REGULATION OF THE MINISTER OF FINANCE
No. 52/PMK.011/2010

CONCERNING
GOVERNMENT BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE STATIONERY OF BALLPOINTS 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 stationery of ballpoints production industry, it is necessary to provide fiscal incentives in the form of government borne import duties on the import of goods and materials by stationery of ballpoints production industry;

b. that imported of goods and materials to make stationery of ballpoints, 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 stationery of ballpoints production industry, imported of goods and materials by stationery of ballpoints production industry shall be granted with a budget ceiling for government borne import duty in budget year 2010 of Rp. 13,420,000,000.00 (thirteen billion four hundred twenty 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 Stationery of ballpoints 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 STATIONERY OF BALLPOINTS IN BUDGET YEAR 2010

Article 1

In this Regulation:

1. Companies are companies in industry engaged to produce stationery of ballpoints.

2. Goods and materials for stationery of ballpoints production 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 13,420,000,000.00 (thirteen billion four hundred twenty 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 Metal, Machine, Textile and Multifarious 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 Metal, Machine, Textile and Multifarious 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 stationery of ballpoints 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. 52/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 stationery of ballpoints 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. 52/PMK.011/2010 CONCERNING GOVERNMENT BORNE IMPORT DUTIES ON THE IMPORT OF GOODS AND MATERIALS TO MAKE STATIONERY OF BALLPOINTS IN BUDGET YEAR 2010

LIST OF GOODS AND MATERIALS TO MAKE STATIONERY OF BALLPOINT GET GOVERNMENT BORNE IMPORT DUTIES IN BUDGET YEAR 2010

No. DESCRIPTION OF GOOD SPECIFICATION INCLUDING THE POST TARIFF
1 Drawing ink and writing ink For ballpoint/semi gel/fine liner/gel/pigmented fine liner/permanent marker/oil based ballpoint pen 3215.90.60.00
2 Drawing ink and writing ink For ballpoint fluorescent/whiteboard and marker 3215.90.90.00
3 Prepared to prevent oxidation of ballpoint ink Grease/follower 3811.90.90.00
4 Polyethylene with gravity weight less than 0.94 In crystal form 3901.10.90.10
5 Polyethylene with gravity weight less than 0.94 In powder/chip form 3901.10.90.90
6 Polyethylene with gravity weight 0.94 or more In powder/crystal/chip form 3901.20.00.00
7 Polypropylene In crystal form/chip 3902.10.20.00
8 Thermoplastic polyolefin (TPO) In powder/crystal/chip form, except in liquid and paste form 3902.90.90.00
9 Polystyrene (PS) In crystal form/chip 3903.19.00.00
10 Styrene acrylonitrile (SAN)/as In crystal form/chip 3903.20.90.00
11 Acrylonitrile butadiene styrene (ABS) In crystal form/chip 3903.30.90.00
12 Thermoplastic rubber (TPR) In crystal form/chip 3903.90.90.00
13 PMMA (polymethyl methacrylate) Except in dispersion 3906.90.00.00

MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI