Kazakhstan Challenges Indonesia at WTO Over Anti-Dumping Duties
on Steel Imports
·
Dispute Initiation:
o Kazakhstan has
requested consultations
with Indonesia at the World Trade Organization.
·
Measure Under Challenge:
o Indonesia imposed 20% anti-dumping duties
on hot-rolled steel coils
from Kazakhstan.
·
Core Issue:
o Duties extended to
Kazakhstan despite it not
being part of the original anti-dumping investigation.
·
Background of Measures:
o Original duties
targeted imports from countries like China, India, Russia, etc.
o Later extended to
Kazakhstan citing customs
union/Eurasian Economic Union (EAEU) links.
·
Repeated Extensions:
o Duties extended in 2013, 2019, and 2024
through successive sunset reviews.
·
Kazakhstan’s Key Arguments:
o No evidence of dumping, injury, or circumvention
by Kazakhstan.
o Indonesia wrongly treated EAEU members as a single
market.
o Lack of transparency and disclosure of
methodology/data.
o Due process violations—Kazakh exporters not
properly notified or heard.
·
Legal Violations Alleged:
o Breach of GATT 1994 provisions
(non-discrimination, tariff commitments, transparency).
o Violations of Anti-Dumping Agreement
(no proper investigation, flawed sunset reviews, denial of due process).
o Non-compliance with WTO obligations under Marrakesh
Agreement.
·
Procedural Concerns:
o Failure to disclose essential facts and calculation methods.
o Use of “facts available” without justification.
o Limited legal recourse
under Indonesian law.
·
Trade Impact:
o Measures allegedly restrict Kazakhstan’s steel exports
and impair WTO benefits.
·
Next Step:
o Parties to enter consultations under WTO dispute
settlement mechanism; further legal action possible if
unresolved.
·
Key Insight:
o The dispute highlights
tensions over extension of
trade remedies beyond original scope and reinforces the
importance of due process
and evidence-based anti-dumping actions.
[ABS News Service/16.04.2026]
Kazakhstan has requested WTO dispute consultations
with Indonesia regarding additional ad valorem import duties on hot-rolled steel
coils originating from Kazakhstan. The request was circulated to WTO members on
15 April. This is the first time that Kazakhstan has brought a case as a complainant
to the WTO dispute settlement system.
Kazakhstan contends that the
Indonesian measures are inconsistent with various provisions of the WTO's General
Agreement on Tariffs and Trade (GATT) 1994, the Anti-Dumping Agreement, and the
Marrakesh Agreement Establishing the World Trade Organization.
The request for consultations formally
initiates a dispute in the WTO. Consultations give the parties an opportunity to
discuss the matter and to find a satisfactory solution without proceeding further
with litigation. After 60 days, if consultations have failed to resolve the dispute,
the complainant may request adjudication by a panel.