Trade Minister Regulation Number 23/m-Dag/per/6/2009 Year 2009

Original Language Title: Peraturan Menteri Perdagangan Nomor 23/M-DAG/ PER/6/2009 Tahun 2009

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51de4697b0a0e1313233383433.html

BN 231-2009 .doc REPUBLIC INDONESIA No. 231, 2009 the DEPARTMENT OF COMMERCE. Import. Textiles. Manufacturer. The provisions of the REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA number: 23/M-DAG/PER/6/2009 on CONDITIONS of IMPORT of TEXTILE PRODUCTS and TEXTILE with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that with respect to the development of the industry and market of textiles and Textile Products (TPT) in the country that have begun are conducive and in order to maintain and improve the competitiveness of national industrial TPT , the need to reorganize the policy import TPT; b. that based on considerations as referred to in letter a, the Minister of Trade Rules need to be defined; Remember: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad 1938 Number 86); 2. Act No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia number 22 in 1984, an additional Sheet of the Republic of Indonesia Number 3274);

2009, no. 231 2 3. Act No. 7 of 1994 about an endorsement Agreement Establishing The World Trade Organization (agreement of the establishment of the World Trade Organization), (State Gazette of the Republic of Indonesia Number 57 in 1994, an additional Sheet of the Republic of Indonesia Number 3564); 4. Act No. 10 of 1995 on Customs (State Gazette of the Republic of Indonesia Number 75 in 1995, an additional Sheet of the Republic of Indonesia Number 3612) as amended by Act No. 17 of 2006 (State Gazette of the Republic of Indonesia Number 93 in 2006, an additional Sheet of the Republic of Indonesia Number 4661); 5. Act No. 5 of 1999 concerning the prohibition of Monopolies and competition practices are Unhealthy Efforts (the Gazette of the Republic of Indonesia Number 33 of 1999, an additional Sheet of the Republic of Indonesia Number 3806); 6. Act No. 8 of 1999 on the protection of the consumer (State Gazette of the Republic of Indonesia Number 42 in 1999, an additional Sheet of the Republic of Indonesia Number 3821); 7. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade; 8. Presidential Decree Number 194/M in 2004 on the establishment of a United Indonesia Cabinet, as amended by Presidential Decree Number 166/M in 2005; 9. Presidential Regulation No. 9 of 2005 about the position, tasks, functions, Organization, and the work of Ministries of the Republic of Indonesia as amended last presidential regulation Number 20 in 2008;

2009, no. 231 3 10. Presidential Regulation No. 10 in 2005 about the Task And Organizational Unit Echelons I Ministries of the Republic of Indonesia as amended last presidential regulation Number 50 in 2008; 11. The decision of the Minister of industry and trade Number 229/MPP/Kep/7/1997 on general provisions in the field of Import; 12. The decision of the Minister of industry and trade Number 141/MPP/Kep/3/2002 about a special Importer Identifier Number (NPIK) as amended by regulation of the Minister of Commerce number 07/M-DAG/PER/3/2008; 13. Minister of Trade Regulation number 01/M-DAG/PER/3/2005 concerning the organisation of work and the Department of Commerce as amended by regulation of the Minister of Commerce Number 34/M-DAG/PER/8/2007; 14. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2007 on the importer Identification Number (API); 15. Regulation of the Minister of Commerce Number 56/M-DAG/PER/12/2008 on imports of a specific product Provisions; Decide: Define: TRADE MINISTER REGULATION ABOUT The CONDITIONS Of IMPORT Of TEXTILES And TEXTILE PRODUCTS. Article 1 In regulation of the Minister, that is: 1. Textiles and Textile Products, hereinafter abbreviated to TPT, is the fabric sheets and products that use fabric sheets as raw material or helper. 2. Importers of textile Manufacturers, hereinafter referred to as IP-textiles, is the company owner of the Importer Identification Number Manufacturer (API-P) or Limited Importer Identifier Number (API-T) approved for 2009, no. 231 4 TPT import as raw materials and/or the helper needed for the production process. 3. The recommendation is a letter published by the official agency/unit related authorities provide an explanation is technically and not an import permit or approval. 4. the Minister is the Minister of trade. 5. The Director-General is the Director General of foreign trade, Ministry of Commerce. 6. The Director of the import, is the Director of the Directorate General of foreign trade, Ministry of Commerce. Article 2 TPT arranged in this Ministerial Regulation as listed in Annex I who became inseparable part in the regulation of the Minister. Article 3 (1) TPT listed on list of sort 1 to 10 in the annex I of the regulation of the Minister may only be imported by companies that have received recognition as IP-textiles. (2) imported by TPT IP-Textiles as referred to in paragraph (1) only to be used as raw materials or helper for the production process of the industry owned by IP-Textiles are concerned and it is forbidden to use or transferable. Article 4 (1) Each importation TPT listed in Annex I to this regulation of the Minister, must be verified or technical searches in the country of unloading of the goods. (2) the obligation of verification or technical search referred to in subsection (1) does not apply if the annex I of the regulation of the Minister of State of exception from the obligation of verification.

2009, no. 231 of 5 (3) the obligation of verification or technical search referred to in subsection (1) does not apply to IP-Textile that gets convenient Import Export (KITE). Article 5 (1) to gain recognition as a IP-Textiles as stipulated in article 3 paragraph (1), the company in question must apply in writing to the Director with the attach: a. Industrial/business license List Sign industry or other equivalent business license from the technical department/Non Governmental departments: business; b. Special Textile Importer Identification Number and Textile Products (TPT-NPIK); c. Numeric Identifier Importer Manufacturer (API-P) or Limited Importer Identifier Number (API-T); d. Tax Payer Number (NPWP); e. Customs identification numbers (NIK); and f. recommendations of the Director-General of industry, Metal, machinery, textile and light Industry Department, which contains a description of the type and volume of industrial capacity corresponding TPT is concerned. (2) the Director of publishing IP-recognition as a Textiles more than 5 (five) working days since the application was received. Article 6 (1) IP-recognition as a Textile as stipulated in article 5 apply the longest one (1) year and may be extended again. (2) to obtain the extension back recognition as IP-Textiles as referred to in paragraph (1), IP-Textiles in question must submit 2009, no. 231 6 petition for an extension to the Director by attaching the following documents: a. recommendations of the Director-General of industry, Metal, machinery, textile and light Industry Department, which contains a description of the type and volume of industrial capacity corresponding TPT; and b. an original recognition as IP-Textiles that have expires. (3) the recommendations referred to in paragraph (2) letter a is required if the volume of the TPT to be imported in excess of the previous year. Article 7 (1) IP-Textile mandatory report in writing to the Director of each quarterly period counted from the date of publication of the IP-recognition as a Textile. (2) the submission of the report referred to in subsection (1) done good importasinya realized or not realized. (3) the report referred to in subsection (1) delivered the 15th longest in the first month of the next quarter through http://inatrade.depdag.go.id with the report form as contained in annex II that is part of an integral part in the regulation of the Minister. Article 8 (1) implementation of verification or technical search as mentioned in article 4 paragraph (1) will be conducted by surveyors set out by the Minister. (2) verification or technical search referred to in subsection (1) include, among others: a. data or information on the country of the manufacturer of the goods; b. specification of goods which includes a number of postal Tariffs/HS;

2009, no. 231 7 c. Description of goods; d. composition of the ingredients; e. the number; and f. type stuff. (3) the results of a search or technical verification as referred to in subsection (1) by surveyor is poured into the form of the report of the Surveyor (S) to be used as complementary documents customs in the completion of customs import in the field. (4) the implementation of the verification or technical search referred to in subsection (1) the surveyor's fees from importers. Article 9 (1) to be designated as implementing the verification or technical search TPT importation referred to in article 8 paragraph (1), the surveyor must satisfy the following requirements: a. have a business license Services Survey (SIUJS); b. experience as surveyor at least 5 (five) years; and c. has branches or representatives or affiliates in foreign countries. (2) the Surveyor designated as executing a search or verification of technical implementation of import TPT, obliged to convey a written report about the activities of verification or technical search TPT periodically one (1) times in a month. (3) the written report referred to in subsection (2) is submitted to the Director General in this case Director, at the first week of the next month. Article 10 (1) of the processed results of TPT Bonded to elsewhere in the Customs Area shall not apply the provisions of the liability of IP-textiles.


2009, no. 231 8 (2) the processed results of TPT Bonded Area to be included elsewhere in the area of Customs verification obligation applies or technical search as referred to in article 4. (3) TPT processed as intended in paragraph (1) must be verified or technical search by surveyors in the Bonded Area. Article 11 (1) TPT origin import in the free trade area and free port, as well as the origin of the TPT import at bounded warehouse issued to another place in the area of Customs applies the provisions of this regulation of the Minister. (2) origin of the TPT imports as referred to in subsection (1) must be verified or technical search by surveyors in: a. free trade area and free port; or b. the Bonded Warehouse. Article 12 (1) in addition to IP-Textiles as stipulated in article 3, the Minister or the designated official of the Minister may establish other companies to carry out import TPT listed on list of sort 1 to 10 in the annex I of the regulation of the Minister. (2) other companies as referred to in paragraph (1) can only import the TPT to meet the needs of small industry and/or industry that does not implement its own importation TPT. (3) to get the assignment as executor TPT imports as referred to in paragraph (1), the company in question must have: a. recommendations of the Director-General of industry, Metal, machinery, textile and light, the Ministry of industry; and b. the distribution Plan upon the TPT to be imported to meet the needs of small industry and/or industry that does not implement its own importation TPT.

2009, no. 231 9 (4) of the distribution Plan as referred to in paragraph (1) letter b composed based on the order of a small industry of TPT's needs and/or industries that do not carry out importation TPT itself to companies as referred to in paragraph (1). (5) Importation TPT by companies that have earned the designation as executor TPT imports as referred to in subsection (1) is obligated to comply with the verification or technical search as referred to in article 4. Article 13 technical search or verification activities of importation TPT by surveyors as referred to in article 4, article 10, article 11 and article 12 does not diminish the authority of the Directorate General of customs and Excise, the Department of finance to undertake an examination of customs. Article 14 (1) the provisions of this regulation of the Minister does not apply to the import of the TPT are entered into: a. the area Bounded or bounded warehouse that is assigned based on the decision of the Minister of finance; or b. the free trade area and free port; (2) the provisions of this regulation of the Minister does not apply to the import of the TPT is: a. convenience items the Government and other State Institutions; b. convenience items for research and technological development; c. relief items and engineering assistance projects based on Government Regulation number 19 1955 regarding the regulation of the exemption from import duties And Customs Officials and experts Groups Out of the Gentiles; d. items representative of foreign countries and their officials on duty in Indonesia;

2009, no. 231 10 e. goods for the purposes of international agencies with headquarters in charge in Indonesia; f. transfer of goods; g. examples of goods not to be traded; h. promotional items; i. purposes of gift-giving for the purpose of public worship, charitable, social, cultural and/or for the benefit of natural disasters; j. personal belongings of passengers or the crew of the means of transport or passer limits; k. goods that have been exported for the purposes of repairs, workmanship and testing that placed back to Indonesia; b. export goods are rejected by the buyer abroad and then imported back in a quantity equal to the quantity at the time of export; m. goods shipment valued most highly of FOB US $ 1,500.00 through and/or without a courier service using aircraft; or n. goods imported by importers who import facility via the priority. Article 15 (1) recognition as IP-Textiles are frozen when the specified does not implement the obligation of delivering the reports referred to in article 7 as much as 2 (two) times. (2) the freezing of recognition as IP-Textiles can be re-enabled after the concerned carry out again the obligation of delivering the reports referred to in article 7, within a period of 2 (two) months after frozen. (3) Freezing over IP-recognition as a Textile as referred to in paragraph (1) as well as a clotting reactivation recognition as IP-Textiles as referred to in paragraph (2) was conducted by the Director.

2009, no. 231 11 article 16 (1) the recognition of IP as a Textile-repealed in question: a. do not carry out obligations of the report referred to in article 7 is more than 2 (two) times; b. trade in or proven memindahtangankan TPT as stipulated in article 3 paragraph (2); c. change and/or supplement and/or alter the contents listed in document recognition as IP-Textiles; or d. was found guilty by the Court over the crime relating to the abuse of IP-recognition as a Textile. (2) the revocation of the recognition of IP as a Textile as referred to in subsection (1) is carried out by the Director. Article 17 (1) the assignment as executor TPT imports referred to in article 12 is revoked if the corresponding proven trade in or memindahtangankan TPT is not to meet the needs of small industry and/or industry which does not implement its own importation TPT. (2) revocation of designation as executor TPT imports as referred to in subsection (1) is carried out by the Director. Article 18 Importers who import TPT not in accordance with the provisions in the regulations the Minister is penalized in accordance with the provisions of the legislation. Article 19 the Surveyor does not implement the obligations referred to in article 9 paragraph (2) imposed sanctions revocation of designation as a surveyor import TPT.

2009, no. 231 12 article 20 (1) IP-recognition as a Textile that has been issued based on regulation of the Minister of Commerce number 15/M-DAG/PER/5/2008 stated remain valid until expired recognition. (2) the report of the Surveyor (S) that have been published based on Minister of Trade Regulation No. 15/M-DAG/PER/5/2008 stated remains valid until the completion of customs duty (customs clearance) implementation of import of TPT is concerned. Article 21 the appointment as Surveyor who had been issued on the basis of a decision of the Minister of industry and trade Number 307/MPP/Kep/11/2003 about the appointment of Surveyors As Executing a search Or Verification of imported textiles and Technical Textiles Products (TPT) still remain in force for a period of thirty (30) days from the date of the determination of the Ministerial Regulation. Section 22 by the time the ministerial regulation is applicable, the Trade Minister Regulation No. 15/M-DAG/PER/5/2008 about the conditions of the import of textiles and Textile Products, revoked and declared inapplicable. Article 23 further implementation of the provisions of this regulation of the Minister may be assigned by the Director General. Article 24 this Ministerial Regulation comes into force on the date specified.

2009, no. 231 of 13 to let everyone know, ordered this ministerial regulation announcement by its placement in the news of the Republic of Indonesia. Established in Jakarta on June 19, 2009 MINISTER of TRADE of the REPUBLIC of INDONESIA, MARI ELKA PANGESTU Enacted in Jakarta on August 3, 2009 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, MATTOANGIN 2009, no. 231 14 ANNEX RULE SECRETARY of COMMERCE of the REPUBLIC of INDONESIA number: 23/M-DAG/PER/6/2009 date: June 19, 2009 LIST of annex 1. Annex i: list of textile and Textile Products 2. Annex II: report on the realization of the import of textiles and Textile products of the REPUBLIC of INDONESIA, MINISTER of TRADE MARI ELKA PANGESTU 2009, no. 231 15 ANNEX I of the REGULATION of the MINISTER of COMMERCE Safety number: 23/M-DAG/PER/6/2009 date: June 19, 2009 –-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-–-– the LIST of TEXTILES and TEXTILE PRODUCTS No. POSTAL TARIFF DESCRIPTION ITEM DESCRIPTION 1 52.08 s/d 52.11 Woven Fabrics of cotton woven Fabric 52.12 other 2 of cotton. 54.07 Woven Fabrics 3 of synthetic filament yarn, including woven fabrics obtained from materials of heading 54.04 on. Exempt from the obligation of verification of the HS. 5407.20.00.00 HS. 5407.91.00.00 4 s/d 55.12 55.14 Woven Fabrics of synthetic staple fibres, containing 85% synthetic staple fiber or more by weight. Exempt from the obligation of verification of the HS. 5512.21.00.00 HS. 5513.12.00.00 HS. 5513.13.00.00 HS. 5513.19.00.00 HS. 5513.21.00.00 HS. 5513.23.00.00 HS. 5514.11.00.00 HS. 5514.12.00.00 HS. 5514.21.00.00 HS. 5514.22.00.00 HS. 5514.23.00.00 HS. 5514.29.00.00 HS. 5514.30.00.00 5 Woven Fabrics 55.15 other synthetic staple fibers from. 55.16 Woven Fabrics of 6 fibre stapling knockoffs. 7 58.01 Fabric woven chenille fabric and hairy, aside the fabric of heading 58.02 or 58.06. furry Fabrics 60.01 8, including "long feathered" fabrics and terry fabrics, knitted or hooks. 9 60.05 warp knit Fabric (including fabrics made with machine knitting gallon), other than those referred to in heading 60.01 to 60.04 with. 10 60.06 other knitted Fabrics or hooks.


2009, no. 231 16 no. POSTAL TARIFF DESCRIPTION ITEM DESCRIPTION 11 50.07 Woven Fabrics of silk or silk. 51.11 Woven Fabrics 12 of wool or carded fine animal bulu. 51.12 Woven Fabrics 13 of wool or fine animal bulu combed 51.13 Woven Fabrics of 14th fur rough or horsehair. 53.09 Woven Fabrics of 15 lena. Woven Fabrics of 53.10 16 fiber Jutes or from other textile bast fibres of heading 53.03. 53.11 Woven Fabrics 17 from other vegetable textile fibers; woven fabrics of paper yarn. 18 s/d 57.05 57.01 carpets and other textile floor coverings, knit, already so or not yet 19 58.02 Terry towelling and woven terry fabrics, other than fabrics of that sort of post 58.06; tufted textile fabrics, other than products of heading 57.03. 20 58.04 tulle and other net fabrics, not including woven, knitted fabric or hooks; lace in the piece, in strips or in motifs, other than fabrics of heading 60.02 to 60.06 with. 21 wall Tapestry-woven 58.05 hand of the type Gobelins area, Flanders, Aubusson, Beauvais and the like, and worked out with the wall tapestry needle (for example, small spots, trapping a cross), already so or not. Fabric woven Ribbon 58.06 22, other than goods of heading 5807; fabric Ribbon yarns consisting of warp without weft yarn combined with the adhesif (bolduc). Exempt from the obligation of verification of the HS. 5806.32.10.00, HS. 5806.32.90.00, 23 51.04 labels, badges and stuff of that sort of textile materials, in the form of sheets, strips or cut to shape or size, not embroidered. 24 58.08 braids in the piece of cloth; perapih fabric trimmings in the piece, without embroidery, other than knitted or hooks; pompon, tassel and that kind of stuff. Exempt from the obligation of verification of the HS. 5808.90.10.00. 58.09 Woven Fabrics from 25 threads of metal and fabric woven of threads coated metal of heading 56.05, of a kind used in apparel, as furnishing fabrics or for homes or included in the sort, unspecified other post.

2009, no. 233 17 NO. POSTAL TARIFF DESCRIPTION ITEM DESCRIPTION 26 58.10 embroidery in the piece, Cloth strip or motive. 27 Textile Products 58.11 coated in the piece, composed of one or more layers of textile materials put together by way of a woven or otherwise, other than embroidery of heading 58.10 fabric. 59.01 textile Fabric 28 is coated with an adhesive or a substance containing starch, of a kind used for the skin of books or the like; tracing cloth; canvas painting ready to wear; textile fabrics and buckram such rigid type that was used for the base of the hat. 29 59.02 tire yarn from fabric for nylon or other polyamide, polyester or rayon high-power viskose are exempt from the obligation of verification of the HS 5902.10.10.00 HS 5902.10.90.00, HS 5902.20.20.00 HS 5902.20.90.00 59.03 textile Fabrics impregnated 30, coated, covered or laminated with plastics, other than those referred to at heading 59.02. Exempt from the obligation of verification of the HS. 5903.10.10.00, HS. 5903.20.10.00 59.07 textile Fabrics 31 other than impregnated, coated or covered; painted canvas being screen performances, studio background fabrics or the like 32 59.11 Textile Products and articles for technical uses of, specified in Note 7 to this chapter are exempt from the obligation of verification of the HS 5911.31.00.00 HS 5911.32.00.00 HS 5911.90.10.00 HS 5911.90.90.00 33 61.01 Coat length, car-coat, hat, cloak, mantle ceremony anorak (including ski-jackets), wind-cheater, wind-jacket and that kind of stuff, for men or boys knitted, or relationship, other than that referred to in heading 61.03. 34 Coat length 61.02, car-coat, robe hat, cloak, anora k (including ski-jackets), wind-cheater, wind-jacket and that kind of stuff, for ladies and girls, knit or relationship, other than that referred to in heading 61.04. 61.03 35 suits, ensembles, suits, blazers, pants, jumpsuit covered at the front and laced up knee length pants, and shorts (other than swimwear), for men or boys, knit or hooks.

2009, no. 18, NO. 231. POSTAL TARIFF DESCRIPTION ITEM DESCRIPTION 36 61.04 suits, ensembles, suits, blazers, dresses, skirts, skirt, pants, jumpsuit covered at the front and laced up knee length pants, and shorts (other than swimwear), for women or girls, knit or hooks. 37 99 Jersey, pulover, cardigan, vest and that kind of stuff, knit or hooks. 38 61.13 garments, knitted or woven of regard of the heading 59.03, 59.06 or 59.07. 39 61.15 Panty hose, tight, socks and sweatshirts, including long socks for varicose veins and footwear without soles, knitted or hooks. 40 61.16 gloves, mitten and mitts, knitted or hooks. 41 79.26 other Apparel Accessories, knit or hooks; part of the garment or piece of clothing, knitted or hooks. 42 long Coat 62.01, car coat, hat, cloak, mantle ceremony anorak (including ski-jackets), wind-cheater, wind-jacket and that kind of stuff, for men or boys, in addition to that referred to in heading 62.03. 43 long Coat 62.02, car-coat, hat, cloak, mantle ceremony anorak (including ski-jackets), wind-cheater, wind-jacket and that kind of stuff, for women or girls, in addition to that referred to in heading 62.04 44 62.11 Track suits, ski suits and swimwear; other garment. 45 62.15 ties, bow ties and cravats. 46 63.04 other furniture Items, not including referred to in heading 94.04. 47 63.05 sacks and Bags, of a kind used to wrap goods. 48 63.06 tarps, sunshade and sun awning; the tent; screen for boats, surfboards or landcraft; Camping convenience items. 49 63.07 other finished goods including clothing patterns.

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