Anti-subsidy or “countervailing measures” are trade instruments allowable under the WTO to protect domestic producers against unfairly subsidized imports. The WTO Agreement on Subsidies and Countervailing Measures regulate the actions that countries can take to mitigate the adverse effects of subsidized goods that are causing, or threatening to cause, material injury to domestic industries. Such trade remedy instruments are used to “level the playing field” between domestic and imported goods, they also serve as a tool by which companies can manage the global competition.

JWK has extensive experiences to assist clients in original investigations or reviews by representing them before anti-subsidy authorities in Indonesia and other parts of the world inter alia in the United States and Brazil. Examples of products successfully represented by JWK include: shrimp, monosodium glutamate (MSG), acrylic fiber and uncoated paper.

JWK can assist in all phases of anti-subsidy proceedings including:

• assisting clients in drafting anti-subsidy petitions;
• identification and quantification of subsidies;
• assisting clients in filling in the questionnaires in the proceedings;
• preparing legal correspondence during proceedings;
• assisting with verification visits;
• representing clients before public/private hearings;
• conducting negotiations on price undertakings with relevant government institutions;
• advising clients in dealing with various anti-subsidy authorities in Indonesia and abroad;
• preparing submissions on the existence of specific subsidy programs that confer benefits, subsidy rate calculation, as well as injury aspects in all stages of anti-subsidy proceedings;
• representing clients for appeals before domestic tribunals, as well as appeals to the WTO in Dispute Settlement Proceedings.