( ) Page: 1/6 NOTIFICATION OF A PROPOSAL TO EXTEND A MEASURE INDONESIA. Supplement. (I and H Sections of Other Alloy Steel)

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1 G/SG/N/8/DN/17/Suppl.2 G/SG/N/10/DN/17/Suppl.2 25 October 2017 ( ) Page: 1/6 Committee on Safeguards Original: English NOTFCATON UNDER ARTCLE 12.1(B) OF THE AGREEMENT ON SAFEGUARDS ON FNDNG A SEROUS NJURY OR THREAT THEREOF CAUSED BY NCREASED MPORTS NOTFCATON OF A PROPOSAL TO EXTEND A MEASURE NDONESA Supplement ( and H Sections of Other Alloy Steel) The following communication, dated 19 October 2017, is being circulated at the request of the Delegation of ndonesia Pursuant to Article 7.2 and Article 12.1(b) of the WTO Agreement on Safeguards, the Government of the Republic of ndonesia hereinafter referred as "GO", hereby notifies the Committee on Safeguards on the investigation findings concerning the extension of safeguard measure against the importation of " and H Sections of Other Alloy Steel" under HS. Code Ex and Ex A. GENERAL BACKGROUND 1. On 20 July 2017, The KPP hereinafter referred as the "nvestigating Authority", received an application from PT. Gunung Garuda, hereinafter referred as the "Applicant", to conduct an investigation for the extension of the imposition of safeguard measure on imports of Subject Goods product based on the claim that the imposition of the safeguard measure is still necessary for the domestic industries to remedy the serious injury suffered by the Applicant. Other known domestic industry, PT. Krakatau Wajatama, through a letter number 098/DU-KW/V/2017 stating that they are fully support the application of the extension of safeguard measure so the domestic industry not suffered further injury. The nvestigating Authority initiated a safeguard investigation against importation of Subject Goods on 18 August 2017 (as announced in "Bisnis ndonesia" daily newspaper), and was notified to the WTO which had been circulated on 25 August 2017 (G/SG/N/6/DN/25/Suppl.2). 2. Major Proportion The total production of the Applicant is 92% from total domestic production, representing a major proportion of the total domestic production of the Subject Goods in ndonesia. 3. Evidence and Views by nterested Parties Pursuant to Article 3.1 WTO Agreement on Safeguards, The nvestigating Authority has held a hearing on 19 September 2017 where the interested parties may directly submit evidences and views related to the investigation.

2 The WTO document referring to the notification of initial application of the measure G/SG/N/8/DN/17-G/SG/N/10/DN/17 5. Precise description of the product involved 5.1. Section with a height or a width of 100 mm up to 600 mm, and H Section with height 100 mm up to 350 mm, of other alloy steel, not further worked than hot-rolled, hot-drawn, or extruded, under HS. Code ex ; and 5.2. Section with a height or a width of 100 mm up to 600 mm, and H Section with height 100 mm up to 350 mm, of other alloy steel, hot-rolled, hot-drawn, or extruded, and further worked, under HS. Code ex of nvestigation The period of investigation is May 2014 April 2017 B. NOTFCATON UNDER ARTCLE 12.1(B) OF THE AGREEMENT ON SAFEGUARDS ON FNDNG A SEROUS NJURY OR THREAT THEREOF CAUSED BY NCREASED MPORTS 1. nformation on absolute increase in imports Table 1: Volume of mports (May 2014-April 2015) (May 2015-April 2016) (May 2016-April 2017) Quantity (Ton) Changes (%) (64) 24 Source: ndonesian Statistic. As shown in Table 1, it is verified that the volume of imports decreased by 64% in period (May 2015-April 2016) compared to the previous period. However, in period (May 2016-April 2017) there is an increase by 24% compared to the previous period. 2. nformation on imports relative to the domestic production Table 2: Volume of mports and Domestic Production Unit (May (May (May April 2015) April 2016) April 2017) Volume of mports Ton Domestic Production ndex mports Relative to Domestic Production ndex Source: ndonesian Statistic, Verification Result, and processed. As determined in Table 2, the imports relative to the domestic production decreased in period (May April 2016) after the imposition of safeguard measures by (68) index points. However, in period (May 2016-April 2017) compared to the previous period, the imports relative to the domestic production has increased by 8 index points.

3 Evidence of serious injury or threat thereof caused by increased imports The nvestigating Authority examined all data and information available based on the actual condition of the domestic industry. n addition, the nvestigating Authority also conducted on-site verifications to the domestic industry. The following table 3 and table 4, contained data and information on the situation of the domestic industry, which is provided in indices. Table 3. The Applicant's ndicators of njury Unit (May (May (May April 2015) April 2016) April 2017) Production ndex Domestic Sales ndex Profit/Loss ndex (100) Production Capacity ndex Utilization Capacity ndex Labour ndex Productivity ndex nventory ndex Source: Verification result Production Volume From the period (May 2014-April 2015) to the period (May 2015-April 2016) the production volume increased by 11 index points, meanwhile in the period (May 2016-April 2017) the production volume decreased by 3 index points. Although the trend of production volume increased by 4% from the period until period but in the last period, the volume of production decreased by 3 index points Domestic Sales Volume From the period (May 2014-April 2015) to the period (May 2015-April 2016) the domestic sales volume increased by 11 index points, meanwhile in the period (May 2016-April 2017) the domestic sales volume decreased by 3 index points. Although the trend of domestic sales volume increased by 4% from the period until period but in the last period, domestic sales volume decreased by 3 index points Profit/Loss As stipulated at table 3 above, the Applicant suffered financial losses in the period, while in the period the Applicant improved their profit along with the imposition of safeguard measures, causing an increase of sales and production volume. Moreover, in the period the Applicant's profitability decreased by 53 index points, in line with the decreasing volume of production and volume of sales in the same period Production Capacity During the investigation period, the Applicant did not increase their capacity production. However, as the Applicant's commitment of structural adjustment in the production process, the Applicant has already purchased and installing a beam blank caster machine in order to reducing a production failure and increasing output quality Capacity Utilization From the period (May 2014-April 2015) to the period (May 2015-April 2016) the capacity utilization increased by 11 index points, meanwhile in the period (May 2016-April 2017) the capacity utilization decreased by 3 index points. Although the trend of the capacity utilization increased by 4 percent from the period until period, but in the last period the capacity utilization decreased by 3 index points.

4 Labour and Productivity From the period (May 2014-April 2015) to the period (May 2015-April 2016) the labour increased by 5 index points, meanwhile in the period (May 2016-April 2017) the labour decreased by 5 index points. Although the trend of the capacity utilization remains steady from the period until period but in the last period the labour decreased by 4 percent. The decline in the last period is because of retirement with no replacement, which these conditions resulting an increase of productivity in each period nventory During the period of investigation, inventory increased each period with the trend of 4% due to the production machine that must keep running to producing a multiple size of & H section product in order to minimize production cost, even though there is a buffer stock. Table 4. Market Share of the mports, Market Share of The Applicant and The Supporter Unit (May (May (May April 2015) April 2016) April 2017) Market Share of the mports ndex Market Share of the Applicant and the Supporter ndex Source: Verification result and processed Based on table 4 above, the market share of Applicant and the Supporter decreased by 3 index points from period to period, meanwhile the market share of import increased by 9 index points at the same period. 4. Evidence that the Applicant's is adjusting During the imposition of the initial safeguard measure the Applicant's has undertaken the following adjustment programs: 4.1. Reducing Cost a. nventory Due to the large number of requests for & H Section products of a certain size where the product is not in stock, the production volume is increasing. Therefore the purpose of reducing the warehouse cost is still not optimal due to the inventory that actually increased in each period. b. Franco Method The Applicant selling their product with the Franco method, in which the Applicant delivers the product of and H Section with the truck to the factory (send to the buyer's warehouse/project location), so the purchasing cost is cheaper. Franco's method allows buyers to make purchasing decisions faster and choose the Applicant as their supplier of and H Section products. Franco method succeeded in increasing the number of buyers, but the increasing sales volume has not been optimized. This is because the number of buyers in small tonnage increased compared to the buyers with large tonnage. c. Cut to Length Method The Applicant has made a sale with the cut-to-length method, in which the Applicant makes a sale, according to the specified length requested by the buyer (Customized Length). This method successfully increased the number of small buyers, but the sales volume is not significantly increasing.

5 - 5 - d. New Marketing Office The branch office in Jakarta has been renovated and has been revamped from a merely administrative place to a marketing office. e. Discount Sales The Applicant has given discount since 10 February 2015 to 20 March 2017 for and H Section products. The purpose of the discount is for the buyer to make transactions continuously in large numbers. However, because of the Applicant's selling price after being given a discount is still higher than the import price, then the Applicant does not continue the discount program ncreasing Production: a. Reinforcing Production Labour Even though the Applicant is still in threat of serious injury, the Applicant doesn't terminate their employment or dismissing their production workforce. b. Maximizing All Production Lines The applicant has maximizing all production lines and increase the production capacity of beam blank machine with the installation of new beam blank caster machine in 2015, but not yet optimal because it ready to be used in April c. Purchasing and nstalling Blasting Furnace Machine The demand of the Applicant's & H Section product during the period to the period is still below target so that the applicant cannot invest in the blast furnace machine to increase the capacity and efficiency of production. However, the Applicant keep trying to improve production efficiency by investing new beam blank caster machine that ready to use in April 2017, but the impact still cannot be measurable on the performance of the company. Therefore, the Applicant still needs additional time to be able to do structural adjustments to reducing production costs in order to compete with imported products. 5. Evidence That Safeguard Measure is Still Necessary to Prevent or Remedy Serious njury or Threat of Serious njury Caused By mports Based on point B.1 to B.4, it can be concluded that: 5.1. Although safeguards measure has been imposed on the Subject Goods, yet the import volume is still increasing in the last period in absolute and relative term and the nvestigating Authority believes that import volume will increase significantly if safeguard measure is not extended The Applicant's indicators of injury indicated that there was a recovery process from serious injury which can be seen from the performance improvement in to. However, as the volume of imports increased in period to period, the Performance of the Applicant suffered a threat of serious injury as evidenced by the decline in profits, production volume, sales volume, capacity utilization, labor, and increased inventory volume. f the safeguard measure is not extended, the nvestigating Authority believes that the performance of the Applicant that is currently in threat of serious injury will return to serious injury The Applicant has made several structural adjustments, but the applicant still needs additional time to complete the structural adjustment optimally. n addition, the Applicant is also committed to doing additional structural adjustments if safeguard measure is extended. This is necessary so that the Applicant can be more ready to compete with imported goods in the future.

6 Although the Applicant was able to recapture their market share in, this increase in market share proved to be temporary because in the the Applicant's market share has eroded by the increased share of imports in the same period Based on 5.1 to 5.4, during the period of investigation, it has been proved that there is a causal link between the increases in import of the Subject Goods with the threat of serious injury suffered by the Applicant. Therefore, the nvestigating Authority concludes that if the imposition of safeguard measure ends there will be an increase in import volume of the Subject Goods, which will hamper the recovery of the Applicant's performance. This situation resulting that the Applicant will suffer serious injury again. C. RECOMMENDATON OF THE AMOUNT AND PEROD OF THE MPOSTON OF SAFEGUARD MEASURE Based on point B above, and referring to the previous imposition, the nvestigating Authority proposed to extend the imposition of the Safeguard Measure to imports of Product Under nvestigation with the recommendation of the Safeguard Duty as follows: Table 5. Recommendation of the Safeguard Duty Safeguard Duty Year % Year % Year % D. CONSULTATON Referring to Article 12.3 WTO AoS, the Government of ndonesia provides the opportunity for consultation to Members with substantial interest i.e. the exporting country of Product Under nvestigation. Consultation will be held within 14 days after the circulation of this notification. Members having substantial interest, in requesting for consultation shall notify nvestigating Authority at the latest 7 days after the circulation of this notification. THE NDONESAN SAFEGUARDS COMMTTEE (KomitePengamananPerdagangan ndonesia/kpp) Jl. M.. RidwanRais No. 5, Building, 5 th floor, Jakarta Telephone / Facsimile: (62-21) kppi@kemendag.go.id