REGULATION OF THE MINISTER OF FINANCE
No. 183/PMK.011/2009

CONCERNING
IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF BI-AXIALLY ORIENTED POLYPROPYLENE FILM FROM THAILAND

THE MINISTER OF FINANCE,

Considering:

• a. that, based on provisions in Article 2 of Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensatory Surcharge, importing goods can be charged Import Duty and can be charged Anti Dumping Import Duty in case those goods price is cheaper that their normal price and those import make injury to domestic industry that produces same kind of goods;
• b. that based on investigation result of Indonesia Anti Dumping Committee, there is evidence of imported Hi-Axially Oriented Polypropylene Film with dumping price from Thailand that make injury to domestic industry, so it is needed to impose Anti Dumping Import Duty on Hi-Axially Oriented Polypropylene Film from Thailand;
• c. that based on consideration as described in a and b, and in the framework to implement provisions in Article 23D paragraph (2) of Law No. 10/1995 concerning Customs as amended by law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning Imposition of Anti Dumping Import Duty on the Import of Bi-Axially Oriented Polypropylene Film from Thailand.

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) that is amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 3. Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensatory Surcharge (Statute Book No. 51/1996, Supplement to Statute Book No. 3539);
• 4. Presidential Decision No. 84/P/2009;
• 5. Regulation of the Minister of Finance No. 125/PMK.010/2006 concerning Stipulation of Import Duty Tariff of Imported Goods in the Common Effective Preferential Tariff (CEPT) Scheme;

Observing:

• 1. Letter of the Minister of Trade No. 1322/M-DAG/9/2009 dated September 8, 2009 with subject Proposal for Imposition Anti Dumping Import Duty to imported Bi-Axially Oriented Polypropylene Film from Thailand;
• 2. Admission Report of Indonesia Anti Dumping Committee for anti dumping investigation on imported Bi-Axially Oriented Polypropylene Film from Thailand.

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF BI-AXIALLY ORIENTED POLYPROPYLENE FILM FROM THAILAND

Article 1

On the imported Bi-Axially Oriented Polypropylene (BOPP) Film non cellular and not strengthen kind, not laminated, not be supported or not be combined with such way with other material, thickness 20-40 micron, with Tariff Post 3920.20.00.10, from Thailand, is subject to Temporary Anti Dumping Import Duty.

Article 2

Goods producer/company name who is subject to Anti Dumping Import Duty and rate of Anti Dumping Import Duty as described in Article 1 are as follows:

Article 3

(1) Anti Dumping Import Duty as described in Article 1 is addition Import Duty that is imposed based on Common Effective Preferential Tariff (CEPT) Scheme.

(2) In case provisions in Common Effective Preferential Tariff (CEPT) Scheme is not fulfilled, imposition of Anti Dumping Import Duty as described in Article 1 is addition of Most Favoured Nation (MFN).

Article 4

Provisions of Anti Dumping Import Duty Tariff as described in Article 2, shall apply to the import of goods whose import customs notification has secured Registration Number from the Customs Office at the port of entry since effective date of this Regulation of the Minister of Finance.

Article 5

(1) Bi-Axially Oriented Polypropylene (BOPP) Film that is imposed Temporary Anti Dumping Import Duty with tariff and period as stipulated in Regulation of the Minister of Finance No. 89/PMK.011/2009 concerning Imposition Temporary Anti Dumping Import Duty on the Import of Bi-Axially Oriented Polypropylene Film from Thailand, based on this Regulation of the Minister of Finance become imposed Anti Dumping Import Duty with tariff as described in Article 2.

(2) More payment of Temporary Anti Dumping Import Duty caused by imposition Anti Dumping Import Duty as described in paragraph (1), can be returned follow effective regulations.

Article 6

(1) This Regulation of the Minister of Finance shall come into force from the date of stipulation.

(2) This Regulation of the Minister of Finance effective for 3 (three) years since effective date of this Regulation of the Minister of Finance as described in paragraph (1).

For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On November 16, 2009
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI