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REGULATION OF THE MINISTER OF TRADE
NUMBER 74/M-DAG/PER/12/2012

CONCERNING
EQUIPMENT OF LENGTH MEASURE, VOLUME MEASURE, WEIGHT MEASURE AND THEIR EQUIPMENTS OF IMPORT ORIGIN

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

Attachment

Considering:

a. that each equipment of length measure, volume measure, weight measure and the equipment that entered and distributed in territory of the Republic of Indonesia should fulfill requirements in accordance with legal meteorological field.

b. that in the framework the effectiveness of monitory on the entry and distribution of Length Measure, Volume Measure, Weight Measure and their Equipment of import origin in the efforts to support the implementation of customers protection, it is necessary to rearrange provisions on the Length Measure, Volume Measure, Weight Measure and their Equipment of import origin;

c. that based on consideration as intended in paragraphs a and b, it is necessary to stipulate Regulation of the Minister of Trade concerning Length Measure, Volume Measure, Weight Measure and their Equipment of Import Origin;

In view of:

1. Law Number 2 of 1981 concerning the Legal Metrology (Statute Book of the Republic of Indonesia Number 11 of 1981, Supplement to Statute Book of the Republic of Indonesia Number 3193);

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. Law Number 8 of 1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia Number 42 of 1999, Supplement to Statute Book of the Republic of Indonesia Number 3821);

4. Law Number 39 of 2008 concerning State Ministries (Statute Book of the Republic of Indonesia Number 166 of 2008, Supplement to Statute Book of the Republic of Indonesia Number 4916);

5. Government Regulation Number 2 of 1985 concerning the Compulsory and Free of Calibrated and/or Recalibrated and Requirements for Length Measure, Volume Measure, Weight Measure and their Equipments (Statute Book of the Republic of Indonesia Number 4 of 1985, Supplement to Statute Book of the Republic of Indonesia Number 3283 );

6. Presidential Decree Number 84/P of 2009 concerning the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree Number 59/P of 2011;

7. Presidential Regulation Number 47 of 2009 concerning the Establishment and Organization of State Ministries as amended by Presidential Decree Number 91 of 2011;

8. Presidential Regulation Number 24 of 2010 concerning the Status, Duties, and Functions of the State Ministries and the Organizational Structure, Duties, and Functions of First Echelon of State Ministries as already amended by Presidential Decree Number 92 of 2011;

9. Regulation of the Minister of Trade Number 50/MDAG/PER/10/2009 concerning Working Unit and Technical Implementation Unit of Legal Metrology;

10. Regulation of the Minister of Trade Number 54/MDAG/PER/10/2009 concerning General Provisions in Import;

11. Regulation of the Minister of Trade Number 08/MDAG/PER/3/2010 concerning Length Measure, Volume Measure, Weight Measure and their Equipments (UTTP) should be Calibrated and Recalibrated;

12. Regulation of the Minister of Trade Number 31/MDAG/PER/7/2010 concerning Organization and Management of Ministry of Trade, as amended by Regulation of the Minister of Trade Number 57/M-DAG/PER/8/2012;

13. Regulation of the Minister of Trade Number 27/MDAG/PER/5/2012 concerning Provisions on the Importer’s Identity Number (API), as amended by Regulation of the Minister of Trade Number 59/M-DAG/PER/9/2012;

DECIDES:

To stipulate:

REGULATION OF THE MINISTER OF TRADE CONCERNING EQUIPMENT OF LENGTH MEASURE, VOLUME MEASURE, WEIGHT MEASURE AND THEIR EQUIPMENTS OF IMPORT ORIGIN

Article 1

In this Ministerial Regulation, what is referred as:

1. Length Measure, Volume Measure, Weight Measure, and their Equipments hereinafter abbreviated as UTTP are length measure, volume measure, weight measure and their equipment as intended in Law Number 2 of 1981 concerning Legal Metrology.

2. UTTP type permit is an approval that state UTTP has fulfill determined technical requirements, so it can be imported into the territory of the Republic of Indonesia.

3. Import is activities to enter goods into customs territory.

4. Importer is a business entity conducting activities to enter goods into the customs territory.

5. UTTP type is the type, brand, or model of UTTP that has certain design, operations, and metrology characteristics.

6. Customs Territory is the territory of the Republic of Indonesia covering land, sea and airspace above it, as well as certain places in the Exclusive Economic Zone and continental shelf in which customs law is applicable.

7. Customs Area is an area with certain limits at seaports, airports, or other place determined for goods traffic completely under the supervision of the Directorate General of Customs and Excise.

8. Technical Requirements are provisions or directions that are technically should be fulfilled in the implementation of UTTP testing within the framework of UTTP Type Permit issuance.

9. Technical Implementation Unit hereinafter abbreviated as UPT is technical implementing element of legal metrology field under the Directorate of Metrology.

10. Testing Laboratory is the laboratory owned by UTP or other accredited testing laboratory by National Accrediting Agency for inspection, testing, and measurement in the framework of UTTP test.

11. Director is a Director of Metrology.

12. Director General is the Director General of Standardization and Consumer Protection.

13. Minister is the minister who held government affairs in the field of trade.

Article 2

(1) Entrepreneur who imports UTTP must has an import permit from the Minister.

(2) Import permit as intended i paragraph (1) in the form of Type Permit for each type of imported UTTP.

(3) UTTP Type as intended in paragraph (1) are listed in Attachement I of this Ministerial Regulation.

Article 3

(1) The Minister has the authority to issue UTTP Type Permit.

(2) The Minister delegates authority to issue UTTP Type Permit to the Director General.

(3) Director General delegates issuance of UTTP Type Permit to the Director.

Article 4

(1) To obtain a UTTP Type Permit, importer must submit a written application to the Director by fulfillng the following requirements:

(2) Director issues UTTP Type Permit within a period of 3 (three) working days since received the complete and correct administrative documents, and equipped with test reports.

(3) Director issues rejection for UPPT Type Permit application within a maximum of 3 (three) working days period from:

(4) Format of UTTP Type Permit application, UPPT Type Permit, and rejection letter for UTTP Type Permit are listed in Attachment II, Attachment III and Attachment IV of this Minsiterial Regulation.

Article 5

(1) To obtain SKHP UTP as intended in Article 4 paragraph (1) b 1, importer should fulfill requirements.

(2) SKHP UTTP as intended in paragraph (1) shall be issued within a maximum of 3 (three) months period since received complete and correct requirements as intended in paragraph (1).

Article 6

(1) SKHP UTTP as intended in Article 4 paragraph (1) b 1 is issued by the UTP based on UTTP test results.

(2) UTTP test as intended in paragraph (1) carried out by the UPT in accordance with the technical requirements.

(3) In case of test can not be performed yet by UPT, test can be done by another domestic testing laboratory that has been accredited and recommended by the Director.

(4) In case of the test can not be performed yet by UPT and domestic testing laboratory, testing can by conducted by testing laboratory abroad.

(5) Testing laboratory abroad as intended in paragraph (4) in the form of testing laboratory that has been accredited by accrediting agency recognized by its state, metrology institute testing laboratory of origin country, or testing laboratory that is able to issue certificates of OIML conformity.

(6) Based on the results of testing conducted by another domestic testing laboratory or testing laboratory abroad, UPT issues SKHP UTTP.

Article 7

(1) For the customs processing, the Director issues Statement of Recapitulation of Import Origin UTTP Type Permits based on UTTP Type Permit as intended in Article 4 paragraph (2).

(2) Statement of Recapitulation of Import Origin UTTP Type Permits as intended in paragraph (1), is used as customs complimentary documents in customs processing in the field of import.

(3) Statement of Recapitulation of Import Origin UTTP Type Permits as intended in paragraph (1) forwarded online to Indonesia National Single Window (INSW) portal.

(4) In case of import of goods through the port that is not connected with the Indonesia National Single Window (INSW), copy of Statement of Recapitulation of Import Origin UTTP Type Permits is manually submitted to the Directorate General of Customs and Excise, Ministry of Finance.

(5) Format of Statement of Recapitulation of Import Origin UTTP Type Permits is listed in Attachment V of this Ministerial Regulation.

Article 8

(1) Importers who imports UTTP and has obtained the Type Permit shall contain or install Type Label at UTTP.

(2) Type Label included or installed before UTTP of import origin is calibrated.

(3) Type Label contains information on:

(4) Type Label included or installed in such way at UTTP, so it is not easy to take, clear and easy to be read.

(5) The type label may not possible be included or installed at UTTP, shall be attached with UTTP.

Article 9

(1) To obtain the Type Label as intended in Article 8, Importer file application to the Director by enclosing:

(2) Type Label is submitted no later than 3 (three) working days after received complete and correct application.

(3) The format of the Type Label application and a statement of using Type Label are listed in Attachments VI and VII of this Ministerial Regulation.

Article 10

(1) UTTP of import origin are in customs area and are not equipped with the UTTP Type Permit must re-exported by the importer in accordance with the regulations in the field of customs.

(2) The cost of re-exported as intended in paragraph (1) is charged to the Importer.

Article 11

(1) Importer who imports UTTP, is exempt from obligation to have a UTTP Type Permit in case to import:

(2) UTTP as intended in paragraphs (1) a and b at the time of entering the territory of the Republic of Indonesia should obtain import approval of the Director of Import based on recommendation of the Director.

Article 12

(1) Importers who import UTTP must submit semester reports of:

(2) The reports as intended in paragraph (1) shall be submitted no later than the 10 of July for the first semester and the 10 of January ensuing year for the second semester.

(3) The report format of the realization to import UTTP and marketing realization of UTTP is listed in Attachment VIII of this Ministerial Regulation.

Article 13

Attachment I up to Attachment VIII are integral part of this Ministerial Regulation.

Article 14

UTTP Type permit already issued before the enactment of this Ministerial Regulation shall remain valid.

Article 15

When this Ministerial Regulation comes into force, Decree of the Minister of Industry and Trade Number 637/MPP/Kep/10/2004 concerning Provisions of UTTP of Import Origin shall be revoked and declared null and void.

Article 16

This Ministerial Regulation shall come into force 1 (one) year since the date of stipulation.

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 14, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA,
signed,
GITA IRAWAN WIRJAWAN