CIRCULAR OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. SE-01/BC/2007
CONCERNING
TECHNICAL DIRECTIVES FOR STIPULATION OF RETAIL PRICES OF TOBACCO PRODUCTS, ADDITION TO POSTPONEMENT CEILING OF PAYMENT OF EXCISE ON ORDER OF EXCISE TAPES OF TOBACCO PRODUCTS AND DEADLINE OF AFFIXING AND SORTING OF EXCISE TAPES
DIRECTOR GENERAL OF CUSTOMS AND EXCISE,
To :
- 1. Head Area of Directorate General of Customs and Excise; and
- 2. Head Service of Custom and Excise
- in all Indonesia area
Following the stipulation of Regulation of the Minister of Finance No. 118/PMK.04/2006 on the Second Amendment to Regulation of the Minister of Finance No. 43/PMK.04/2005 regarding stipulation of Cost Price and Tariffs of Tobacco Products, Regulation of the Director General of Customs and Excise No. P-24/BC/2006 on the Second Amendment to Regulation of the Director General of Customs and Excise No. 04/BC/2005 on Procedures for Stipulating Retail Prices of Tobacco Products and Decision of the Director General of Customs and Excise No. KEP-127/BC/2006 on Addition to Postponement Ceiling of Payment of Excise on Order of Excise Tapes of Tobacco Products, it is deemed necessary to provide the following matters:
A. calculation and stipulation of Increase in Retail Price.
1. Starting from March 1, 2007, Retail Prices (HJE) of all tobacco products still effective (for domestic sales or export) must be increased by 7 % (seventh percent) per cigarette or gram.
2. in the case of result of calculation of the increased HJE remaining below the minimum HJE as stipulated in Attachment I to Regulation of the Minister of Finance No. 118/PMK.04/2006, the stipulated HJE must be adjusted to the minimum HJE as set forth in Attachment I to Regulation of the Minister of Finance No. 118/PMK.04/2006.
Calculation of increase in HJE:
New HJE: {(HJE per package divided by Content per package) multiplied by 107%} multiplied by content per package. Result of calculation per package is rounded up in a fraction of Rp 50.00 (fifty rupiahs).
For example :
- a. brand "A" belonging to manually rolled clove flavored cigarette (SKT) with content of 12 cigarettes per package constitutes a product of Manufacturer of Category I so that the calculation is as follows:
- the prevailing HJE is Rp 7.500 or Rp 625 per cigarette. Starting from March 1, HJE is increase by 7% per cigarette to Rp 668.75 or Rp 8.025 per package, rounded up to Rp 8.050 per package.
- b. Brand "B" belonging to mechanically role pure tobacco cigarette (SPM) with content o 20 cigarettes per package constitutes a product of Manufacturer of Category I so that the calculation is as follows:
- The prevailing HJE is Rp 8.200,00 or Rp 410,00 per cigarette. Starting from March 1, 2007 the prevailing HJE is increased by 7% per cigarette to Rp 438.70 or Rp 8.774.00 per package, rounded up to Rp 8.800 per package.
- c. Brand " C" belonging to sliced tobacco (TIS) with content of 100 grams per package constitutes a product of Manufacturer of Category III /B so that the calculation is as follows:
- - the prevailing HJE is Rp 3.500 or Rp 55 per gram. Starting from March 1, HJE is increased by 7% per gram to Rp 37.45 or Rp 3.745,00 per package by 100 gram, rounded up to Rp 8.050 per package.
- - pursuant to attachment I to Regulation of the Minister of Finance No. 118/PMK.04/2006 , minimum HJE of TIS belonging to category iii/b IS Rp 40 per gram.
- - since HJE remains below the minimum HJE, the stipulated HJE is minimum HJE multiplied by content of package, namely Rp 40 x 100 = Rp 4.000 per package of 100 grams.
3. pursuant to article 11 of Regulation of the Director General of customs and excise No. 07/BC/2005, heads of customs and excise service offices promptly stipulates the increase in HJE as described in paragraphs 1 and 2 by issuing a decision of stipulation of the increase in HJE without application from manufacturers/ importers of tobacco products with the provision that the stipulation of the increase in HJE comes into force as from March 1, 2007.
4. The decision of stipulation of the increase in HJE as described in paragraph 3 must be issued in not later than January 31, 2007.
B. Stipulation of HJE of New Brand of Tobacco Products stipulation of HJE of new brands of tobacco products for all kinds of tobacco products;
a. starting form march 1, 2007, HJE MAY not be lower than the minimum HJE as stipulated in attachment I to regulation of the minister of finance No. 118/PMK.04/2006;
b. HJE may not be owned than HJE per cigarette or gram of the same tobacco products and owned by manufacturers/ importers of the said tobacco products still effective.
For example:
Manufacture "PR.AB" belonging to Category II has stipulation of the lowest HJE as much as Rp 5.100 per package of SKT consisting of 12 cigarettes. In the calculation of HJE per cigarette, HJE of SKT belonging to "PR.AB" is Rp 425 per cigarette (Rp 5.100 : 12). In the case of the manufacture planning to submit HJE of new brand of SKT, the minimum HJE is:
- Rp 5.100 (425x12) per package containing 12 cigarettes; or
- Rp 4.250 (452x10) per package containing 10 cigarettes.
C. Addition to Postponement Ceiling of Payment of excise on order of excise tapes of tobacco products
1. To all approval of postponement which had already given to manufacturers/ importers of tobacco products, which remains effective, the postponement ceiling:
- a. starting from march 1. 2007, is supplement as high as 7 (seven percent) of the total postponement ceiling of payment of excise on order of excise tapes of tobacco products which had already been given.
- b. starting from July 1, 2007, is supplemented more 5% (five percent) of the total postponement ceiling of payment of excise on order of excise tapes of tobacco products already given.
2. the addition to the postponement ceiling as intended in paragraph 1 sub-paragraph b is only given to tobacco-product manufacturers/importers producing SKM, SPM or SKT.
3. The addition to postponement ceiling as described in paragraph 1 is given automatically (without application and decision) and directly supplemented to balance of postponement recording book by giving a note "Balance of Postponement is supplemented in accordance with decision of the director general of customs and excise No. KEP-127/BC/2006".
4. Following the provision of addition to the postponement ceiling as described in paragraph 1, validity period of decision on granting of postponement of payment of excise already given remains unchanged.
For example:
- a. Manufacture " PR.BC" produces SPM and TIS and accordance with Decision on granting of Postponement of payment of Excise on December 29, 2006 secures approval of postponement of payment of excise, which is effective as from December 29, 2006 to December 28, 2007 with the postponement ceiling amounting to Rp 54.339.120.000 (fifty four billion three hundred thirty nine million and one hundred twenty rupiahs);
- 1) starting form March 1, 2007, the postponement ceiling is supplemented as much as Rp 53.339.120.000 x 7% = Rp 3.803.738.400
- so that the total postponement ceiling is : Rp 54.339.120.000 + 3.803.738.400 = Rp 56.142.858.400 .
- 2) Starting from July 1, 2007, the postponement ceiling is supplemented more : Rp 58.142.858.40 x 5% = Rp 2.907.142.920
- so that the total postponement ceiling is Rp 58.142.858.400 + Rp 2.907.142.920 = Rp 61.050.001.320.
- 3) The addition to the postponement ceiling as intended in paragraphs 1) and 2) is given automatically and supplemented directly to balance of postponement recording book:
- a) starting form march 1, 2007, the postponement balance in the postponement recording book of Manufacture "PR.BC" is supplemented by Rp. 3.803.738.400.
- b) starting from July 1, 2007, the postponement balance in the postponement recording book of Manufacture "PR.BC" is supplemented by Rp 2.907.142.920.
- 4) validity period of Decision on Granting of the postponement of payment of excise for Manufacture "PR.BC" still starts from December 29, 2006 to December 28, 2007.
- b. Manufacture " PR.CD" produces SKM and KLB and in accordance with Decision on Granting of Postponement of payment of excise on April 4, 2007 secures approval of postponement of payment of excise, which is effective as from April 4, 2007 to April 3, 2008 with the postponement ceiling amounting to Rp 54.339.120.000 (fifty four three hundred thirty nine billion one hundred and twenty thousand rupiahs) :
- 1) Starting from March 1, 2007, the postponement ceiling is supplemented as much as Rp 54.339.120.000 x 5% : Rp 2.716.956.000
- so that the total postponement ceiling is : Rp 54.339.120.000 + 2.716.956.000 = Rp 57.-56.076.000,-.
- 2) the addition to postponement ceiling as described in paragraph 1) is given automatically and supplemented directly to balance of the postponement recording book .
- starting from July 1, 2007 the balance of postponement recording book of manufacturer "PR.CE" is supplemented by Rp 2.907.142.920,-.
- 3) Validity period of Decision on granting of the postponement of payment of excise for manufacture "PR.CD" still starts from April 4,2007 to April 3, 2008.
- c. Manufacture "PR.DE" only produces TIS and in accordance with Decision on Granting of Postponement of Payment of Excise on December 29, 2006 secures approval of postponement of payment of excise, which is effective as from December 29, 2006 to December 28, 2007 with the postponement ceiling amounting to Rp 54.339.120.000 (fifty four three hundred thirty nine billion one hundred and twenty thousand rupiahs) :
- 1) starting from march 1, 2007 , the postponement ceiling is supplemented as much as Rp 54.339.120.000 x 7% = Rp 3.803.738.400
- so that the total postponement ceiling is : Rp 54.339.120.000 + Rp 3.803.738.400 = Rp 56.142.858.400.
- 2) On July 1, 2007, the postponement ceiling is not supplemented because it does not produce SKM, SPM or SKT.
- 3) The addition to the postponement ceiling as described in paragraph 1) is given automatically and supplemented directly to balance of postponement recording book:
- starting from March 1, 2007 the postponement balance in the postponement recording book of manufacturer "PR.CD" is supplemented BY Rp 3. 803.738.400.
- 4) Validity period of Decision on granting of the postponement of payment of excise for manufacture "PR.CD" still starts from December 29, 2006 to December 28, 2007.
- d. Manufacture "PR.EF" produces SKM and SKT and in accordance wit Decision on Granting of Postponement of payment of Excise on March 4, 2006 secures approval of postponement of payment of excise, which is effective as from March 4, 2006 to march 3, 2007 with the postponement ceiling amounting to Rp 54.339.120.000 (fifty four billion three hundred thirty nine million and one hundred twenty rupiahs) :
- 1) starting from march 1, 2007, the postponement ceiling is supplemented as much as Rp 54.339.120.000 x 7% = Rp 3.803.738.400
- so that the total postponement ceiling is : Rp 54.339.120.000 + Rp 3.803.738.400 = Rp 56.142.858.400
- 2) The addition to the postponement ceiling as described in paragraphs 1) and 2) is given automatically and supplemented directly to balance of postponement recording book: starting from March 1, 2007, the postponement balance in the postponement recording book of Manufacture "PR.EF" is supplemented by Rp 3.803.738.400.
- 3) Validity period of Decision on granting of the postponement of payment of excise for manufacture "PR.EF" still starts from march 4, 2006 to March 3, 2007.
D. Deadline of Affixing and Sorting of Excise Tape
1. Excise Tape 2006
- a. Deadline of affixing of excise tape 2006 is not later than January 30, 2007.
- b. sorting of remainder of excise tapes 2006, which have not been affixed until the deadline of affixing as intended in a above is done by Customs and Excise Service Office in not later than February 9, 2007 and Excise tape sorting protocol (BACK-1) is made.
- c. BACK-1 as described in b above must be sent from customs and Excise Service Office to the Directorate of Excise with the attention to The Excise tape sub Directorate in not later tan February 14, 2007.
- d. The remainder of excise tapes 2006, which have not been affixed up to the deadline of affixing must be returned to Customs and Excise Service Offices in not later than March 1, 2007. In the case of the excise tapes being returned after elapsing the deadline, restitution for excise is not given.
2. Excise Tapes Ordered on the Basis of CK-1 January to February 2007 :
- a. Deadline of affixing of excise tapes ordered on the basis of CK-1 January to February 2007 is not later than April 9, 2007.
- b. sorting of reminder of excise tapes ordered o the basis of CK-1 January to February 2007, which have not been affixed until the deadline of affixing as intended in a above, is done by customs and Excise service offices in not later than April 19, 2007 and excise tape sorting protocol (BACK-1) is made
- c. BACK-1 as described in b above must be sent from customs and Excise Service Office to the Directorate of Excise with the attention to The Excise tape sub Directorate in not later than April 24, 2007.
- d. The remainder of excise tapes ordered on the basis of CK-1 January – February 2007, which has not been affixed up to the deadline of affixing must be returned to Customs and Excise Service Offices in not later than June 9, 2007. In the case of the excise tapes being returned after elapsing the deadline, restitution for excise is not given.
E. Miscellany
1. In article I paragraph 2 of regulation of the Director General of Customs and Excise No. P-24/BC/2006, referred to as "Attachment IX to this regulation " is Attachment IX to Regulation of the director General of Customs and Excise No. 07/BC/2005, which had already been changed into attachment V to Regulation of the Director General of Custom and Excise No. P-24/BC/2006.
2. Therefore, Attachment V to Regulation of the Director of Custom and Excise No. p-24/BC/2006 reads Attachment IX to Regulation of the Director General of Customs and Excise No. P-07/BC/2005.
3. Stipulation of HJE referring to Regulation of the minister of finance No. 118/PMK.04/2006, which had already been stipulated by Heads of Custom and Excise service Offices before the issuance of Regulation of the Director of Custom and Excise NO. P-24/BC/2006 must be revoked and the increase in HJE is re-stipulated.
4. Imposition of specific tariff of excise on SKM, SPM and SKT in force, starting from July 1, 2007 does not require tobacco product manufacturers/ importers for increasing retail price.
5. In connection with the imposition of specific tariff of excise as mean in paragraph 3, format of document of excise tape order (CK-1) will be adjusted.
6. Heads of Customs and Excise Service Offices are obliged to observe the deadline of affixing and sorting of excise tape as intended in sub-paragraph D as well as to supervise the implementation.
7. Heads of Regional Offices of the Directorate General of Custom and Excise are obliged to supervise and monitor the implementation of the provisions as intended in this circular.
This is theimplementation in a full sense of responsibility.
Stipulated in Jakarta
On January 16, 2007
THE DIRECTORATE GENERAL
Signed
ANWAR SUPRIJADJI
NIP 120050332
Cc :
- 1. The Secretary to the Directorate General of Customs and Excise;
- 2. directors within the Directorate General of Custom and Excise.