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REGULATION OF THE MINISTER OF FINANCE
NUMBER 150/PMK.011/2012

CONCERNING
IMPOSITION OF ANTIDUMPING IMPORT DUTY ON THE IMPORT OF GRIND FLOOR PRODUCTS MADE FROM IRON OR STEEL NOT COMBINED, NOT IN THE ROLL FROM PEOPLE REPUBLIC OF CHINA, SINGAPORE, AND UKRAINE

BY THE GRACE OF 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 Number 34 of 2011 concerning Antidumping Measures, Counter Strike Measure, and Trading Safety Measures, importing goods can be charged Import Duty and can be charged Antidumping Import Duty in case those goods Export Price of imported goods is lower than their normal Price and makes injury;

b. that in according to investigation result of Indonesia Antidumping Committee (KADI), there is evidence of imported Grind Floor Products made from Iron or Steel not in the Roll (Hot Rolled Plate) with dumping price from Singapore, and Ukraine that make injury to domestic industry and causal link between dumping and injury of domestic industry;

c. that in the framework to follow up investigation result of Indonesia Antidumping Committee (KADI) as intended in paragraph b, Ministry of Trade by letter Number: 545/M-DAG/SD/4/2011 dated April 5, 2011 and Number: 960/M-DA/SD/6/2011 dated June 24, 2011, proposed the Imposition of Antidumping Import Duty on the Import of Grind Floor Products made from Iron or Steel, Not in the Roll from People Republic of China, Singapore and Ukraine;

d. that investigation conducted by Indonesia Antidumping Committee (KADI) as intended in paragraph b, already fulfill provisions as governed by Article 102 paragraph 2 of Government Regulation Number 34 of 2011 that says that when Government Regulation Number 34 of 2011 comes into force, all decisions and activities conducted by Indonesia Antidumping Committee (KADI) based on Government Regulation Number 34 of 1996 concerning Antidumping Import Duty and Compensatory Surcharge are legal;

e. that in the framework to follow up letter of the Minister of Trade as intended in paragraph c, in according to the mechanism applicable in the framework of determination Antidumping Import Duty, discussion meeting already conducted among related agencies and divisions, that is coordinated by Ministry of Finance;

f. that based on result of discussion meeting as intended in paragraph e and in relation with objection and petition Number: 0048/GRP/I/2012 dated January 18, 2012, Minister of Finance through letter Number S-35/MK.011/2012 dated February 23, 2012 already asked to Minister of Trade in according to his right to do study on the proposal of imposition Antidumping Import Duty by consider result of Indonesia Antidumping Committee (KADI study and objection of that petition;

g. that as follow up of request of Minister of Finance as intended in paragraph f, Minister of Trade through letter Number: 888/M DAG/SD/5/2012 dated May 30, 2012, Number: 1256/M-DAG/SD/7/2012 dated July 27, 2012, and Number: 1343/M-DAG/SD/8/2012 dated August 15, 2012 recommended for imposition of Antidumping Import Duty on the import of Grind Floor Products made from Iron or Steel, Not in the Roll from People Republic of China, Singapore and Ukraina and ask support to the Minister of Finance in the framework the imposition of Antidumping Import Duty;

h. that based on consideration as intended in paragraphs a, b, c, d, e, f, and g as well as in the framework to implement provision in Article 23D paragraph (2) of Law Number 10 of 1995 concerning Customs as amended by Law Number 17 of 2006, it is necessary to stipulate Regulation of the Minister of Finance concerning the Imposition of Antidumping Import Duty on the Import of Grind Floor Products made from Iron or Steel not combined, Not in the Roll from People Republic of China, Singapore, and Ukraine;

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. Government Regulation Number 34 of 2011 concerning Antidumping Measures, Counter Strike Measure, and Trading Safety Measures (Statute Book Number 66 of 2011, Supplement to Statute Book Number 5225);

4. Government Regulation Number 24 of 2010 concerning Position, Duties, and Function of State Ministries as well as Organization Structure, Duties, and Function of First Echelon of State Ministries;

Observing:

1. Report of the Indonesia Antidumping Committee concerning Final Investigation Result of Antidumping on the import of Hot Rolled Plate Tariff Post Number 7708.51.00.00 and 7208.52.00.00 from Singapore, People Republic of China and Ukraine;

2. Letter of the Minister of Trade Number: 545/M-DAG/SD/4/2011 dated April 5, 2011 with subject proposal for the Imposition of Antidumping Import Duty on the Import of Hot Rolled Plate from People Republic of China, Singapore and Ukraine;

3. Letter of the Minister of Trade Number 960/M-DA/SD/6/2011 dated June 24, 2011 with subject proposal for Exception of Imposition Antidumping Import Duty on the Import of Hot Rolled Plate to five exporters non producer from Singapore;

4. Letter of Minister of Trade through letter Number: 888/M DAG/SD/5/2012 dated May 30, 2012 with subject Asking Support for Recommendation of Imposition of Antidumping Import Duty on the import of Hot Rolled Plate from People Republic of China, Singapore and Ukraine;

5. Letter of Minister of Trade Number: 1256/M-DAG/SD/7/2012 dated July 27, 2012 with subject Support for Recommendation of Imposition of Antidumping Import Duty on the import of Hot Rolled Plate from People Republic of China, Singapore and Ukraine

6. Letter of Minister of Trade Number: 1343/M-DAG/SD/8/2012 dated August 15, 2012 with subject Recommendation for Imposition of Antidumping Import Duty on the import of Hot Rolled Plate from People Republic of China, Singapore and Ukraine;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING IMPOSITION OF ANTIDUMPING IMPORT DUTY ON THE IMPORT OF GRIND FLOOR PRODUCTS MADE FROM IRON OR STEEL NOT COMBINED, NOT IN THE ROLL FROM PEOPLE REPUBLIC OF CHINA, SINGAPORE, AND UKRAINE

Article 1

On the Import of Grind Floor Products made from Iron or Steel not combined, not in the Roll 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, not in the roll, no further process only hot grinding, thickness more than 10 mm, as intended in tariff post 7208.51.00.00;

2. grind floor product made from iron or steel, not combined, width 600 mm or more, hot grinding, not flatted, not covered or plated, not in the roll, no further process only hot grinding, thickness 4.7 mm or more and not less than or equal to 10 mm, as intended in tariff post 7208.52.00.00;

From People Republic of China, Singapore, and Ukraine subject to Antidumping Import Duty.

Article 2

Rate of Antidumping Import Duty as intended in Article 1 is stipulated as follows:

No. Origin Country Rate of Antidumping Import Duty in Percentage (%)
1 People Republic of China 10.47%
2 Ukraine 12.50%
3 Singapore 12.33%

Article 3

(1) Imposition of Antidumping Import Duty as intended in Article 1 is addition Import Duty imposed based on Common Effective Preferential Tariff Scheme for exporters and/or producers from countries that have trading agreement with Indonesia.

(2) In case provisions in Common Effective Preferential Tariff Scheme as intended in paragraph (1) is not fulfilled, Antidumping Import Duty as intended in Article 1 is addition import duty charged based on Most Favored Nation (MFN).

Article 4

Antidumping 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

1. This Ministerial Regulation shall be applied for 3 (three) years 6 (six) months since this Ministerial Regulation comes into force.

2. This Ministerial Regulation comes into force on the date of promulgation.

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 October 1, 2012
MINISTER OF FINANCE OF REPUBLIC OF INDONESIA
signed,
AGUS D.W. MARTOWARDOJO