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

THE MINISTER OF FINANCE,

Considering:

• a. that based on the result of an investigation conducted by the Indonesian Committee on Trade Safeguard in 2005 - first semester of 2008 period which show a surge in the import of investigated goods, thereby inflicting serious losses on the domestic industry, the Ministry of Trade through letter No. 1062/M-DAG/7/2009 proposed the imposition of safeguard measures import duty on the import of nail products with heading 7317.00.10.00;
• b. that pursuant to Article 21 of Presidential Decision No. 84/2002 concerning Efforts to Safeguard the Domestic Industry form the Impact of Import Surge, the Minister of Finance can constantly take safeguard measures in the form of import duty;
• c. that based on consideration as described in paragraph a and b, and in effort to implement provisions in Article 23 D paragraph (2) of Law No. 10/1995 concerning Customs that is amended by Law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning the Imposition of 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) that is amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
• 3. Presidential Decision No. 84/2002 concerning Efforts to Safeguard the Domestic Industry form the Impact of Import Surge (Statute Book No. 133/2002);
• 4. Presidential Decision No. 20/P/2005;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF SAFEGUARD MEASURES IMPORT DUTY ON THE IMPORT OF NAIL PRODUCTS

Article 1

The import of kind of nails under heading 7317.00.10.00 shall be subject to Safeguard Measures Import Duty.

Article 2

The Safeguard Measures Import Duty as described in Article 1 shall be imposed on the import of nail products from all countries, except nail produced in and imported from countries as described in Attachment to this Regulation of the Minister of Finance which is an integral part of this Regulation of the Minister of Finance.

Article 3

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

• a. Additional to Most Favored Nation; or
• b. Additional Preference Import Duty based on international goods trading agreement schemes for import from contries 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 Favored 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 described in Article 1 shall be imposed for 3 (three) years under the following condition:

Article 6

Import duty tariff as described in Article 5 shall be fully be applicable to the import of goods whose customs notification documents have obtained registration number from the customs office at the port of entry since this Regulation of the Minister of Finance takes effect.

Article 7

1. This Regulation of the Minister of Finance shall come into force as from the date of promulgation.

2. This Regulation of the Minister of Finance shall be valid for 3 (three) years since this Regulation of the Minister of Finance is put into force as described in point 1.

For public cognizance, this Regulation of the Minister of Finance shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on September 24, 2009
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI