Breadcrumb

Measures Relating to Raw Materials


Status: Pending

Subject: GATT 1994,

Respondent: Indonesia

Complainant(s): European Union,

Third Parties: Brazil, Canada, China, Japan, Korea, India, Russian Federation, Saudi Arabia, Singapore, Chinese Taipei, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States,

Dispute Number: DS592

Link to Dispute Site: https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds592_e.htm



On November 22, 2019, the European Union requested consultations with Indonesia regarding various measures concerning certain raw materials necessary for the production of stainless steel, as well as a cross-sectoral import duty exemption scheme conditional upon the use of domestic over imported goods. The request covers the following alleged measures: (a) restrictions on exports of nickel, including an actual prohibition to export; (b) domestic processing requirements for nickel, iron ore, chromium and coal; (c) domestic marketing obligations for nickel and coal products; (d) export licensing requirements for nickel; and (e) a prohibited subsidy scheme.

The European Union claimed that:

• the measures restricting the exports of certain raw materials, including those requiring domestic processing requirements, domestic marketing obligations, and export licensing requirements, appear to be inconsistent with Article XI:1 of the GATT 1994;

• the prohibited subsidy scheme appears to be inconsistent with Article 3.1(b) of the SCM Agreement; and

• the failure to promptly publish the challenged measures appears to be inconsistent with Article X:1 of the GATT 1994.

On December 6, 2019, the United States requested to join the consultations. On January 14, 2021, the European Union requested the establishment of a panel. At its meeting on January 25, 2021, the DSB deferred the establishment of a panel.

At its meeting on February 22, 2021, the DSB established a panel. Brazil, Canada, China, India, Japan, Korea, the Russian Federation, Saudi Arabia, Singapore, Chinese Taipei, Turkey, Ukraine, the United Arab Emirates, the United Kingdom, and the United States reserved their third-party rights.

On April 19, 2021, the European Union requested the Director-General to compose the panel. On April 29, 2021, the Director-General composed the panel.
 

Panel Proceedings
Brief Date Brief Description
09/21/2021 U.S. Third-Party Submission