REGULATION OF THE MINISTER OF FINANCE
No. 89/PMK.011/2009

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

THE MINISTER OF FINANCE,

Considering:

a. that, based on temporary investigation result of Indonesia Anti Dumping Committee, there is beginning dumping evidence of Bi-Axially Oriented Polypropylene Film imported from Thailand that make injury to domestic industry.

b. that to prevent injury in investigation period, it is needed to stipulate imposition of Temporary Anti Dumping Import Duty of imported Bi-Axially Oriented Polypropylene Film from Thailand;

c. based on consideration as described in paragraph a and b, and in the framework implement provision in Article 23D 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 Imposition of Temporary 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. 20/P/2005;

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. 1712/M-DAG/12/2008 dated December 17, 2008 with subject Proposal for Imposition Temporary 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:

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

Article 1

On the imported Bi-Axially Oriented Polypropylene Film (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 Temporary Anti Dumping Import Duty and rate of Temporary Anti Dumping Import Duty as described in Article 1 are as follows:

Goods Producer/Company Name Temporary Anti Dumping Import Duty (%)
A.J. Plast Public Co. Ltd. 10%
Thai Film Industries Public Co. Ltd. 15%
Other companies 15%

Article 3

(1) Imposition of Temporary 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 Temporary 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) 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 4 (four) months 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 May 8, 2009
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI