REGULATION OF THE MINISTER OF TRADE
No. 40/M-DAG/PER/9/2009
CONCERNING
TECHNICAL VERIFICATION OR TRACE OF THE IMPORT OF SHEET GLASS
BY GRACE OF THE ALMIGHTY GOD,
THE MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
Considering:
- a. that to create a more conducive business climate and improve the competitive edge of the national sheet glass industry, it is necessary to conduct a technical verification or trace on the import of sheet glass; .
- b. that based on the consideration as intended in a, it is necessary to stipulate a Regulation of the Minister of Trade;
In view of:
- 1. Trade Law 1934 (Statute Book No. 86/1938);
- 2. Law No. 5/1984 concerning Industrial (Statute Book No. 22/1984, Supplement to Statute Book No. 3274);
- 3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
- 4. 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. 93/2006, Supplement to Statute Book No. 4661);
- 5. Law No. 5/1999 concerning Anti Monopoly and Unsound Business Competition (Statute Book No. 33/1999, Supplement to Statute Book No. 3806);
- 6. Law No. 8/1999 concerning Consumer Protection (Statute Book No. 42/1999, Supplement to Statute Book No. 3821);
- 7. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
- 8. Presidential Decree No. 187/M/2004 concerning the Formation of the United Indonesia Cabinet as has been amended by Presidential Decree No. 171/M/2005;
- 9. Presidential Regulation No. 9/2005 concerning the Position, Task, Function, Organizational Structure and Work Mechanism of Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 20/2008;
- 10. Presidential Regulation No. 10/2005 concerning the Organizational Unit and Task of First Echelon Officials of the Ministries of the Republic of Indonesia as amended several times, the latest by Presidential Regulation No. 50/2008;
- 11. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/1997 concerning General Provisions in Import
- 12. Regulation of the Minister of Trade No. 01/M-DAG/PER/3/2005 concerning the Organizational Structure and Work Mechanism of the Ministry of Trade as amended several times, the latest by Regulation of the Minister of Trade No. 24/M-DAG/PER/6/2009;
- 13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2007 concerning Importer's Identification Number (API);
HAS DECIDED:
To stipulate:
REGULATION OF THE MINISTER OF TRADE CONCERNING THE TECHNICAL VERIFICATION ORTRACE ONTHE IMPORT OF SHEET GLASS.
Article 1
In this Ministerial Regulation:
- 1. Sheet glass is the processed product of non-metal mining produced through a burning process using casting, drawing and floating technology and other types of sheet glass already undergoing further process, including those of heading Number 7003, 7004, 7005, 7006, and 7007.
- 2. Surveyor is a survey company authorized to conduct technical verification or trace on goods.
- 3. Minister is the minister whose tasks and responsibilities cover the trade sector.
- 4. Director General is the Director General of Foreign Trade, Trade Ministry.
Article 2
Any importation of sheet glass shall be subject to prior technical verification or trace in the country of origin where the goods are to be loaded.
Article 3
(1) The technical verification or trace of import as intended in Article 2 shall be conducted by a surveyor appointed by the Minister.
(2) The technical verification or trace of import as intended in paragraph (1) shall cover:
- a. description and specifications of goods covering heading numbers;
- b. quantity (volume) of each type of goods;
- c. shipment period; and
- d. data or information on the country of origin of goods.
(3) The surveyor shall put inspection marks as a result of technical verification or trace of import in the form of seals on containers of Full Container Load (FCL) type or surveyor inspection marks in the form of labels on goods or containers of other types.
(4) The results of technical verification or trace of import as intended in paragraph (1) shall be put by the surveyor on a surveyor report (LS) used as a complement to customs document in the import field.
(5) The surveyor collects fees from the importer in connection with the technical verification or trace as intended in paragraph (1).
Article 4
(1) To conduct technical verification or trace of the import of sheet glass, the surveyor shall meet the following qualifications:
- a. holding a survey service permit (SIUJS);
- b. having experience as a surveyor for at least 5 (five) years; and
- c. having a branch, representative or affiliate abroad.
(2) The surveyor appointed to conduct technical verification or trace of the import of sheet glass as intended in Article 3 paragraph (1) shall convey a written report on the technical verification or trace of the import of sheet glass once every month.
(3) The written report as intended in paragraph (2) shall be conveyed to the Director General in this case the Import Director, Ministry of Trade with a copy to the Director General of Agro and Chemical Industries in this case the Director of Downstream Chemical Industry, Ministry of Industry in the first week of the ensuing month.
Article 5
Imported sheet glass that does not meet provisions in Article 2 shall be re-exported with the cost being borne by the relevant importer.
Article 6
(1) This Ministerial Regulation does not apply to the import of sheet glass to:
- a. bonded zones or bonded warehouses decided under a Decree of the Minister of Finance; or
- b. free trade zones and free ports.
(2) This Ministerial Regulation does not apply to the import of sheet glass which constitutes:
- a. goods in the interest of the government and other state institutes;
- b. goods for the purpose of technological research and development;
- c. goods as technical aid and project aid based on Government Regulation No. 19/1955 concerning the Exemption from Import Duty and Export Levy of Certain Foreign Officials and Experts;
- d. goods belonging to foreign representatives and their officials assigned in Indonesia;
- e. goods in the interest of international bodies and their officials assigned in Indonesia;
- f. personal effects;
- g. sample goods not for trading;
- h. promotional goods;
- i. the interest of the grant providers for the purpose of general religious services, charity, socio-cultural activities and/or assistance for natural disaster victims;
- j. personal goods of passengers or transportation crew members or border crossers;
- k. goods exported for the purpose of repair, work and test and imported to Indonesia again;
- I. export goods refused by a foreign buyer and later imported in the same quantity;
- m. air-borne parcels sent through a courier service company, a forwarding agent or PT Pos Indonesia with a maximum FOB value of US$ 1,500.00; or
- n. goods imported by an importer granted import facilities through priority lanes.
Article 7
(1) Sheet glass of import origin released from a bonded zone, bonded warehouse, or free trade zone and free port to other place in the customs area shall follow this Ministerial Regulation.
(2) The sheet glass of import origin as intended in paragraph (1) shall be subject to prior technical verification or trace by the surveyor in the area where the said goods are found.
Article 8
The technical verification or trace of the import of sheet glass by the surveyor as intended in Article 3 shall not reduce the authority of the Directorate General of Customs and Excise, Finance Ministry, to conduct a customs audit.
Article 9
(1) Sheet glass importers that violate provisions in Article 2 shall get a sanction by revoke their importer's identification number (API) and/or other sanctions according to the law and regulation.
(2) Surveyors that do not convey reports as intended in Article 4 paragraph (2) twice within a period of 6 (six) months shall be subject to a sanction by revoke their permit to conduct technical verification or trace of the import of sheet glass.
Article 10
Further provisions needed to implement this Ministerial Regulation may be stipulated by the Director General.
Article 11
(1) LS as a complement to customs document in the customs settlement in the import sector as intended in Article 3 paragraph (4) shall began to take effect 60 (sixty) days after this Ministerial Regulation has been stipulated.
(2) LS as intended in paragraph (1) is evidenced with customs document in the form of manifest (BC.1.1.).
Article 12
This Ministerial Regulation shall come into force as from the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on September 14,2009
THE MINISTER OF TRADE,
signed,
MARI ELKA PANGESTU