to Indonesian
a. that to create a more conducive business climate and improve the competitive edge of the national tyres industry, it is necessary to arrange on the import of tyres by a technical verification or trace; .
b. that based on the consideration as intended in a, it is necessary to stipulate a Regulation of the Minister of Trade;
1. Trade Law 1934 (Statute Book of the Republic of Indonesia No. 86/1938);
2. Law No. 5/1984 concerning Industrial (Statute Book of the Republic of Indonesia No. 22/1984, Supplement to Statute Book of the Republic of Indonesia No. 3274);
3. Law No. 7/1994 concerning the Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia No. 57/1994, Supplement to Statute Book of the Republic of Indonesia No. 3564);
4. 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 of the Republic of Indonesia No. 93/2006, Supplement to Statute Book of the Republic of Indonesia No. 4661);
5. Law No. 5/1999 concerning Anti Monopoly and Unsound Business Competition (Statute Book of the Republic of Indonesia No. 33/1999, Supplement to Statute Book of the Republic of Indonesia No. 3806);
6. Law No. 8/1999 concerning Consumer Protection (Statute Book of the Republic of Indonesia No. 42/1999, Supplement to Statute Book of the Republic of Indonesia No. 3821);
7. Presidential Decree No. 260/1967 concerning the Affirmation of Tasks and Responsibilities of the Minister of Trade in the Foreign Trade Sector;
8. Presidential Decree No. 84/P/2009 concerning the Formation of the United Indonesia Cabinet II as has been amended by Presidential Decree No. 59/P/2011;
9. Presidential Regulation No. 47/2009 concerning Establishment and Organization of State Ministries as amended by Presidential Regulation No. 76/2011;
10. Presidential Regulation No. 24/2010 concerning Position, Task, and Function of State Ministries as well as Organization Structure, Task and Function of First Echelon of State Ministries as amended by Presidential Regulation No. 67/2010;
11. Regulation of the Minister of Trade No. 28/M-DAG/PER/6/2009 concerning Provision of the Licensing Service of Export and Import by using Electronic System through INATRADE in the Framework of Indonesia National Single Window;
12. Regulation of the Minister of Trade No. 45/M-DAG/PER/9/2009 concerning Importer's Identity Number (API) as amended several times, the latest by Regulation of the Minister of Trade No. 20/M-DAG/PER/7/2011;
13. Regulation of the Minister of Trade No. 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade;
REGULATION OF THE MINISTER OF TRADE CONCERNING THE TECHNICAL VERIFICATION OR TRACE ON THE IMPORT OF TYRES.
In this Ministerial Regulation:
1. Tyres are parts of motorized vehicle, produced from mixed of natural rubber and synthetic rubber, in the Heading/HS 4011;
2. Import Technical Verification or Trace is technical inspection activities on the import product in loading port of goods, conducted by surveyor.
3. Surveyor is a survey company authorized to conduct technical verification or trace on imported products.
3. Minister is the minister whose does government administration in the trade sector.
4. Director General is the Director General of Foreign Trade, Ministry of Trade.
(1) Any importation of tyres shall be subject to prior technical verification or trace in the country of origin where the goods are to be loaded.
(2) Tyres as intended in paragraph (1) are stated in Attachment that is an integral part of this Ministerial Regulation.
(1) The Technical Verification or Trace of import as intended in Article 2 shall be conducted by Surveyors appointed by the Minister.
(2) The technical verification or trace of import as intended in paragraph (1) shall cover:
(3) The surveyor shall put inspection marks as a result of Technical Verification or Trace of Import in the form of seals on containers of Full Container Load (FCL) type or surveyor inspection marks in the form of labels on goods or containers of other types.
(4) The results of Technical Verification or Trace of Import as intended in paragraph (1) shall be put by the surveyor on a surveyor report (LS) used as a complement to customs document in the import field.
(5) The surveyor collects fees from the importer in connection with the Technical Verification or Trace as intended in paragraph (1).
(1) To conduct Technical Verification or Trace of the Import of Tyres, the surveyor shall meet the following qualifications:
(2) The surveyor as intended in Article 3 paragraph (1) shall convey a written report on the Technical Verification or Trace of the Import of Tyres once every month.
(3) The written report as intended in paragraph (2) shall be conveyed to the Director General in this case the Import Director, Ministry of Trade with a copy to the Director General of Manufacture Base Industry in this case the Director of Downstream Chemical Industry, Ministry of Industry in the first week of the ensuing month.
(1) This Ministerial Regulation does not apply to the import of tyres to:
(2) This Ministerial Regulation does not apply to the import of tyres which constitutes:
(3) Goods as intended in paragraph (2) are prohibited to be traded.
(1) Tyres of import origin released from Special Economics Zone, and Free Trade Zone and Free Port to other place in the customs area shall follow this Ministerial Regulation.
(2) The tyres of import origin as intended in paragraph (1) shall be subject to prior Technical Verification or Trace by the Surveyor in the area where the said goods are found.
The Technical Verification or Trace of the Import of Tyres by the Surveyor as intended in Article 3 shall not reduce the authority of the Directorate General of Customs and Excise, Finance Ministry, to conduct a customs audit.
(1) Tyres importers that violate provisions in Article 2 shall get a sanction by revoke their importer's identification number (API) and/or other sanctions according to the law and regulation.
(2) Surveyors that do not convey reports as intended in Article 4 paragraph (2) twice within a period of 6 (six) months shall be subject to a sanction by revoke their permit to conduct Technical Verification or Trace of the Import of Tyres.
Further provisions needed to implement this Ministerial Regulation may be stipulated by the Director General.
(1) LS as a complement to customs document in the customs settlement in the import sector as intended in Article 3 paragraph (4) shall began to take effect 60 (sixty) days after this Ministerial Regulation has been stipulated.
(2) LS as intended in paragraph (1) is evidenced with customs document in the form of manifest (BC.1.1.).
This Ministerial Regulation shall come into force on January 1, 2012.
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 13, 2011
THE MINISTER OF TRADE,
signed,
GITA IRAWAN WIRJAWAN