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REGULATION OF THE MINISTER OF TRADE
NUMBER 72/M-DAG/PER/11/2012

CONCERNING
AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 06/M-DAG/PER/1/2007 CONCERNING VERIFICATION OR TECHNICAL INQUIRY TO IMPORT CERAMIC

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

Considering:

a. that in order to support the effective implementation of policies in the field of imported ceramic and to comply with the establishment of a new goods classification system, it is necessary to amend Regulation of the Minister of Trade Number 06/M-DAG/PER/1/2007 concerning Verification or Technical Inquiry to Import Ceramic as amended by Regulation of the Minister of Trade Number 25/M-DAG/PER/6/2007;

b. that based on the consideration as intended in paragraph a, it is necessary to stipulate Regulation of the Minister of Trade;

In view of:

1. Trade Law 1934 (Statute Book Number 86 of 1938);

2. Law Number 7 of 1994 concerning Ratification of Agreement Establishing The World Trade Organization (Statute Book of the Republic of Indonesia Number 37 of 1994, Supplement to Statute Book of the Republic of Indonesia Number 3564);

3. 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);

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

5. Presidential Decree Number 260 of 1967 concerning Affirmation of Duties and Responsibility of Minister of Trade in the field of Foreign Trade;

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

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

8. Presidential 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 as amended several times, the latest by Presidential Regulation Number 92 of 2011;

9. Regulation of the Minister of Trade Number 06/M-DAG/PER/1/2007 concerning Verification or Technical Inquiry to Import Ceramic as amended by Regulation of the Minister of Trade Number 25/M-DAG/PER/6/2007;

10. Regulation of the Minister of Trade Number 54/M-DAG/PER/10/2009 concerning General Provision in the Field of Import;

11. Regulation of the Minister of Trade Number 31/M-DAG/PER/7/2010 concerning Organization and Work Flow of Ministry of Trade:

12. Regulation of the Minister of Finance Number 188/PMK.04/2010 concerning the Import of Goods are Carried by Passengers, Crew Members of Transportation Means, Border Crossers, and Delivery Goods;

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

14. Regulation of the Minister of Trade Number 27/M-DAG/PER/5/2012 concerning Provisions on Importer’s Identification Number 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 AMENDMENT TO REGULATION OF THE MINISTER OF TRADE NUMBER 06/M-DAG/PER/1/2007 CONCERNING VERIFICATION OR TECHNICAL INQUIRY TO IMPORT CERAMIC

Article I

Several provisions in Regulation of the Minister of Trade Number 06/M-DAG/PER/1/2007 concerning Verification or Technical Inquiry to Import Ceramic as amended by Regulation of the Minister of Trade Number 25/M-DAG/PER/6/2007 shall be amended as follows:

1. Provision of Article 1 shall be amended become as follows:

"Article 1

In this Ministerial Regulation what is referred as:

1. Verification or technical inquiry to import is inspection conducted by surveyor in the country of loading of the imported goods.

2. Ceramic is end products which result from the heat processing of non metal mineral materials, and are classified under Chapter 69 in Goods Classification System Determination.

3. Surveyor is a surveying company which is authorized to conduct the verification or technical inquiry on the imported Ceramic.

4. Country of goods origin is a country which goods are produced.

5. Minister is minister who conducts government affairs in the field of Trade.

6. Director General is Director General of Foreign Trade, Ministry of Trade."

2. Provision of Article 2 shall be amended become as follows:

"Article 2

(1) Each import Ceramic implementation should be conducted import verification or technical inquiry at the port of goods loading.

(2) The provisions as intended in paragraph (1) shall not apply to the entry of Ceramic in the classification with following Tariff Post/HS:

3. Provision of Article 4 shall be amended become as follows:

"Article 4

Surveyor as intended in Article 3 paragraph (1) shall submit a written report on the verification activities each month to the Director General in this case the Director of Import, Ministry of Trade with a copy to the Director General of Manufacturing Industry Base, Ministry of Industry in this case the Director of Downstream Chemical Industry, Ministry of Industry at the first week of the ensuing month."

4. Provision of Article 5 shall be amended become as follows:

"Article 5

(1) On the importation of Ceramic for:

a. goods for the need of government and other state agencies;

b. goods are intended in Regulation Number 19 of 1955 concerning Exception of Import Duty and Export Levy for the Needs of Certain Foreign Official and Experts;

c. goods of foreign countries representatives and their officials who served in Indonesia;

d. goods for the purposes of international agencies and their officials who served in Indonesia;

e. moving goods;

f. sample goods that are not to be traded;

g. promotional goods;

h. purposes of awarding for the purpose of public worship, charity, social, cultural and/or for the interest of natural disaster;

i. personal belongings of passengers or crew of transportation means or border crossers;

j. export goods are rejected by foreign buyers and then re-imported in the same quantity with were exported; or

k. delivery goods through courier companies, courier service or PT. Pos Indonesia with aircraft and maximum value FOB U.S.$ 1,500.00,

are exempted from the provisions of the verification as intended in Article 2 paragraph (1).

(2) The goods as intended in paragraph (1) are prohibited to be traded unless the goods as intended in the paragraph k."

5. Provision of Article 6 shall be amended become as follows:

"Article 6

Verification activities as intended in Article 2 do not diminish the authority of the Directorate General of Customs and Excise, Ministry of Finance to perform customs inspection."

Article II

This Ministerial Regulation shall come into force on the date of promulgation.

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 November 23, 2012
MINISTER OF TRADE OF THE REPUBLIC OF INDONESIA
signed,
GITA IRAWAN WIRJAWAN