REGULATION OF THE MINISTER OF FINANCE
No. 26/PMK.011/2010

CONCERNING
THE IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF UNCOATED WRITING AND PRINTING PAPER

BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF FINANCE,

Considering:

a. that based on provisons in Article 32 of Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensatory Surcharge, based on proposal of Indonesia Anti Dumping Committee or other related parties, imposition of Anti Dumping Import Duty can be review not less than 12 (twelve) months after stipulation of Decision/Regulation of the Minister of Finance concerning Imposition of Anti Dumping Import Duty;

b. that to imported goods of uncoated writing and printing paper get imposition of Anti Dumping Import Duty based on Decision of the Minister of Finance No. 551/KMK.01/2004 concerning Imposition of Anti Dumping Import Duty to import Uncoated Writing and Printing Paper and end of the effective period is on November 11, 2009;

c. that before end of effective period of Decision of the Minister of Finance No. 55/KMK.01/2004 concerning Imposition of Anti Dumping Import Duty for Imported of Uncoated Writing and Printing as described in b, by Announcement No. 983/KADI/X/2009 dated October 27, 2009, Indonesia Anti Dumping Commiittee since October 27, 2009 has investigated review of Anti Dumping Import Duty on import of uncoated writing and printing paper from Finland, India, Republic of Korea, and Malaysia;

d. that based on provision in Article 11 paragraph 11.3 of Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994 as ratified by Law No. 7/1994 concerning Ratification of Agreement Establishing the World Trade Organization, arranges that anti dumping import duty still can be imposed while waiting review of investigation result;

e. that based on provision as described in d and announcement to start review by Indonesia Anti Dumping Committee as described in c, Minister of Trade with Letter No. 1665/M-DAG/11/2009 dated November 16, 2009, propose to extend impositioon of Anti Dumping Import Duty on import of uncoated writing and printing paper;

f. that based on considerations as described in a, b, c, d, and e, it is necessary to stipulate Regulation of the Minister of Finance concerning Imposition of Anti Dumping Import Duty on the Import of Uncoated Writing and Printing Paper;

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;

6. Regulation of the Minister of Finance No. 236/PMK.011/2008 concerning Stipulation of Import Duty Tariff in the Framework of ASEAN-Korea Free Trade Area;

Observing:

1. Letter of the Minister of Trade No. 1665/M-DAG/11/2009 with subject Proposal to keep on valid for Imposition Anti Dumping Import Duty to imported Uncoated Writing and Printing Paper;

2. Letter of Head of Indonesia Anti Dumping Committee No. 1019/KADI/X/2009 dated October 27, 2009 concerning Report to Start Re-investigation Imposition of Anti Dumping Import Duty to imported Uncoated Writing and Printing Paper from Finland, Republic of Korea, India and Malaysia;

HAS DECIDED:

To stipulate:

THE REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF UNCOATED WRITING AND PRINTING PAPER.

Article 1

(1) On the imported Uncoated Paper and Writing Paper is subject to Anti Dumping Import Duty.

(2) Goods of Uncoated Paper and Writing Paper as described in paragraph (1) are:

• a. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, weight 40 g/m2 or more but less than 150 g/m2, in roll, except carbonising base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card, or computer paper, aluminum base paper, are in heading 4802.55.90.00;
• b. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, in piece weight 40 g/m2 or more but less than 150 g/m2 with side less than 435 mm and other side less than 297 mm in unfold condition, except carbonising base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card or computer paper, aluminum base paper, are in heading 4802.56.90.00; and
• c. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, except in roll and piece, one side more than 435 mm and other side more than 297 mm in unfold condition, weight 40 g/m2 or more but less than 150 g/m2, except carbonising base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card or computer paper, aluminum base paper, and decoration paper with water sign, granitized feld finish, fiber or blend of speck, and vellum antique finish, are in heading 4802.57.00.00.

Article 2

Origin country and goods producer/exporter 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) Imposition of Anti Dumping Import Duty as described in Article 1 is addition Import Duty that is imposed based on Most Favoured Nation (MFN) scheme or based on Common Effective Preferential Tariff (CEPT) Scheme for Producer/ Exporter from countries that has trading agreement with Indonesia.

(2) In case provisions in Common Effective Preferential Tariff Scheme is not fulfilled, 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 12 (twelve) 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 February 1, 2010
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI