE GENERAL OF FOREIGN TRADE
MINISTRY OF TRADE
....Thank You, Canada!....
....Thank You, TPSA!....