to Indonesian
a. that based on provision in Article 70 of Government Regulation Number 34 of 2011 concerning Anti Dumping Measure, Counter Measure, and Trade Safety Measure, imported goods can be charged Import Duty and can be charged Safeguard Measure in the form of Safeguard Measure Import Duty;
b. that based on provision in Article 80 paragraph (1) of Government Regulation Number 34 of 2011 concerning Anti Dumping Measure, Counter Measure, and Trade Safety Measure, in the investigation period, Indonesia Committee on Trade Safeguard (KPPI) may recommend to the Minister of Trade to impose Temporary Safeguard Measure in case of recovery of domestic industry injury is difficult for the late imposition of Safeguard Measure
c. that based on the result of an investigation conducted by the Indonesian Committee on Trade Safeguard (KPPI), it recommends to impose Temporary Safeguard Measure Import Duty on the import of wheat flour;
d. that based on investigation of Indonesian Committee on Trade Safeguard (KPPI) as intended in paragraph c, Minister of Trade through letters Number 1696/M-DAG/SD/11/2012 dated November 13, 2012 and Number 1753/M-DAG/SD/11/2012 dated November 21, 2012, propose Imposition of Temporary Safeguard Measure on the import of Wheat Flour;
e. that based on consideration as intended in paragraphs a, b, c, and d, as well as 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 and Article 81 paragraph (7) of Government Regulation Number 34 of 2011 concerning Anti Dumping Measure, Counter Measure, and Trade Safety Measure, it is necessary to stipulate Regulation of the Minister of Finance concerning the Imposition of Temporary Safeguard Measure Import Duty on the Import of Wheat Flour;
1. Law Number 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia Number 57 of 1994, Supplement to Statute Book of the Republic of Indonesia Number 3564);
2. Law Number 10 of 1995 concerning Customs (Statute Book of the Republic of Indonesia Number 75 of 1995, Supplement to Statute Book of the Republic of Indonesia Number 3612) as amended by Law Number 17 of 2006 (Statute Book of the Republic of Indonesia Number 93 of 2006, Supplement to Statute Book of the Republic of Indonesia Number 4661);
3. Government Regulation Number 34 of 2011 concerning Anti Dumping Measure, Counter Measure, and Trade Safety Measure (Statute Book of the Republic of Indonesia Number 66 of 2011, Supplement to Statute Book of the Republic of Indonesia 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;
1. Letter of the Minister of Trade Number 1753/M-DAG/SD/11/2012 dated November 21, 2012 with subject the Imposition of Temporary Safeguard Measures Import Duty (BMTPS) on the Importation of Wheat Flour (HS. 1101.00.10);
2. Letter of the Minister of Trade Number 1696/M-DAG/SD/11/2012 dated November 13, 2012 with subject Proposes the Imposition of Temporary Safeguard Measures Import Duty (BMTPS) on the import of "Wheat Flour (HS. 1101.00.10)";
3. Report of Indonesian Committee on Trade Safeguard on the Investigation and Recommendation on the Imposition of Temporary Safeguard Measure Import Duty on the Import of Wheat Flour (HS. 1101.00.10);
REGULATION OF THE MINISTER OF FINANCE CONCERNING THE IMPOSITION OF TEMPORARY SAFEGUARD MEASURE IMPORT DUTY ON THE IMPORT OF WHEAT FLOUR
On the import of wheat flour under the tariff post 1101.00.10.10 and 1101.00.10.90 are imposed Temporary Safeguard Measure Import Duty.
Rate of Temporary Safeguard Measure Import Duty as intended in Article 1 is 20% (twenty percent) of import value.
Temporary Safeguard Measure Import Duty as intended in Article 1 shall be imposed on the importation from all countries except on the goods as intended in Article 1 are produced in the countries as stated in Attachment that is an integral part of this Ministerial Regulation.
(1) Imposition of Safeguard Measures 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 shall be Most Favored Nation.
The import of goods as intended in Article 1 from countries excepted from the imposition of Safeguard Measures Import Duty as intended in Article 3 and from countries has trading cooperation with Indonesia as intended in Article 4 paragraph (1) b, importer shall submit Certificate of Origin.
Provisions of Safeguard Measures Import Duty Tariff as intended in Article 2, shall apply to the importations of goods whose import customs notification have secured registration number from the Customs Office at the port of entry since effective date of this Ministerial Regulation.
1. Imposition of Temporary Safeguard Measure Import Duty based on this Ministerial Regulation is effective for 200 (two hundred) days since effective date of this Ministerial Regulation.
2. This Ministerial Regulation shall come into force from the date of stipulation.
For public cognizance, this Ministerial Regulation shall be promulgated by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on December 5, 2012
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA
signed,
AGUS D.W. MARTOWARDOJO