to Indonesian

REGULATION OF THE MINISTER OF TRADE
No. 41/M-DAG/PER/12/2011

CONCERNING
PROVISIONS ON THE IMPORT OF SODIUM TRIPOLYPHOSPHATE

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

Considering:

a. that Sodium Tripolyphosphate (Sodium Triphosphate) is strategic commodity as raw material for industry, so activities of production, supply, procurement and distribution of Sodium Tripolyphosphate is very important to support domestic industry need;

b. that now, Sodium Tripolyphosphate already can be produced domestically, but it is not enough;

c. that based on consideration as intended in paragraphs a and b, and to make effective trading policy related with Sodium Tripolyphosphate, it is necessary to arrange import of Sodium Tripolyphosphate;

d. that based on consideration as intended in paragraphs a, b and c, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book No. 86/1938);

2. Law No. 5/1984 concerning Industry (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);

3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);

4. Law No. 10/1995 concerning Customs (Statute Book of the Republic of Indonesia No. 75/1995, Supplement to Statute Book of the Republic of Indonesia No. 3612) as amended by Law No. 17/2006 (Statute Book of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);

5. Law No. 5/1999 concerning Prohibition on the Monopolistic Practice and Unsound Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3817);

6. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);

7. Presidential Decree No. 260/1967 concerning Confirmation on Duties and Responsibilities of the Minister of Trade in Foreign Trade Affairs;

8. Presidential Decree No. 84/P/2009 concerning Establishment of Unity Indonesia Cabinet II as amended by Presidential Decree No. 59/P/2011;

9. Presidential Regulation No. 47/2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;

10. Presidential Regulation No. 24/2010 concerning Position, Tasks and Functions of First Echelon Officials of State Ministries as amended by President Regulation No. 67/2010;

11. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;

12. Regulation of the Minister of Trade No. 54/M-DAG/PER/10/2009 concerning General Provisions in Import;

13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Working Procedures of the Ministry of Trade;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING PROVISIONS ON THE IMPORT OF SODIUM TRIPOLYPHOSPHATE

Article 1

In this Ministerial Regulation:

1. Sodium Tripolyphosphate (Sodium Triphosphate) hereinafter abbreviated as STPP is inorganic substance with chemical formula Na5P3O10, in the form of white crystal, does not has smell and coated in water, can be used as water, food preservation and textures, in the Heading/HS ex. 2835.31.90.00.

2. Producer Importers of Sodium Tripolyphosphate, hereinafter called IP-STTP is STTP user industry that is legalized and approved to import STTP as raw material that is required in its production process, and cannot allowed to be traded and/or transferred to other party.

3. Minister is minister who handles government affairs in trade.

4. Director General is the Director General of Foreign Trade, Ministry of Trade.

Article 2

STTP only can be imported by company already obtain recognition as IP-STTP from Director General.

Article 3

IP-STTP as intended in Article 2 only can import STTP to fulfill its industry requirement.

Article 4

(1) To obtain recognition as IP-STTP as intended in Article 2, company should file written application to the Director General by attaching:

(2) Director General issues recognition as IP-STTP within 5 (five) working days after Team conducted field verification to check documents as intended in paragraph (1).

(3) Verification as intended in paragraph (2) shall be done within 3 (three) days after received complete application.

(4) Team as intended in paragraph (2) consists of officials are stipulated by Director General.

(5) In case result of verification as intended in paragraph (2) is not matching between data and information are submitted, Director General will reject issuance or recognition as IP-STPP.

(6) Recognition as IP-STTP valid for 1 (one) year and can be extended.

Article 5

(1) IP-STPP has to submit written report on the implementation of import STPP.

(2) Submission of report as intended in paragraph (1) for import was realized or not.

(3) Report as intended in paragraph (1) is submitted to Director General every 3 (three) months at the latest on 15 (fifteen) on the ensuing month through http://inatrade.kemendag.go.id with copy is submitted to Director General of Manufacture Industry Base, Ministry of Industry.

Article 6

(1) Recognition as IP-STPP will be revoked in case of it:

(2) Revocation as intended in paragraph (2) is conducted by Director General.

Article 7

This Ministerial Regulation shall come into force on January 15, 2012.

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 December 13, 2011
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN