a. that based on provision 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 import price makes injury to domestic industry that produce same kind of goods;
b. that based on investigation result of Indonesia Anti Dumping Committee, there is evidence of imported Hot Rolled Coil with dumping price from Republic of Korea and Malaysia that make injury to domestic industry and causal link between dumping and injury of domestic industry;
c. that based on investigation result of Indonesia Anti Dumping Committee as intended in paragraph b, by Letter of the Minister of Trade No. 977/M-DAG/SD/7/2010 dated July 16, 2010 and Letter of the Minister of Trade No. 1772/M-DAG/SD/12/2010 dated December 3, 2010, Minister of Trade proposed the imposition of Anti Dumping Import Duty on the import of Hot Rolled Coil from exporters/producers in Republic of Korea and Malaysia;
d. that based on consideration as intended in paragraph a, b, and c, and in the framework to implement provision in Article 23D paragraph (2) of Law No. 10/1995 concerning Customs as amended by Law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning the Imposition of Anti Dumping Import Duty on the Import of Hot Rolled Coil from Republic of Korea and Malaysia;
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. 93/2006, Supplement to Statute Book No. 4661);
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;
1. Letter of the Minister of Trade No. 977/M-DAG/SD/7/2010 dated July 16, 2010 concerning Proposal the imposition of Anti Dumping Import Duty on the import of Hot Rolled Coil from Republic of Korea and Malaysia;
2. Letter of the Minister of Trade No. 1772/M-DAG/SD/12/2010 dated December 3, 2010 concerning Proposal the imposition of Anti Dumping Import Duty on the import of Hot Rolled Coil from Republic of Korea and Malaysia;
3. Letter of the Head of Indonesia Anti Dumping Committee No. 1099/KADI/XI/2010 dated November 25, 2010 concerning;
4. Report of Indonesia Anti Dumping Committee about Final Disclosure of Anti Dumping Investigation on the Import of Hot Rolled Coil (HRC) HS 7208.10.00.00, 7208.25.00.00, 7208.26.00.00, 7208.27.00.00, 7208.36.00.00, 7208.37.00.00, 7208.38.00.00, 7208.39.00.00, 7208.90.00.00 from Republic of Korea and Malaysia;
REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF HOT ROLLED COIL FROM REPUBLIC OF KOREA AND MALAYSIA
Anti Dumping Import Duty is charged to the import of Hot Rolled Coil (HRC) from Republic of Korea and Malaysia in the form of:
1. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, with relief pattern, as intended in heading 7208.10.00.00;
2. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, cleaned by acid, without relief pattern, thickness 4.75 mm or more, to be grinded again, as intended in heading 7208.25.10.00;
3. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, cleaned by acid, without relief pattern, thickness 4.75 mm or more, not to be grinded again, as intended in heading 7208.25.90.00;
4. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, cleaned by acid, without relief pattern, thickness 3 mm or more but not exceed 4.75 mm, as intended in heading 7208.26.00.00;
5. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, cleaned by acid, without relief pattern, thickness less than 3 mm, as intended in heading 7208.27.00.00;
6. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, not cleaned by acid, without relief pattern, thickness more than 10 mm, as intended in heading 7208.36.00.00;
7. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, not cleaned by acid, without relief pattern, thickness 4.75 mm or more and less than 10 mm, as intended in heading 7208.37.00.00;
8. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, not cleaned by acid, without relief pattern, thickness 3 mm or more but not exceed 4.75 mm, as intended in heading 7208.38.00.00;
9. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, no further process only hot grinding, not cleaned by acid, without relief pattern, thickness less than 3 mm, as intended in heading 7208.39.00.00;
10. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, in the roll, not in heading 7208.10.00.00, 7208.25.10.00, 7208.25.90.00, 7208.26.00.00, 7208.27.00.00, 7208.36.00.00; 7208.37.60.00, 7208.38.00.00 and 7208.39.00.00, as intended in heading 7208.90.00.00;
Origin countries and goods producer/exporter names who is subject to Anti Dumping Import Duty as intended in Article 1, and rate of Anti Dumping Import Duty are as follows:
| No. | Goods Origin Countries | Producer/Exporter Names | Anti Dumping Import Duty (%) |
| 1 | Republic of Korea | All companies except Hyundai Steel Company, POSCO, Dungkuk Industries Co., and Hyunday HYSCO | 3.8 % |
| 2 | Malaysia | a. Megasteel Sdn. Bhd. b. Other companies |
48.4 % |
(1) Imposition of Anti Dumping Import Duty as intended in Article 1 is addition Import Duty imposed based on Common Effective Preferential Tariff (CEPT) Scheme for exporters and/or producers from countries that has trading agreement with Indonesia.
(2) In case provisions in Common Effective Preferential Tariff Scheme as intended in paragraph (1) is not fulfilled, Anti Dumping Import Duty as intended in Article 1 is addition import duty charged based on Most Favored Nation (MFN).
Anti Dumping Import Duty Tariff as intended in Article 2, shall apply to the import of goods as intended in Article 1 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.
1. This Regulation of the Minister of Finance shall come into force from the date of promulgation.
2. This Regulation of the Minister of Finance is 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 February 7, 2011
THE MINISTER OF FINANCE
signed,
AGUS D.W. MARTOWARDOJO