REGULATION OF THE MINISTER OF FINANCE
No. 145/PMK.011/2010
CONCERNING
IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF ALUMINIUM MEAL-DISH (LACQUERED TRAY WITH OR WITHOUT LID) FROM MALAYSIA
BY GRACE OF THE ALMIGHTY GOD
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 Aluminium Meal-dish (lacquered tray with or without lid) with dumping price from Malaysia that make injury to domestic industry, so it is needed to impose Anti Dumping Import Duty on Aluminium Meal-dish (lacquered tray with or without lid) from Malaysia;
- c. that based on consideration as intended in a and b, and in the framework to implement provisions in Article 23D paragraph (2) of Law No. 10 of 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 Aluminium Meal-dish (lacquered tray with or without lid) from Malaysia
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. 20/2006, Supplement to Statute Book No. 4609);
- 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 Decree No. 56/P/2010;
Observing:
- 1. Letter of the Minister of Trade No. 701/M-DAG/SD/5/2010 dated May 21, 2010 with subject Proposal for Imposition Anti Dumping Import Duty to imported Aluminium Meal-dish from Malaysia;
- 2. Letter of General Secretary of Minister of Trade No. 686/SJ-DAG/SD/6/2010 dated June 29, 2010 concerning Proposal for Imposition Anti Dumping Import Duty to Aluminium Meal-dish from Malaysia and Polyester Stapler Fibre from India, People Republic of China and Taiwan;
- 3. Final Report of Indonesia Anti Dumping Committee for anti dumping investigation on imported Aluminium Meal-dish (HS.7612.90.90.00) lid from Malaysia.
HAS DECIDED:
To stipulate:
REGULATION OF THE MINISTER OF FINANCE CONCERNING IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF ALUMINIUM MEAL-DISH (LACQUERED TRAY WITH OR WITHOUT LID) FROM MALAYSIA
Article 1
(1) On the import of Aluminium Meal-dish (lacquered tray with or without lid) that is aluminium place used to serve flight passengers, with or without company's logo, consist of place (lacquered tray) with or without lid, heading number 7612.90.90.00, imported from Malaysia, is imposed Anti Dumping Import Duty.
(2) Goods as intended in paragraph (1) are:
| Kind of Goods |
Specification |
Size |
| Container(lacquered tray) |
a. from aluminium foil material, thickness 80-100 micron, with lacquer layer on the top; and
b. outside top surface 159 x 103 mm; |
a. bottom surface (5 micron thickness), volume capacity 335 ml.
b. inner top surface 147 x 91 mm;
c. bottom surface 140 x 84 mm; and
d. 30 mm height. |
| Closed (plain lid) |
from aluminium foil with thickness 80 - 100 micron |
a. top surface 160 x 104 mm; and
b. 9 mm height. |
Article 2
Companies who produce and/or export goods imposed by Anti Dumping Import Duty as intended in Article 1 and rate of Anti Dumping Import Duty are as follows:
| No. |
Company |
Anti Dumping Import Duty (%) |
| 1 |
Confoil (Malaysia) Sdn. Bhd |
27 |
| 2 |
Other Exporters/Companies |
27 |
Article 3
(1) Anti Dumping Import Duty as intended in Article 1 is addition Import Duty that is imposed based on Preferential Import Duty tariff scheme for producers and exporters from countries that have trading cooperation with Indonesia.
(2) In case provisions in Preferential Import Duty tariff scheme is not fulfilled, imposition of Anti Dumping Import Duty as intended in Article 1 is addition import duty imposed based on General Import Duty/Most Favoured Nation (MFN).
Article 4
Provisions of Anti Dumping Import Duty Tariff as intended 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 5 (five) years since effective date of this Regulation of the Minister of Finance as intended 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 August 27, 2010
THE MINISTER OF FINANCE
signed,
AGUS D.W. MARTOWARDOJO