REGULATION OF THE MINISTER OF FINANCE
No. 32/PMK.011/2011

CONCERNING
IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF UNCOATED WRITING AND PRINTING PAPER FROM REPUBLIC OF KOREA

BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF FINANCE,

Considering:

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 (KADI), there is evidence of imported Uncoated Writing and Printing Paper with dumping price from Republic of Korea that make injury to domestic industry and causal link between dumping and injury of domestic industry, so it is necessary to impose Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper from Republic of Korea;

c. that based on provision in Article 11 paragraph 11.3 Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994 as ratified by Law No. 7/1994 concerning Ratification Agreement Establishing the World Trade Organization, Minister of Finance stipulate Regulation of the Minister of Finance No. 26/PMK.011/2010 concerning Imposition of Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper that imposes Anti Dumping Import Duty on the Imported goods of Uncoated Writing and Printing Paper from Finland, Republic of Korea, India and Malaysia;

d. that Regulation of the Minister of Finance No. 26/PMK.011/2010 concerning Imposition of Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper as intended in paragraph c, the period is ended on February 1, 2010;

e. that before ending period of Regulation of the Minister of Finance No. 26/PMK.011/2010 concerning Imposition of Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper as intended in paragraph b, Minister of Trade by letter No. 1811/M-DAG/SD/12/2010 dated December 10, 2010 propose Imposition Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper from Republic of Korea;

f. that based on consideration as intended in paragraph a, b, c, d and e, 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 Uncoated Writing and Printing Paper from Republic of Korea;

In view of:

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;

5. Regulation of the Minister of Finance No. 38/PMK.04/2005 concerning Restitution Procedure of Import Duty, Administration Fine, and/or Interest;

Observing:

1. Letter of the Minister of Trade No. 1811/M-DAG/SD/12/2010 dated December 10, 2010 with subject Proposal to keep on valid for Imposition Anti Dumping Import Duty on the imported Uncoated Writing and Printing Paper from Finland, India, Malaysia and Republic of Korea;

2. Report of Indonesia Anti Dumping Committee (KADI) about Final Disclosure of Investigation of Extension Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF UNCOATED WRITING AND PRINTING PAPER FROM REPUBLIC OF KOREA.

Article 1

(1) Imported Uncoated Writing and Printing Paper are charged Anti Dumping Import Duty.

(2) Goods of Uncoated Paper and Writing Paper as intended in paragraph (1) are:

• a. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, weight 40 g/m2 or more but less than 150 g/m2, in roll, except carbonizing base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card, or computer paper, aluminum base paper, are in heading 4802.55.90.00;
• b. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, in piece weight 40 g/m2 or more but less than 150 g/m2 with side less than 435 mm and other side less than 297 mm in unfold condition, except carbonizing base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card or computer paper, aluminum base paper, are in heading 4802.56.90.00; and
• c. Printing, writing or other copier papers, and kind of paper that is used for graphical needs, except in roll and piece, one side more than 435 mm and other side more than 297 mm in unfold condition, weight 40 g/m2 or more but less than 150 g/m2, except carbonizing base paper weight 20 g/m2 or more, paper for money printing, used to make gypsum board and card or computer paper, aluminum base paper, and decoration paper with water sign, granitized feld finish, fiber or blend of speck, and vellum antique finish, are in heading 4802.57.00.00.

Article 2

Name of Companies from Republic of Korea who produce and/or export goods subject to Anti Dumping Import Duty as intended in Article 1, and Rate of Anti Dumping Import Duty are as follows:

Article 3

(1) Imposition of Anti Dumping Import Duty as intended in Article 1 is addition Import Duty that is imposed based on Common Effective Preferential Tariff 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).

Article 4

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.

Article 5

On the Anti Dumping Import Duty on the imported Uncoated Writing and Printing Paper charged based on Regulation of the Minister of Finance No. 26/PMK.011/2010 concerning Imposition of Anti Dumping Import Duty on the Imported Uncoated Writing and Printing Paper, following provisions shall apply:

• a. on the imported Uncoated Writing and Printing Paper from Finland, India and Malaysia will get full restitution based on effective regulations.
• b. on the imported Uncoated Writing and Printing Paper from Republic of Korea will get partly restitution, that is import duty based on Article 2 of Regulation of the Minister of Finance No. 26/PMK.011/2010 concerning Imposition of Anti Dumping Import Duty on the imported Uncoated Writing and Printing Paper minus import duty based on Article 2 of this Regulation of the Minister of Finance.

Article 6

(1) Restitution of Anti Dumping Import Duty on the imported Uncoated Writing and Printing Paper as intended in Article 5 will be given after re-stipulated by Director General of Customs and Excise following Regulation of the Minister of Finance concerning stipulation of tariff, customs value, and administrative fine, and stipulation of the Director General of Customs and Excise or Official of Customs and Excise.

(2) Re-stipulated by the Director General of Customs and Excise as intended in paragraph (1) is done by recheck customs notification.

(3) Recheck customs notification as intended in paragraph (2) is done after importer propose rechecking to the customs office of the entry place of imported goods.

(4) Recheck as intended in paragraph (3) is done by Regional Office of the Directorate General of Customs and Excise or Main Service Office of Customs and Excise.

(5) Procedure of Anti Dumping Import Duty Restitution on the imported Uncoated Writing and Printing Paper as intended in Article 5 follow regulation of the Minister of Finance concerning restitution procedure of import duty, administration fine, and/or interest.

Article 7

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 effective for 1 (one) year and retroactive since February 1, 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 28, 2011
THE MINISTER OF FINANCE
signed,
AGUS D.W. MARTOWARDOJO