REGULATION OF THE MINISTER OF FINANCE
No. 103/PMK.010/2005

CONCERNING
IMPOSITION OF ANTI-DUMPING DUTY ON IMPORT OF PARACETAMOL

THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,

Considering:

• a. that, pursuant to Government Regulation No. 34/1996 and Decree of the Minister of Industry and Trade No.261/MPP/KEP/9/1996, PT. Riasima Abadi Farma as local producer of Paracetamol has filed a request/claim for an investigation into such product produced by companies of the People's Republic of China (RRC) and the United States, which are assumed as dumping articles;
• b. that, the request, as intendedintended in paragraph a, has met the conditions for an investigation, and the Indonesian Antidumping Committee has conducted a series of investigation processes after it has announced the start of the investigation, which is on September 2, 2003, in the mass media;
• c. that, based on the result of the investigation, as intended in paragraph b, the Indonesian Antidumping Committee positively obtained a preliminary evidence of Pareacetamol imported and sold at cheaper prices from the countries in paragraph a that harms industries producing similar product;
• d. that, based on a further investigation consisting of verification, either in the local companies or in such companies in foreign countries and giving of an opportunity to the interested party to defend themselves either by correspondence or by company specific hearing, public hearing, and access to non-confidence file, the Indonesian Antidumping Committee has come to the conclusion that it is proven that the Paracetamol imported and sold at cheaper prices from RRC and the United States has resulted in losses to domestic industries producing similar product;
• e. that, to protect of local Paracetamol from losses, as intended in paragraph d, it is necessary to stipulate Regulation of the Minister of Finance on Imposition of Antidumping Duty on Import of Parecetamol;

In view of:

• 1. Law No. 7/1994 on Ratification of Agreement Establishing The World Trade Organization (Statue Book of 1994 No. 57, Supplement to Statue Book No. 3564)
• 2. Law No. 10/1995 on Custom Affairs (Statue Book of 1995 No. 75, Supplement to Statue Book No. 3612);
• 3. Government Regulation No.34/1996 on Antidumping Duty and Compensatory Duty (Statue Book of 1996 No. 51, Supplement to Statue Book No. 3639);
• 4. Presidential Decree No. 187/M/2004;

Observing:

• 1. Decree of the Minister of Industry and Trade No. 261/MPP/KEP/9/1996 on Procedure and Conditions for Request of Investigation into Dumping Articles Containing Subsidy;
• 2. Letters of the Minister of Trade No. 100/M/II/2005 dated February 18, 2005 and No. 649/M-DAG/8/2005 dated August 11, 2005 on Proposal for Imposition of Antidumping Duty on Paracetamol Product from the United States and RRC;

HAS DECIDED:

To Stipulate:

REGULATION OF THE MINISTER OF FINANCE ON IMPOSITION OF ANTIDUMPING DUTY ON IMPORT OF PARACETAMOL.

Article 1

(1) Import of Paracetamol (HS No.2924.29.90.10) is subject to Antidumping Duty.

(2) The country of origin and name of producer/exporter of the product, as intended in paragraph (1), and the amount of the Antidumping Duty on import of the product shall be as follow:

• No. : Country of Origin : Name of Producer/Exporter : Amount of Antidumping Duty
• 1. People's Republic of China : Unqiu Lu'an Pharmaceutical Cp., Ltd : 3.76%
• Hengshui Jiheng Pharmacy Co., Ltd : 0.0%
• Rhodia Wuxi Pharmaceutical Co., Ltd : 0.0%
• Zheijang Kang Le Pharmaceutical Co., Ltd : 0.0%
• Huzhou Konch Pharmaceutical Co., Ltd : 0.0%
• Changshu Huagang Pharmaceutical co., Ltd : 0.0%
• Others 18.62%
• 2. United States : * All companies : 18.23%

Article 2

(1) The antidumping duty, as intended in Article 1, shall be imposed for 5 (five) years since the date it is stipulated.

(2) The imposition of the antidumping duty, as intended in Article 1, can be reviewed at least 12 (twelve) months after the stipulation of this Regulation.

Article 3

The Director General of Customs and Excise is instructed to implement the rules in this Regulation.

Article 4

This Regulation shall be valid from the date it is stipulated.

For public cognizance, it is order that this Minister of Finance Regulation shall be published in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On October 25, 2005
THE MINISTER OF FINANCE
Signed
JUSUF ANWAR