Rhee, Jin-Woo. "A Study on Indonesia Safeguard Regulations: Focused on the KPPI’s Galvalume Safeguard Decision." Han Yang Law Review 31, no. 3 (2020): 79-101. https://doi.org/10.35227/HYLR.2020.08.31.3.79 .
-Abstact-
here are two main characteristics in Indonesia Safeguard Regulations. First, the WTO Safeguard Agreement directly applies to the Komite Pengamanan Perdagangan Indonesia(KPPI)"s decision. In addition, the Indonesia Safeguard Regulations can be advantageously applied to the exporting country ; the applicant must submit the evidence when applying for the Safeguard Investigation, the KPPI must notify for interesting parties to initiate the Safeguard Investigation, the KPPI has discretion whether to trigger the Safeguard Measures and the Review should be started within three years of the Safeguard Measures.
In the Galvalume Safeguard Measures, KPPI did not adequately prove the Unforeseen Development, and in the Review, it did not meet the Safeguard requirements under the WTO Safeguard Agreement. In order to deal with the Safeguard Measures, WTO members should bring the case to the WTO Dispute Settlement Body to challenge the KPPI’s decision. In addition, it is necessary to actively argue that the Safeguard Measures can adversely affect the national economy during the Safeguard Investigation. This argument should be delivered to the KPPI in connection with domestic importers as third-parties. This paper provides the legal basis for the strategy to be implemented consistently with WTO Safeguard Agreement and Indonesia Safeguard Regulations.