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REGULATION OF THE MINISTER OF FINANCE
NUMBER 208/PMK.011/2012

CONCERNING
DETERMINATION OF IMPORT DUTY RATES IN THE FRAMEWORK OF ASEAN TRADE IN GOODS AGREEMENT (ATIGA)

BY THE GRACE OF ALMIGHTY GOD
THE MINISTER OF FINANCE,

Attachment

Considering:

a. that in the framework to support implementation of ASEAN Trade In Goods Agreement (ATIGA) that has ratified by Presidential Regulation Number 2 of 2010 concerning Ratification of ASEAN Trade In Goods Agreement, it is stipulated Regulation of the Minister of Finance Number 128/PMK.011/2010 concerning Determination of Import Duty Rates on the Imported Goods in the Framework of ASEAN Trade In Goods Agreement (ATIGA);

b. that based on Regulation of the Minister of Finance Number 213/PMK.011/2011 concerning Determination the System of Goods Classifying and Charging Duties on Imported Goods, it is necessary to adjust Regulation of the Minister of Finance Number 128/PMK.011/2010 concerning Determination of Import Duty Rates on the Imported Goods in the Framework of ASEAN Trade In Goods Agreement (ATIGA);

c. that based on Letter of the Minister of Trade Number 1528/M-DAG/SD/10/2012 with subject Request to Issue Regulation of the Minister of Finance (PMK) in the framework of ASEAN Trade In Goods Agreement (ATIGA) based on Harmonized System (HS) 2012, it is proposed to adjust determination of goods classifying and charging duties on imported goods on the imported goods in the framework of ASEAN Trade In Goods Agreement (ATIGA);

d. that based on consideration as intended in paragraph a, paragraph b, and paragraph c above, as well as in the framework to implement provision in Article 13 paragraph (2) and Article 14 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 Determination of Import Duty Rate on Imported Goods in the Framework of ASEAN Trade In Goods Agreement (ATIGA);

In view of:

1. Law Number 7 of 1994 concerning Ratification of 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. Presidential Regulation Number 2 of 2010 concerning Ratification of ASEAN Trade In Goods Agreement;

4. Regulation of the Minister of Finance Number 213/PMK.011/2011 concerning Determination the System of Goods Classifying and Charging Duties on Imported Goods;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING DETERMINATION OF IMPORT DUTY RATES IN THE FRAMEWORK OF ASEAN TRADE IN GOODS AGREEMENT (ATIGA)

Article 1

(1) To determined rate of import duty on the import of goods from ASEAN member countries, they are Brunei Darussalam, Cambodia, Laos, Malaysia, Myanmar, Philippine, Singapore, Thailand, and Vietnam, in the framework of ASEAN Trade In Goods Agreement (ATIGA), as listed in Attachment of this Ministerial Regulation that is an integral part of this Ministerial Regulation.

(2) The rate of import duty as intended in paragraph (1) shall be determined with the provisions as follows:

• a. Determination rate of import duty as listed in column (5), column (6), and column (7), of Attachment of this Ministerial Regulation, is rate of import duty in the framework of ASEAN Trade In Goods Agreement (ATIGA) on the imported goods from all member countries.
• b. Determination rate of import duty as list in column (5) of Attachment of this Ministerial Regulation applies since January 1, 2013 up to December 31, 2013.
• c. Determination rate of import duty as list in column (6) of Attachment of this Ministerial Regulation applies since January 1, 2014 up to December 31, 2014.
• d. Determination rate of import duty as list in column (7) of Attachment of this Ministerial Regulation applies since January 1, 2015

Article 2

Imposition of import duty based on determination of import duty rate as intended in Article 1 by following provisions:

• a. Import duty rate in the framework of ASEAN Trade In Goods Agreement (ATIGA) less than general import duty rate only be charged to import duty of goods that has Certificate of Origin (Form D) that was signed by official in duty in related countries;
• b. Importer should attach Certificate of Origin (Form D) reference number as intended in paragraph a and facility code in the framework of ASEAN Trade In Goods Agreement (ATIGA), at notification of imported goods;
• c. Original of Certificate of Origin (Form D) in the framework of ASEAN Trade In Goods Agreement (ATIGA) as intended in paragraph a, shall be submitted by the importer when submitted notification of imported goods at Customs Office of entry port; and
• d. In case of general import duty rate is less than import duty rate in the framework of ASEAN Trade In Goods Agreement (ATIGA) as listed in Attachment of this Ministerial Regulation, general import duty rate is applied.

Article 3

Provisions in this Regulation of the Minister of Finance is effective to the imported goods that import customs notification documents got registration number from Customs Office of entry port.

Article 4

When this Ministerial Regulation comes into force, Regulation of the Minister of Finance Number 128/PMK.011/2010 concerning Determination of Import Duty Rates on the Imported Goods in the Framework of ASEAN Trade In Goods Agreement (ATIGA), shall be revoked and declared null and void.

Article 5

This Ministerial Regulation shall come into force on January 1, 2013.

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 17, 2012
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,
signed,
AGUS D.W. MARTOWARDOJO