REGULATION OF THE MINISTER OF FINANCE
No. 49/PMK.011/2010

CONCERNING
GOVERNMENT BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE OPTICAL FIBRE CABLE IN BUDGET YEAR 2010

BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF FINANCE,

Considering:

a. that in an effort to increase the competitive edge of domestic optical fibre cable production industry, it is necessary to provide fiscal incentives in the form of government borne import duties on the import of goods and materials to produce optical fibre cable;

b. that imported of goods and materials to make optical fibre cable, fulfil criteria and conditions to get government borne import duties as certainty in Article 2 of Regulation of the Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010;

c. that based on result of coordination meeting between related units with Ministry of Industry as supervisor of optical fibre cable production industry, imported of goods and materials by optical fibre cable production industry shall be granted with a budget ceiling for government borne import duty in budget year 2010 of Rp. 26,154,000,000.00 (twenty six billion one hundred fifty four million rupiah);

d. that based on consideration in a, b, and c, and in the framework to implement certainty in Article 3 paragraph (2) Regulation of the Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010, it is necessary to stipulate Regulation of the Minister of Finance concerning Government Borne Import Duty on the Import of Goods and Materials to Make Optical fibre cable in Budget Year 2010;

In view of:

1. 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);

2. Law No. 17/2003 concerning State Finance (Statute Book No. 47/2003, Supplement to Statute Book No. 4286);

3. Law No. 1/2004 concerning State Treasury (Statute Book No. 5/2004, Supplement to Statute Book No. 4355);

4. Law No. 47/2009 concerning State Budget of Revenue and Expenses of Fiscal Year 2010 (Statute Book No. 156/2009, Supplement to Statute Book No. 5075);

5. Presidential Decree No. 84/P/2009;

6. Regulation of The Minister of Finance No. 07/PMK.011/2010 concerning Government Borne Import Duties on the Import of Goods and Materials for the Manufacture of Goods and/or Services to serve the Public Interest and Improve the Competitive Edge of Industries in Certain Sectors for Budget Year 2010;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING GOVERNMENT BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE OPTICAL FIBRE CABLE IN BUDGET YEAR 2010

Article 1

In this Regulation:

1. Companies are companies in industry engaged to produce optical fibre cable.

2. Goods and materials for optical fibre cable industry hereinafter called goods and materials, are goods and materials in every kinds and composition include spare parts and components to be processed, manufactured, or installed by the companies.

Article 2

(1) The import of goods and materials as lay down in Attachment to this Ministerial Regulation that is an integral part of this Ministerial Regulation, shall be granted government borne import duties.

(2) The government borne import duties as intended in paragraph (1) shall be granted with a budget ceiling of Rp. 26,154,000,000.00 (twenty six billion one hundred fifty four million rupiah).

(3) The budget allocations for the government borne import duties with the ceiling as intended in paragraph (2) for companies shall be set by the Director General of Transportation and Telematics Means Industry, as the proxy of budget user.

Article 3

(1) To obtain the government borne import duties as intended in Article 2, companies shall file applications to the Director General of Customs and Excise by enclosing a plan for import of goods (RIB) already approved and validated by the Director General of Transportation and Telematics Means Industry.

(2) Plan for Import of Goods (RIB) as intended in paragraph (1) shall at least contains the following data:

Article 4

(1) The Director General of Customs and Excise shall approve or reject the applications as intended in Article 3 no later than 14 (fourteen) days after the applications have been received in a complete manner.

(2) If the applications as intended in paragraph (1) are approved, the Director General of Customs and Excise on behalf of The Minister of Finance shall issue Decision of The Minister of Finance concerning government borne import duties on the import of goods and materials to make optical fibre cable for certain companies.

(3) If the applications as intended in paragraph (1) are not approved, the Director General of Customs and Excise on behalf of The Minister of Finance shall issue rejection letter.

Article 5

(1) In connection with the import of goods and materials granted government borne import duties under Decision of The Minister of Finance as intended in Article 4 paragraph (2) the Customs and Excise Supervisory and Service Office or Customs and Excise Primary Service Office concerned shall put a stamp "GOVERNMENT BORNE IMPORT DUTIES BASED ON REGULATION OF THE MINISTER OF FINANCE NO. 49/PMK.011/2010" on all sheets of import customs notification.

(2) The import customs notification as intended in paragraph (1) shall be used as the basis for the recording of receipts from government borne import duties and allocated as expenditure of tax subsidy in the same amount.

Article 6

The reporting and accountability of the government borne import duties as intended in Article 2 follow certainty in Regulation of The Minister of Finance on the accounting and reporting systems of the central government's finance.

Article 7

(1) The goods and materials imported by the companies as intended in Article 4 paragraph (2) shall be used by the relevant companies to make optical fibre cable and shall not be transferred to other party.

(2) The companies abusing provisions in paragraph (1) shall pay actual import duties plus 2% (two percent) interest per month for a maximum of 24 (twenty-four) months since the import as intended in Article 5 paragraph (1) is realized.

Article 8

The Director General of Customs and Excise is instructed to implement this Ministerial Regulation.

Article 9

This Ministerial Regulation shall be subject to evaluation no later than 12 (twelve) months after this Ministerial Regulation is stipulated.

Article 10

This Ministerial Regulation shall come into force on the date of stipulation and be valid until December 31, 2010.

For public cognizance, this Ministerial Regulation shall be announced by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on February 24, 2010
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI


ATTACHMENT

REGULATION OF THE MINISTER OF FINANCE No. 49/PMK.011/2010 CONCERNING GOVERNMENT BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE OPTICAL FIBRE CABLE IN BUDGET YEAR 2010

LIST OF GOODS AND MATERIAL TO MAKE OPTICAL FIBRE CABLE GET GOVERNMENT BORNE IMPORT DUTY IN BUDGET YEAR 2010

No. DESCRIPTION OF GOOD SPECIFICATION INCLUDING POST TARIF
1 Fibre optic (single mode) Fibre made from pure glass as transmission media (centre of  cable) has function to bring data information, in the form of integrated light in one mode (SMF) 9001.10.10.00
2 Fibre optic (multi mode) Fibre made from pure glass as transmission media (centre of cable) has function to bring data information, in the form of integrate light in multi mode (MM) 9001.10.10.00
3 Charcoal yarn For strength member and ripcord in fibre optic cable, high modulus high tensile strength in fibre optic cable, made from charcoal 5402.11.00.00
4 Synthetic filament thread For strength member and ripcord in fibre optic cable, high modulus high tensile strength in fibre optic cable, made from nylon or other polyamide except charcoal 5402.19.00.00
5 Mono synthetic filament For strength member and ripcord in fibre optic cable, high modulus high tensile strength in fibre optic cable, made from polypropylene with size 67 desitex or more 5404.12.00.00
6 Polyester binder yard High power thread from polyester 5402.20.00.00
7 High density polyethylene (HDPE) Polymer with high weight of gravity, UV ray resistant, black colour, match as cover of fibre optic cable in crystal form 3901.20.00.00
8 UV colour ink Coating material of fibre optic in the form of water ink 321.90.90.00
9 Poly butylenes terephtlalate (PBT) Hot processing plastic material as protection of fibre optic, has high viscosity, in crystal form 3907.99.90.00
10 Compound Petroleum jelly natural colour, not poison, not smell, not become liquid in 100℃°C and not frozen in -10℃ C 2712.10.00.00
11 Swell yarn Thread consists of super absorber polymer, bud able if touched by water to prevent water enter the cable 604.90.00.00
12 Copper tape In the form of cooper band, with cooper content 99.8% to protect fibre optic cable 7410.11.00.00
13 Steel To protect bottom side from other steel combination, width not more than 400 mm 7226.99.10.00
14 Water blocking tape Band with powder, bud able if touched by water, to prevent water enter the cable 5603.13.00.00
15 Melt glue Natural colour glue, not poison, to paste protection components of fibre optic cable 3505.20.00.00
16  Anti tracking polyethylene Polymer with high gravity weight UV ray and electric ion resistant, black colour ,match to cover fibre optic cable, kind of ADSS, in crystal form 3901.20.00.00
17 Flame retardant polyethylene Polymer with high gravity weight and UV ray resistant, conductor of fire, black colour, match for cable in the building to replace PVC, in crystal form 3901.20.00.00
18 Natural polyethylene Polymer with high gravity weight, natural colour, match as cover of fibre optic cable, in crystal form 3901.20.00.00
19 Marking tape Plastic band coated by powder as band to write cable 3919.10.21.00
20 Aluminium tape In the form of aluminium coated in both side, from polymer material, as protection of fibre optic cable from wet and hot 7606.12.39.10
21 Glass yarn Polyester thread coated with glass powder, to prevent stress tension 7019.19.10.00
22 Fibre reinforced plastic Polyester bar strengthening by glass powder, to prevent stress tension, diameter > 1mm 3916.90.90.00

MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI