REPUBLIC OF INDONESIA STATE NEWS

No. 231, 2009 DEPARTMENT OF COMMERCE. Import. Textile. Manufacturer. Provision

REGULATION OF THE TRADE MINISTER OF THE REPUBLIC OF INDONESIA

NUMBER: 23/M-DAG/PER/6/2009 ON

PROVISIONS OF TEXTILE IMPORTS AND TEXTILE PRODUCTS

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

Weigh: a.

that in connection with the development of the industrial and Textile and Textile Products (TPT) within the country that has begun conducive and in order to maintain and improve the national competitive TPT industry, it needs to reset import policy of TPT;

b. that based on the consideration as referred to in the letter a, it needs to be set by the Trade Minister Regulation;

Given: 1. Bedrijfsreglementerings Ordonnantie 1934 (Staatsblad Of 1938 Number 86);

2. Law No. 5 of 1984 on Industry (State Gazette of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);

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3. Law No. 7 of 1994 on the Enactment Of Agreement Establishing The World Trade Organization (the Approval Of The Establishment Of The World Trade Organization), (sheet Of State Of The Republic Of Indonesia In 1994 Number 57, Additional Sheet Of State Republic of Indonesia No. 3564);

4. Law No. 10 of 1995 on Kepabeanan (Gazette of the Republic of Indonesia in 1995 No. 75, Additional Gazette of the Republic of Indonesia Number 3612) as amended by Law No. 17 of 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);

5. Law Number 5 of 1999 on the Prohibition of Monopoly Practice And Competition Of Unsanitary Efforts (sheet Of State Of The Republic Of Indonesia In 1999 Number 33, Additional Gazette Of The Republic Of Indonesia Number 3806);

6. Law No. 8 of 1999 on Consumer Protection (State Sheet of Indonesia in 1999 No. 42, Additional Gazette of the Republic of Indonesia No. 3821);

7. President Number 260 In 1967's Decision On The Enforcement Of The Task And The Responsibility Of The Minister Of Commerce In The Field Of Foreign Trade;

8. President's decision No. 187 /M of 2004 on the Establishment of the United Indonesia Cabinet, as amended by Presidential Decree No. 171 /M of 2005;

9. President's Law Number 9 of 2005 on Occupation, Duty, Function, Organization, Organization, and Working System of the Ministry of State of Indonesia as amended last with the Presidential Regulation No. 20 of 2008;

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10. The Presidential Decree No. 10 of 2005 on the Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as amended last with the Presidential Regulation No. 50 of 2008;

11. The decision of the Minister of Industry and Trade Number 229/MPP/Kep/7/1997 on the General Terms in the Import field;

12. The decision of the Minister of Industry and Trade Number 141/MPP/Kep/3/2002 on the Number of Special Importers (NPIK) as amended by the Regulation of Trade Minister Number 07 /M-DAG/PER/3/2008;

13. The Regulation of Trade Minister Number 01 /M-DAG/ PER/3/2005 on the Organization and Workforce of the Department of Commerce as amended by the Regulation of Trade Minister Number 34/M-DAG/PER/8/2007;

14. Trade Minister Regulation No. 31 /M-DAG/ PER/7/2007 on Importer Identifiers (API);

15. Regulations of Trade Minister Number 56 /M-DAG/ PER/12/2008 on the Terms of Certain Product Import;

DECIDED:

Establish: The Regulation Of The Minister Of Commerce On The Provisions Of Textile Imports And Textile Products.

Article 1

In Regulation of this Minister, referred to:

1. Textile and Textile Products, subsequently abbreviated to TPT, are sheets of sheets and products that use sheet cloth as a raw material or helper material.

2. Importer Textile Manufacturer, subsequently called IP-Textile, is the company's owner of the Manufacturer Importer Identifier (API-P) or Restricted Importer Identifier (API-T), which is approved for

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importing TPT as the raw materials and/or helper materials required for its production process.

3. A recommendation is a letter issued by an authority/related unit authorized to provide an explanation technically and not an import permit or consent.

4. The Minister is the Minister of Commerce.

5. The Director General is Director General of Foreign Trade, Department of Commerce.

6. Director is the Director of Import, Directorate General of Foreign Trade, Department of Commerce.

Article 2

TPT which is set in this Minister ' s Regulation as set forth in Annex I which is to be part inseparable in the The rules of this Minister.

Article 3

(1) TPT listed on the list of sequence 1 to 10 in Annex I of the Regulation of this Minister can only be imported by the company which has received the Confession as IP-Textile.

(2) TPT imported by IP-Tekstil as referred to in paragraph (1) only to be used as a raw material or helper material for the production process of the industry owned by the IP-Tekstil is concerned and forbidden to embed or transfered.

Article 4

(1) Any importation of TPT listed in Appendix I of this Minister's Regulation, is required to first verify or technical drill in the state of the goods.

(2) The verification obligations or technical callers as referred to in paragraph (1) do not apply if Appendix I of this Minister Regulation states the exception of the verification obligations.

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(3) The verification obligations or technical callers as referred to in paragraph (1) are not applicable to the IP-Textile which is the Export Destination Export facility (KITE).

Section 5

(1) To obtain the Confession as an IP-Textile as referred to in Article 3 of the paragraph (1), the company in question must submit a written request to the Director by attaching it: a. Industry/Industrial Business License or License

Other Business equivalent of the Technical Department/Non-Department Government Institute that enforces such efforts;

b. Specialty Importer Textile and Textile Products (NPIK-TPT);

c. Manufacturer Importer Identifier (API-P) or Limited Importer Identifier (API-T);

d. Tax (NPWP); The identity number of the pabeanan (NIK); and f. Recommendation of the Director General of Industry, Metal,

Machine, Textile and Aneka, Department of Industry containing information regarding the type and volume of TPT as per concerned industrial capacity.

(2) The Director publishes the Confession as IP-Tekstil longest 5 (five) business days since the application is accepted.

Article 6

(1) Confession as IP-Tekstil as referred to in Article 5 applies at least 1 (one) years and may be extended again.

(2) To get an extension of the Confession as an IP-Textile as intended on paragraph (1), the concerned IP-Tekstil must submit

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request extension to the Director by attaching the documents as follows: a. recommendations from the Director General of Industry, Metal,

Machine, Textile and Aneka, Department of Industry containing information about the type and volume of TPT according to the industry's concerned capacity; and

b. original recognition as an expiring IP-Textile.

(3) The recommendation as referred to in paragraph (2) of the letter is required if the volume of TPT to be imported exceeds the previous year.

Section 7

(1) IP-Textile It is required to submit a report in writing to the Director of each quarterly period from the date of the publication of the Confession as IP-Tekstil.

(2) The delivery of the report as referred to in paragraph (1) is performed either of its importation and is not terealized.

(3) The report as referred to in paragraph (1) is delivered the longest of the 15th in the first month of the quarter next through http://inatrade.depdag.go.id by the form of a report as set forth in Appendix II which becomes inseparable in this Minister Regulation.

Article 8

(1) Execution of verification or browsing the technical as referred to in Section 4 of the paragraph (1) is performed by surveyors who set by the Minister.

(2) The verification or technical callers as referred to in paragraph (1) include among others: a. data or information about the country of the maker

item; b. items specifications that include the Post number

Tarif/HS;

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c. description of the item; d. material composition; e. amount; and f. type of goods.

(3) The results of any technical verification or tracing as referred to in paragraph (1) by surveyors are poured into the form of the Surveyor Report (LS) for use as a customs document in the completion of the pabeanan in the import field.

(4) For the conduct of a technical search or verification as referred to in paragraph (1) the surveyor takes the cost of the importer.

Section 9

(1) To be designated as a verification or drill executor. technical importation of TPT as referred to in Section 8 of the paragraph (1), surveyors must meet The requirements are as follows: a. have a Survey of the Survey of Services (SIUJS); b. experienced as a minimum surveyor 5 (five)

years; and c. have a branch or representative or affiliate outside

the country. (2) Surveyors specified as a verification

or a technical search for the import execution of TPT, must submit a written report on the verification activities or the technical browsing of the TPT periodically 1 times in a month.

(3) The written report as referred to in paragraph (2) is delivered to the Director General in this case the Director, in the first week of the next month.

Article 10

(1) TPT processed out of the Tied Area entered into the Elsewhere in the Pabean Region do not apply the terms of the IP-Textile obligations.

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(2) TPT processed from the Bound Region entered elsewhere in the Pabean Region in effect of verification obligations or technical callers as referred to in Section 4.

(3) TPT of processed results as referred to in paragraph (1) must be conducted verification or technical drill by surveyors in the Bound Region.

Article 11 (1) of the import origin in the Free Trade Area and

Free Port as well as TPT of imported origin in the Warehouse. which is issued elsewhere in the Pabean Region applies to the terms of this Minister Regulation.

(2) TPT of imported origin as referred to in paragraph (1) must be verified or technical search by surveyors at: a. Free Trade Area and Free Port;

or b. Warehouse.

Article 12 (1) In addition to the IP-Textile as referred to in Article 3,

The Minister or the Minister appointed Minister may assign another company to carry out the import of TPT listed on the list of ordered 1 to 10 in Appendix I of this Minister Rule.

(2) Other Companies as referred to in paragraph (1) may only import TPT to meet the needs of small and/or industrial industries that do not carry out their own TPT importation.

(3) To obtain the designation as an executor of the TPT as it is referred to in paragraph (1), the company concerned should have: a. Recommendation from the Director General of Industry, Metal,

Machine, Textile and Aneka, Department of Industry; and

b. TPT's top distribution plan that will be imported to meet the needs of small and/or industry industries that do not carry out the importation of TPT itself.

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(4) The distribution plan referred to in paragraph (3) the letter b is compiled based on the TPT requirement order of small industry and/or industry that does not carry out the importation of TPT itself to the company as it is in verse (1).

(5) Importing TPT by a company that has obtained the designation as an executor of TPT as referred to in paragraph (1) is required to meet the verification provisions or technical callers as referred to in Section 4.

Section 13

The verification activities or technical callers of importation of TPT by surveyors as referred to in Section 4, Section 10, Section 11, and Section 12 do not reduce the authority of the Directorate General of Customs and Excise, the Department of Finance to perform customs check.

Article 14

(1) The provisions in this Minister ' s Regulation are not applies to the import of the TPT that is included in: a. Binding Area or Storage Area

specified under the Decree of the Minister of Finance; or

b. The Free Trade Area and the Free Port; (2) The provisions of this Ministerial Regulation do not apply

against the import of TPT which is: a. Government and State Agency requirements

others; b. Research and development items

technology; c. technical assistance and project assistance

based on Government Regulation Number 19 of 1955 on the Liberation of Customs and Customs Enforcement Act Certain Foreign Experts;

d. The foreign country's representative goods and its officials are in charge of Indonesia;

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e. items for the purposes of the International Agency and its officials on duty in Indonesia;

f. A moving item; g. example items that are not to be traded; h. a promotional item; i. the purpose of giving gifts for the purpose of worship

general, charity, social, cultural and/or for the benefit of natural disasters;

j. Private property of passengers or crew means of transport or border crossing;

k. items that have been exported for the purpose of repair, work and testing entered into Indonesia;

l. Export items rejected by overseas buyers were then reimported in quantity equal to the quantity at the time exported;

m. The highest value delivery item of FOB US$ 1,500.00 through and/or without courier services by using an aircraft; or

n. items imported by importers who get imported facilities through priority paths.

Section 15

(1) Recognition as IP-Textile is frozen if concerned do not carry out the report of the report as referred to in Article 7 as much as 2 (two) times.

(2) Freezing Confession as IP-Tekstil can be reactivated after the concerned re-perform the report as referred to in Article 7, in time 2 (two) months after being frozen.

(3) Freezing over Confession as IP-Textile as set forth in paragraph (1) as well as the reactivation of the recognition of the Confession as an IP-Tekstil as referred to in paragraph (2) performed by the Director.

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Article 16

(1) Confession as IP-Tekstil revoked if it is concerned: a. not implement the obligation to deliver

the report as referred to in Article 7 more than 2 (two) times;

b. evidently to buy or transfer TPT as referred to in Section 3 of the paragraph (2);

c. changes and/or adds to and/or replaces the contents listed in the recognition document as IP-Tekstil; or

d. was found guilty by the court of criminal acts related to the abuse of recognition as IP-Textile.

(2) The revocation of the recognition as an IP-Textile as referred to in paragraph (1) is conducted by the Director.

Section 17

(1) The provisions of the import of TPT as referred to in Section 12 are revoked if it is concerned evidently to buy or transfer TPT instead to meet the needs of the small industry and/or industry that does not carry out the importation of TPT itself.

(2) Revocation of designation as the importing of TPT as referred to in verse (1) is performed by the Director.

Section 18

Importers importing TPT which is not in accordance with the provisions in the Regulation of this Minister imposed sanctions pursuant to the provisions of the laws.

Article 19

Surveyors that do not carry out the obligations as referred to in Article 9 of the paragraph (2) are subjected to the revocation of the designation as the import surveyor of TPT.

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Article 20

(1) Recognition as IP-Tekstil which has been issued under the Regulation of Trade Minister Number 15/M-DAG/PER/5/2008 is stated to remain in effect until the expiration of the recognition such.

(2) The Surveyor Report (LS) which has been published under the Regulation of the Trade Minister Number 15/M-DAG/PER/5/2008 is stated to remain in effect until the completion of the customs obligation (customs clearance) import execution TPT is concerned.

Article 21

The appointment as Surveyor which has been issued under the Decree of Minister of Industry and Trade Number 307/MPP/Kep/11/2003 on Appointment Surveyor As Executor Verification Or Technical Tracing Of Textile Imports and Textile Products (TPT) still applies to Thirty (thirty) days from the date of the Ordinance of this Minister.

Section 22

At the time the Regulation of the Minister is in effect, Trade Minister Regulation Number 15/M-DAG/PER/5/2008 on the Conditions of Import Textiles and Products Textiles, revoked and declared not in effect.

Article 23

Conditions further implementation of the Regulation of this Minister may be set by the Director General.

Article 24

The rules of the Minister are beginning to apply at the designated date.

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For each person to know, ordered the announcement of the Regulation of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 19 June 2009 MINISTER OF COMMERCE REPUBLIC OF INDONESIA, MARI ELKA PANGESTU

Enundfiled in Jakarta on 3 August 2009 MINISTER FOR LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, ANDI MATTALATTA

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ANNEX REGULATIONS MINISTER OF TRADE REPUBLIC OF INDONESIA NUMBER: 23/M-DAG/PER/6/2009 DATE: 19 June 2009

LIST OF ATTACHMENTS

1. Appendix I: List of Textiles and Textile Products

2. Appendix II: Report of Realization Of Textile Imports and Textile Products

MINISTER OF COMMERCE OF THE REPUBLIC OF INDONESIA,

MARI ELKA PANGESTU

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ANNEX I REGULATIONS MINISTER TRADING R.I. NUMBER: 23/M-DAG/PER/6/2009 DATE: 19 June 2009

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POS

TARIFF DESCRIPTION DETAILS

1 52.08 s/d 52.11

The fabric is woven from cotton

2 52.12 Other woven fabrics from cotton. 3 54.07 The woven fabrics of the synthetic filament thread,

including woven fabrics obtained from the material on the 54.04 post.

Excluded from HS verification obligations. 5407.20.00.00 HS. 5407.91.00.00

4 55.12 s/d 55.14

The woven fabric of the synthetic staple fiber, contains a synthetic stabilised fiber of 85% or more according to its weight.

excluded from HS verification obligations. 5512.21.00.00 HS. 5513.12.00.00 HS. 5513.13.00.00 HS. 5513.21.00.00 HS. 5514.11.00.00 HS. 5514.12.00.00 HS. 5514.21.00.00 HS. 5514.22.00.00 HS. 5514.2300.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.29.00.00 HS. 5514.

5 55.15 Other woven fabrics of the synthetic stapel fiber.

6 55.16 The woven fabric of the fiber stab is a knockoff. 7 58.01 The furry weave fabric and chenille fabric, in addition to the fabric

of the post 58.02 or 58.06.

8 60.01 Hairy fabrics, including "long feathery" fabric and terry cloth, knitted or bearing.

9 60.05 The exclusion of the exclusion Shock (including the fabric made with the gallon knitting machine), other than the one referred to in post 60.01 until with 60.04.

10 60.06 The fabric of knitted or other connection.

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NO. POS

TARIFF DESCRIPTION DETAILS

11 50.07 The woven cloth of silk or the rest of the silk. 12 51.11 woven fabrics of wool or fine animal fur

digaruk.

13 51.12 The woven cloth of wool or fine animal fur is combed

14 51.13 The woven cloth of the rough animal fur or horse plumes.

15 53.09 The woven fabric of the lena. 16 53.10 The woven fabric of the jute fiber or from the fiber

other tree bark textiles from the post 53.03.

17 53.11 The woven fabric of other nabati textile fibers; woven fabric of the paper thread.

18 57.01 s/d 57.05

Karpet and other textile floor coverings, knitted, already so or not

19 58.02 Terry towelling and such woven woven fabrics, in addition to the ribbon cloth of the 58.06 post; the textile fabric berumbai, in addition to the product of the post 57.03.

20

58.04 The fabric of tule and other mesh, excluding woven fabrics, knitted or related links; lace in sheets, strips or motifs, in addition to cloth from posts 60.02 to up to 60.06.

21 58.05 The hand-woven wall tapestries of the types of Gobelin, Flander, Aubusson, Beauvais and the like, and wall tapestries were worked with needles (for example, small specks, cross-rafting), already as well as not.

22 58.06 The fabric of woven tape, in addition to the goods from the post 5807; the ribbon fabric consists of an exclusion thread without the thread of the feed coupled with the adhesive (bolduc).

Excluded from HS verification obligations. 5806.32.10.00, HS. 5806.32.90.00,

23 58.07 Label, badge and such goods of textile materials, in sheet form, strip or cut into shape or size, are not embroified.

24 58.08 The fabric is in sheet; the fabric of the sheet is a sheet, without embroification, in addition to knitting or hooks; jumbai, pompon and such goods.

Excluded from the verification obligation of HS.5808.90.10.00.

25 58.09 The woven fabric of the metal thread and woven fabric of the thread is coated in metal from pos56.05, of the kind used in clothing, as a fabric of home furnishings or for the purposes or included in that sort, not detailed post Other.

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NO. POS

TARIFF DESCRIPTION DETAILS

26 58.10 The fabric of the embroiers in sheets, strips or motifs. 27 58.11 textile products are coated in sheets,

compiled from one or more layers of textile materials united by means of intertwined or otherwise, in addition to a custom cloth from pos58.10.

28 59.01 textile fabrics are coated with adhesives or substances containing starch, of the type used for the skin of books or the like; the fabric is canned; the canvas painted ready to wear; the buckram and the rigid textile fabric are the kind used for the base of the cap.

29 59.02 Cain for tires from nylon thread or other polyamide, polyester or high powered viscose rayon

excluded from HS verification obligations 5902.10.00 HS 5902.10.90.00, HS 5902.20.20.00 HS 5902.20.90.00

30 59.03 The textile fabrics are infused, coated, covered or laminated with plastic, in addition to the one referred to post 59.02.

Excluded from HS verification obligations. 5903.10.10.00, HS. 5903.20.10.00

31 59.07 The fabric of textiles other than infused, coated or covered; the canvas was painted into a performing screen, a studio background fabric or similar

32 59.11 Product and textile goods for technical use, detailed in Note 7 of this Chapter

Excluded from the verification obligations of HS 5911.31.00.00 HS 5911.32.00.00 HS 5911.90.10.00 HS 5911.90.00

33 61.01 Mantel length, car-coat, coat-hat, robe, anorak (including jaket-ski), wind-cheater, wind-jacket and Such goods, for men or boys, knitted or related, other than those referred to in post 61.03.

34 61.02 Long Mantel, car-coats, robes of hats, robes, anora k (including jaket-ski), wind-cheater, wind-jacket and such goods, for women and girls, knitting or bearing, other than the one referred to in post 61.04.

35 61.03 Seate, ensemble, suit, blazer, trousers, front covering and laces, trousers up to knee and shorts (in addition to swimwear), for men or boys, knitted or related.

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NO. POS

TARIFF DESCRIPTION

36 61.04 Suit, ensemble, suit, blazer, dress, skirt, skirt

separate, long trousers, front-covering channel wear, trousers up to knee and pants short (in addition to swimwear), for women or girls, knitted or related.

37 61.10 Jersey, pulover, cardigan, vest and such goods, knitted or related items.

38 61.13 Garmen, made of knitted cloth or The link from post 59.03, 59.06 or 59.07.

39 61.15 Panty hose, tight, socks and other jerseys, including long socks for sufferers and footwear without sol, knitted or connection.

40 61.16 Sarung hands, mitten and mitt, knitted or link.

41 61.17 Accessory clothing so other, knitted or related; part of the garment or part of the garment, knitting or connection.

42 62.01 Mantel long, car coat, robe-hat, cloak, anorak (including ski jacket) wind-cheater, wind-jacket and stuff like that, for men or boys, other than the intended Heading 62.03.

43 62.02 Long-mantel, car-coat, coat-hat, cloak, anorak (including ski jacket), wind-cheater, wind-jacket and stuff like that, for women or girls, other than that referred to in post 62.04

44 62.11 Track suit, ski suit and swimwear; other garmen.

45 62.15 Dasi, bow tie and cravat. 46 63.04 Other furniture items, excluding the

referred to in post 94.04.

47 63.05 Kantong and sacks, of the kind used to wrap items.

48 63.06 Terpal, awning and sun kerai; tent; screen for boat, surfboard or landcraft; camping trip goods.

49 63.07 Other things, including clothing patterns.

2009, No. 231 19

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