REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE
No. P-38/BC/2009

CONCERNING
IMPLEMENTATION DIRECTION TO COLLECT SAFEGUARD MEASURES IMPORT DUTY ON THE IMPORT OF NAIL PRODUCTS

DIRECTOR GENERAL OF CUSTOMS AND EXCISE,

Considering:

• a. that in the framework to implement provisions in Regulation of the Minister of Finance No. 151/PMK.011/2009 concerning the Imposition of Safeguard Measures Import Duty on the Import of Nail Products, it is necessary to stipulate implementation direction;
• b. that based on consideration in paragraph a, it is necessary to stipulate Regulation of the Director General of Customs and Excise concerning Implementation Direction to Collect Safeguard Measures Import Duty on the Import of Nail Products;

In view of:

• 1. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
• 2. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 3. Regulation of the Minister of Trade of the Republic of Indonesia No. 37/M-DAG/PER/9/2008 concerning Certificate of Origin on the Imported Goods Subject to Safeguard Measures;
• 4. Regulation of the Minister of Finance No. 151/PMK.011/2009 concerning the Imposition of Safeguard Measures Import Duty on the Import of Nail Products;

HAS DECIDED:

To Stipulate:

REGULATION OF THE DIRECTOR GENERAL OF CUSTOMS AND EXCISE CONCERNING IMPLEMENTATION DIRECTION TO COLLECT SAFEGUARD MEASURES IMPORT DUTY ON THE IMPORT OF NAIL PRODUCTS

Article 1

The import of nail products under headings 7317.00.10.00 shall subject to Safeguard Measures Import Duty of advolarum tariff.

Article 2

The Safeguard Measures Import Duty as intended in Article 1 shall be imposed on the import from all countries, except nails produced in and imported from countries as stipulated in Attachment to the Regulation of the Minister of Finance No. 151/PMK.011/2009.

Article 3

(1) The Imposition Safeguard Measures Import Duty as described in Article 1 are:

• a. Additional to Most Favoured Nation; or
• b. Additional Preference Import Duty based on international goods trading agreement schemes for import from countries are in those international goods trading agreement schemes.

(2) In case provisions in international goods trading agreement schemes not fulfilled, imposition safeguard measures import duty as described in paragraph (1) b is additional to Most Favoured Nation.

Article 4

The import of nail products from countries excepted from the imposition of Safeguard Measures Import Duty as described in Article 2 and countries are treated special as described in Article 3 paragraph (1) b, importer shall submit Certificate of Origin.

Article 5

The Safeguard Measures Import Duty as intended in Article 1 shall be imposed for 3 (three) years under the following condition:

Article 6

On the imported goods subject to Safeguard Measures Import Duty should pay Import Duty and Tax on Import (PDRI) by using import customs notification, also should pay Safeguard Measures Import Duty and additional PDRI in relation with the imposition of Safeguard Measures Import Duty by using payment basic documents:

• a. Payment Notification Form of Safeguard Measures Import Duty as stated in Attachment I of this Regulation of the Director General, on the import of goods as intended in Article 2.
• b. Stipulation Letter of payment invoice on the import of goods as intended in Article 3 paragraph (2).

Article 7

(1) Safeguard Measures Import Duty is calculated based on customs value of Nail products as intended in Article 1 multiplying with rate in percent of Safeguard Measures Import Duty at the year of those products are imported.

(2) Additional PDRI in relation with imposition of Safeguard Measures Import Duty is calculated based on percentage of PDRI tariff multiplying with Safeguard Measures Import Duty.

Article 7

Payment of Safeguard Measures Import Duty and Additional PDRI in relation with Safeguard Measures Import Duty use Customs, Excise and Tax Payment Slip (SSPCP). Account code for Safeguard Measures Import Duty uses account code for Import Duty; and Account code for additional PDRI in relation with Safeguard Measures Import Duty uses PDRI account code.

Article 8

Head of Customs Office submits monthly report of implementation of imported goods subject to Safeguard Measures Import Duty to Director General with attention to Director of Customs Techniques by using report form as stated in Attachment I of this Regulation of the Director General.

Article 9

This Regulation of the Director General shall come into force since September 24, 2009.

Stipulated in Jakarta
on October 06, 2009
DIRECTOR GENERAL
signed,
ANWAR SUPRIJADI
NIP 120050332