REGULATION OF THE MINISTER OF TRADE
No. 08/M-DAG/PER/2/2009
CONCERNING
PROVISION ON THE IMPORT OF IRON OR STEEL
BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:
- a. that in order to support the creation of fair domestic trade and market as well as preserve conducive business climate;
- b. that in order to create conducive business climate and administrative order in the field of the import of iron or steel, it is necessary to stipulate provision on the Import of iron or steel;
- c. that based on the considerations as described in a and b, it is necessary to stipulate a Regulation of the Minister of Trade;
In view of:
- 1. Trade Law of 1934 {Statute Book 1938 No. 86/1938);
- 2. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
- 3. Law of the Republic of Indonesia No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
- 4. Law No. 10/1995 concerning Customs (Statute Book of 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);
- 5. Government Regulation No. 102/2000 concerning National Standardization (Statute Book No. 199/2000) Supplement to Statute Book No. 4020);
- 6. Presidential Decision No. 260/1967 concerning Affirmation of Tasks and Responsibility of the Minister of Trade in the Foreign Trade Sector;
- 7. Presidential Decision No. 187/M/2004 concerning the Establishment of United Indonesia Cabinet that is amended several times and the latest by Presidential Decision No. 171/M/2005;
- 8. Presidential Regulation No. 9/2005 concerning Status, Tasks, Functions, Organizational structures and Working Arrangements of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 20/2008;
- 9. Presidential Regulation No. 10/2005 concerning First Echelon Organizational Units and Tasks of State Ministries of the Republic of Indonesia that is amended several times and the latest by Presidential Regulation No. 21/2008;
- 10. Minister of Industry and Trade Decision No. 229/MPP/Kep/7/1997 concerning General Provisions in Import;
- 11. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organization and Working Arrangement of the Ministry of Trade that is amended several times and the latest by Regulation of the Minister of Trade No. 34/M-DAG/PER/8/2007;
- 12. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identity Number (API);
HAS DECIDED:
To stipulate:
THE REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISION ON THE IMPORT OF IRON OR STEEL
Article 1
In this regulation:
- 1. "Iron or Steel" refers to iron or steel products resulting from the melting process and worked further through hot rolling or cold rolling.
- 2. "Producer Importer of Iron or Steel" hereinafter called IP of Iron or Steel refers to an iron or steel producer or producer company using iron or steel products that secures recognition from the Director General on behalf of the Minister and approved to import directly iron or steel products solely designated to the production need of the said producer.
- 3. "Approved Importer of Iron or Steel" hereinafter called IT of Iron or Steel refers to a company stipulated by the Director General on behalf of the Minister to import iron or steel products to be distributed to producer companies which are not IP of Iron or Steel.
- 4. "Technical verification" or inquiry into import refers to technical inspection of iron or steel products at loading port of goods by surveyor.
- 5. "Surveyor" refers to a company authorized to verify or inquire technically imported goods.
- 6. "Minister" refers to the Minister of Trade.
- 7. "Director General" refers to the Director General of Foreign Trade of the Ministry of Trade.
Article 2
(1) Iron or steel may only be imported by IP of Iron or Steel or IT of Iron or Steel.
(2) The iron or steel as described in paragraph (1) shall be contained in Attachment I, which constitutes a part inseparable from this regulation.
Article 3
(1) In order to secure recognition as IP of Iron or Steel or stipulation of IT of Iron or Steel as described in Article 2 paragraph (1), every company shall submit application to' the Director General by enclosing the following documents:
- a. Importer Identity Number (API):
- 1) Producer Importer Identity Number/Limited Importer Identity Number (API-P/API-T) in the case of the company being IP of Iron or Steel; or
- 2) General Importer Identity Number (API-U) in the case of the company being IT of Iron or Steel;
- b. Corporate Registry Number (TDP);
- c. Taxpayer Code Number (NPWP);
- d. Customs Identity Number (NIK);
- e. Import plan for one year, covering: kinds of goods, classification of goods/Tariff Post/10 (ten) digits HS number, quantity, and destination port; and
- f. Technical consideration from the Director General of Metal, Machine, Textile and Multifarious Industry, Ministry of Industry.
(2) The recognition as IP of Iron or Steel or stipulation of IT of Iron or Steel as described in paragraph (1) shall apply for one year and may be extended.
(3) The extension as described in paragraph (2) shall be done by enclosing the following documents;
- a. Import plan for one year, covering: kinds of goods, classification of goods/Tariff Post/10 (ten) digits HS number, quantity, and destination port; and
- b. Technical consideration from the Director General of Metal, Machine, Textile and Multifarious Industry, Ministry of Trade, in the case of the kind and/or quantity of the would be imported goods exceeding the previous year.
Article 4
The Director General on behalf of the Minister shall issue the recognition as IP of Iron or Steel or stipulation as IT of Iron or Steel in not later than 7 (seven) working days as from the date of receipt complete and true application.
Article 5
(1) The import of iron or steel by IP of Iron or Steel or IT of Iron or Steel shall be subject to prior technical verification or inquiry by surveyors at the loading port before the shipment.
(2) The technical verification or inquiry by surveyors as described in paragraph (1) shall cover kind of goods, classification of goods/tariff post/10 (ten) digits HS number, quantity, and destination port.
(3) The result of the technical verification or inquiry by surveyors as described in paragraph (1) shall be written down into Surveyor Report (LS), to be used as customs complementary document in the settlement of customs obligation in import.
(4) All costs of the technical verification or inquiry by surveyors as described in paragraph (1) shall be borne by the said IP of Iron or Steel or IT of Iron or Steel.
(5) Excluded from the technical verification or inquiry as described in paragraph (1) shall be:
- a. Iron or steel imported by IP of Iron or Steel in the field of automotive and automotive component industry, electronic and electronic component industry as well as shipbuilding or ship component industry;
- b. Iron or steel imported and already verified or inquired technically on the basis of the facility of Government Borne Import Duty (BM-DTP); and
- c. Iron or steel imported for the need of industries in Free Trade Area and Free Port as well Bonded Zone.
Article 6
(1) The technical verification or inquiry as described in as described in Article 5 paragraph (1) shall be executed by surveyors stipulated by the Minister.
(2) The stipulated surveyors as described in paragraph (1) shall comply with the following requirements:
- a. having a business license to conduct survey (SIUJS);
- b. having experience as surveyor for five years at the minimum;
- c. having branch or representative and/or affiliate abroad and having network to support effectiveness of verification service; and
- d. having good track record in the field of management of import verification.
(3) The surveyors as described in paragraph (1) shall be obliged to conduct technical verification or inquiry in accordance with the provision as described in Article 5 paragraph (2) and convey a report on recapitulation of technical verification and inquiry into the import of iron or steel by IP of Iron or Steel and IT of Iron or Steel to the Director General every three month on the 15th of the ensuing month.
Article 7
(1) IP of Iron or Steel and IT of Iron or Steel shall obliged to convey report in writing to the Director General every 3 (three) months as from the date of issuance of recognition as IP of Iron or Steel or stipulation as IT Iron or Steel.
(2) The report as described in paragraph (1) shall be conveyed not matter whether the import is realized or not.
(3) The report as described in paragraph (1) shall be conveyed through http://inatrade.depdag.go.id with the model of report as contained in Attachment Il, which constitutes part inseparable from this regulation.
Article 8
IP of Iron or Steel or IT of Iron or Steel violating the provision as described in Article 7 paragraph (1) twice shall be subject to administrative sanction in the form of revocation of IP of Iron or Steel or IT of Iron or Steel.
Article 9
The provisions in this regulation shall not apply to the import of iron or steel on the basis of bilateral agreements between the Government of the Republic of Indonesia and governments of other countries that contain provisions on the import of iron or steel.
Article 10
LS as a document submitted compulsorily by IP of Iron or Steel or IT of Iron or Steel, which is used as a customs complementary document in the settlement of customs obligation in the import field as described in Article 5 paragraph (3) shall start to apply on April 1, 2009, proven by customs document in the form of manifest (BC 1.1).
Article 11
Further provision on this regulation shall be stipulated by the Director General.
Article 12
(1) The implementation of this regulation shall be evaluated every 3 (three) months as from the date of enforcement.
(2) Result of the evaluation as described in paragraph (1) shall constitute substance of consideration to revoke or extend the enforcement of this regulation.
Article 13
This regulation shall come into force as from the date of stipulation and expire on December 31, 2010.
For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On February 18, 2009
THE MINISTER OF TRADE
signed,
MARI ELKA PANGESTU