The Legal Review of the Mechanism for Determining Injury in the Imposition of Antidumping Duties on Uncoated Writing and Printing Paper in Indonesia

Abstract

The competition among business actors often leads to unfair competition, whether in the form of prices or non-prices. The practice of anti-dumping is an important issue in conducting international trade to achieve fair trade. Anti-dumping import duties are regulated in Article 19 (1) of Customs Law No.10 of 1995 that the anti-dumping import duties imposed on imported goods are at most equal to the difference between the normal value and the export price of the goods with a maximum tariff of 40% (forty percent) of the customs value. Losses only occur when the import of dumped or subsidized goods causes or threatens material injury to an established industry in a country or materially impedes the growth of the industry concerned. The provisions on anti-dumping held by several countries have a valid role in the free trade system, but not if they are misused as a tool of protectionism.

Navigating the Complexities of International Economic Law: Implications for Global Trade and Investment

“…Additionally, the unpredictability of dispute resolution outcomes can be managed by incorporating arbitration clauses that stipulate the use of arbitration institutions with a reputation for consistency and fairness, thus offering a more predictable dispute resolution pathway. By adopting these strategies, businesses can not only minimize legal risks but also turn legal uncertainty into a competitive advantage [6].…”