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REGULATION OF THE MINISTER OF FINANCE
NUMBER 87/PMK.011/2011

CONCERNING
THE IMPOSITION OF SAFEGUARD MEASURES IMPORT DUTY ON THE IMPORT OF COTTON YARD OTHER THAN SEWING THREAD PRODUCTS

BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF FINANCE,

Attachment

Considering:

a. that based on the result of an investigation conducted by the Indonesian Committee on Trade Safeguard which show a surge in the import of cotton yard other than sewing thread products, thereby inflicting serious losses on the domestic industry;

b. that in the framework to follow up that investigation result in paragraph a, Minister of Trade by Letter Number: 54/M-DAG/SD/1/2011 dated January 17, 2011 and Number: 499/M-DAG/SD/3/2011 dated March 30, 2011, propose the Imposition of Safeguard Measures Import Duty on the import of cotton yarn other than sewing thread;

c. that based on Article 21 of Presidential Decree Number 84 of 2002 concerning Efforts to Safeguard the Domestic Industry form the Impact of Import Surge, the Minister of Finance can constantly take safeguard measures in the form of import duty;

d. that based on consideration as intended in paragraphs a, b and c, and in the framework to implement provision of Article 23D paragraph (2) of Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006, it is necessary to stipulated Regulation of the Minister of Finance concerning the Imposition of Safeguard Measures Import Duty on the Import of Cotton Yarn Other Than Sewing Thread;

In view of:

1. Law Number 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book Number 57 of 1994, Supplement to Statute Book Number 3564);

2. Law Number 10 of 1995 concerning Customs (Statute Book Number 75 of 1995, Supplement to Statute Book Number 3612) as amended by Law Number 17 of 2006 (Statute Book Number 93 of 2006, Supplement to Statute Book Number 4661);

3. Presidential Decree Number 84 of 2002 concerning Efforts to Safeguard the Domestic Industry form the Impact of Import Surge (Statute Book Number 133 of 2002);

4. Presidential Decree Number 56/P of 2010;

Observing:

1. Letter of the Minister of Trade Number: 54/M-DAG/SD/1/2011 dated January 17, 2011 with subject proposes the Imposition of Safeguard Measures Import Duty on the Cotton Yarn Other Than Sewing Thread products;

2. Letter of the Minister of Trade Number: 499/M-DAG/SD/3/2011 dated March 30, 2011 with subject Confirmation of Heading Post of Cotton Yarn Other than Sewing Thread Products that are proposed subject to Safeguard Measures Import Duty (BMTP);

3. Report of Indonesian Committee on Trade Safeguard about Investigation Result for Safeguard Measures on the Import of Cotton Yarn Other than Sewing Thread products;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF SAFEGUARD MEASURES IMPORT DUTY ON THE IMPORT OF COTTON YARD OTHER THAN SEWING THREAD PRODUCTS

Article 1

(1) On the import of cotton yarn other than sewing thread products, are imposed Safeguard Measures Import Duty.

(2) Imported cotton yarn other than sewing thread products subject to Safeguard Measures Import Duty as intended in paragraph (1) are stated in Attachment I of this Regulation of the Minister of Finance, that is an integral part of this Regulation of the Minister of Finance.

Article 2

Safeguard Measures Import Duty as intended in Article 1 shall be imposed for 3 (three) years under the following condition:

No. Period The Amount of Safeguard Measures Import Duty
1 Year I, one year period since stipulation date of this Regulation of the Minister of Finance. Rp. 40,687 per kilogram
2 Year II, one year period since ending date of Year I period. Rp. 38,144 per kilogram
3 Year III, one year period since ending date of Year II period. Rp. 35,601 per kilogram

Article 3

The Safeguard Measures Import Duty as intended in Article 1 shall be imposed on the import of cotton yarn other than sewing thread products from all countries except produced in and imported from countries as stated in Attachment II to this Regulation of the Minister of Finance, which is an integral part of this Regulation of the Minister of Finance.

Article 4

(1) Imposition of Anti Dumping Import Duty as intended in Article 1 is:

(2) In case provisions in Common Effective Preferential Tariff Schemes are not fulfilled, imposition of Safeguard Measures Import Duty on the import from countries are in international goods trading agreement schemes as intended in paragraph (1) b is Most Favored Nation as intended in paragraph (1) a.

Article 5

The import of cotton yarn other than sewing thread products from countries excepted from the imposition of Safeguard Measures Import Duty as intended in Article 3 and from countries has international goods trading agreement with Indonesia as intended in Article 4 paragraph (1) b, importer shall submit Certificate of Origin.

Article 6

Provisions of Safeguard Measures Import Duty Tariff as intended in Article 2, shall apply to the import of goods 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 7

1. This Regulation of the Minister of Finance is effective for 3 (three) years since promulgation date of this Regulation of the Minister of Finance.

2. This Regulation of the Minister of Finance shall come into force from the date of stipulation.

For public cognizance, this Regulation of the Minister of Finance shall be promulgated by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
On June 6, 2011
MINISTER OF FINANCE
signed,
AGUS D.W. MARTOWARDOJO