to Indonesian

REGULATION OF THE MINISTER OF FINANCE
No. 58/PMK.011/2012

CONCERNING
IMPOSITION OF ANTIDUMPING IMPORT DUTY ON THE IMPORT OF CERAMIC PRODUCTS IN THE FORM OF FOOD EQUIPMENT, KITCHEN EQUIPMENT, OTHER HOUSEHOLD EQUIPMTNE, AND TOILET EQUIPMENT, FROM PROPLE REPUBLIC OF CHINA

BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,

Considering:

a. that based on provision in Article 2 paragraph (1) of Government Regulation No. 34/2011 concerning Anti Dumping Measures, Counter Strike Measure, and Trading Safety Measures, importing goods can be charged Import Duty and can be charged Anti Dumping Import Duty in case those goods Export Price of imported goods is lower than their normal Price and makes injury for domestic industry that produces such kind of goods;

b. that in according to investigation result of Indonesia Antidumping Committee (KADI), there is evidence of dumping price of imported ceramic in the form of food equipment, kitchen equipment, other household equipment, and toilet equipment, from People Republic of China that make injury to domestic industry and causal link between dumping goods and injury of domestic industry;

c. that based on investigation result of KADI as intended in paragraph b, Minister of Trade through Letter No. 127.1/M-DAG/SD/1/2012 dated January 25, 2012 and No. 404/M-DAG/SD/3/2012 date March 9, 2012, proposed to the Minister of Finance on the imposition of Antidumping Import Duty on the import of ceramic products from People Republic of China include rate of Antidumping Import Duty and period for the imposition of Antidumping Import Duty;

c. that based on consideration as intended in paragraphs 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 Imposition of Antidumping Import Duty on the Import of Ceramic Products in the form of Food Equipment, Kitchen Equipment, other Household Equipment, and Toilet Equipment, from People Republic of China;

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. 34/2011 concerning Anti Dumping Measures, Counter Strike Measure, and Trading Safety Measures (Statute Book No. 66/2011, Supplement to Statute Book No. 5225);

4. Presidential Decree No. 56/P/2010;

Observing:

1. Letter of the Minister of Trade No. 404/M-DAG/SD/3/2012 date March 9, 2012 with subject proposal on the imposition of Antidumping Import Duty on the import of Ceramic Products from People Republic of China;

2. Letter of the Minister of Trade No. 127.1/M-DAG/SD/1/2012 dated January 25, 2012 with subject proposal on the imposition of Antidumping Import Duty on the import of ceramic products from People Republic of China;

3. Final Disclosure of Indonesia Antidumping Committee on the Antidumping Investigation on the Food Equipment made from Ceramic (Ceramic Tableware) with Tariff Post No. 6911.10.00.00, 6911.90.00.00 and6912.00.00.00 Origin from People Republic of China;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING IMPOSITION OF ANTIDUMPING IMPORT DUTY ON THE IMPORT OF CERAMIC PRODUCTS IN THE FORM OF FOOD EQUIPMENT, KITCHEN EQUIPMENT, OTHER HOUSEHOLD EQUIPMTNE, AND TOILET EQUIPMENT, FROM PROPLE REPUBLIC OF CHINA

Article 1

On the import of goods from People Republic of China in the form of:

Article 2

(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).

Article 3

Anti Dumping Import Duty Tariff as intended in Article 1, 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 4

1. This Ministerial Regulation is effective for 5 (five) years since effective date of this Regulation of the Minister of Finance.

2. This Ministerial Regulation shall come into force from the date of promulgation.

For public cognizance, this Ministerial Regulation shall be published by placing it in State Gazette of the Republic of Indonesia.

Stipulated in Jakarta
on April 24, 2012
MINISTER OF FINANCE,
signed,
AGUS D.W. MARTOWARDOJO