REGULATION OF THE MINISTER OF FINANCE
No. 196/PMK.011/2010
CONCERNING
IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF POLYESTER STAPLE FIBER FROM INDIA, PEOPLE REPUBLIC OF CHINA, AND TAIWAN
BY GRACE OF THE ALMIGHTY GOD
THE MINISTER OF FINANCE,
Considering:
- a. that, based on provisions in Article 2 of Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensatory Surcharge, importing goods can be charged Import Duty and can be charged Anti Dumping Import Duty in case those goods export price make injury to domestic industry that produces same kind of goods;
- b. that based on investigation result of Indonesia Anti Dumping Committee, there is evidence of imported Polyester Staple Fiber with dumping price from India, People Republic of China, and Taiwan that make injury to domestic industry in causal link between dumping and injury of domestic industry, so it is needed to impose Anti Dumping Import Duty on the import of Polyester Staple Fiber from India, People Republic of China, and Taiwan;
- c. that based on consideration as intended in a and b, and in the framework to implement provisions in Article 23D paragraph (2) of Law Number 10 of 1995 concerning Customs as amended by law No. 17/2006, it is necessary to stipulate Regulation of the Minister of Finance concerning Imposition of Anti Dumping Import Duty on the Import of Polyester Staple Fiber from India, People Republic of China, and Taiwan;
In view of:
- 1. Law No. 7/1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book No. 57/1994, Supplement to Statute Book No. 3564);
- 2. Law No. 10/1995 concerning Customs (Statute Book No. 75/1995, Supplement to Statute Book No. 3612) as amended by Law No. 17/2006 (Statute Book No. 93/2006, Supplement to Statute Book No. 4661);
- 3. Government Regulation No. 34/1996 concerning Anti Dumping Import Duty and Compensatory Surcharge (Statute Book No. 51/1996, Supplement to Statute Book No. 3539);
- 4. Presidential Decree No. 56/P/2010;
Observing:
- 1. Letter of the Minister of Trade No. 679/M-DAG/SD/5/2010 dated May 25, 2010 with subject Proposal for Imposition Anti Dumping Import Duty on imported Polyester Staple Fiber from India, People Republic of China, and Taiwan, follow up by Letter from Secretary General of Ministry of Trade No. 686/SJ-DAG/SD/6/2010 dated June 29, 2010;
- 2. Final Disclosure of Indonesia Anti Dumping Committee about Anti Dumping Investigation on Imported Polyester Staple Fiber (HS: 5503.20.00.00) from India, People Republic of China and Taiwan;
HAS DECIDED:
To Stipulate:
REGULATION OF THE MINISTER OF FINANCE CONCERNING IMPOSITION OF ANTI DUMPING IMPORT DUTY ON THE IMPORT OF POLYESTER STAPLE FIBER FROM INDIA, PEOPLE REPUBLIC OF CHINA, AND TAIWAN
Article 1
On the imported Polyester Staple Fiber of synthetic staple Fiber from Polyester, not be combed, or other process, to be spun, in heading 5503.20.00.00 from India, People Republic of China, and Taiwan is imposed Anti Dumping Import Duty.
Article 2
Origin Country, exporter and/or producer of goods are imposed Anti Dumping Import Duty as intended in Article 1, and rate of Anti Dumping Import Duty are as follows:
| No. |
Origin Country of Goods |
Eksporter/Producer |
Rate of Anti Dumping Import Duty in Percent (%) |
| 1 |
India; |
a. Reliance Industries Limited |
5,82 |
| b. Ganesh Polytex Limited |
16,67 |
| c. Other Exporters/Producers |
16,67 |
| 2 |
Republik Rakyat Tiongkok; |
a. zhangjiagang Chengxin chemical Fiber Co. Ltd. |
0 |
| b. Jiangyin Hailun Chemical Fiber Co. Ltd. |
0 |
| c. Huvis Sichuan Corporation |
0 |
| d. Jinjiang Kwan Lee Co. Ltd. |
0 |
| e. Nanyang Textile Co. Ltd. |
0 |
| f. Other Exporters/Producers |
11,94 |
| 3 |
Taiwan |
All Exporters/Producers |
28,47 |
Article 3
(1) Imposition of Anti Dumping Import Duty as intended in Article 1 is addition Import Duty that is imposed based on Preferential Import Duty tariff scheme for exporters and/or producers from countries that have trading cooperation with Indonesia.
(2) In case Preferential Import Duty tariff scheme is not fulfilled, imposition of Anti Dumping Import Duty as intended in Article 1 is addition import duty imposed based on General Import Duty/Most Favoured Nation (MFN).
Article 4
Anti Dumping Import Duty Tariff as intended in Article 2, shall apply to the import of goods whose import customs notification of Polyester Staple Fiber 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 Regulation of the Minister of Finance shall come into force from the date of stipulation.
(2) This Regulation of the Minister of Finance effective for 5 (five) years since effective date of this Regulation of the Minister of Finance as intended in paragraph 1.
For public cognizance, the regulation shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On November 23, 2010
THE MINISTER OF FINANCE
signed,
AGUS D.W. MARTOWARDOJO