STATE NEWS
REPUBLIC OF INDONESIA
INDONESIAN REPUBLIC OF INDUSTRY MINISTER REGULATION
NUMBER: 43/M-IND/PER/7/2008
ABOUT
ESTABLISHMENT OF AN INDUSTRY GROUP THAT CAN LEVERAGE THE TARIFFS
BEA ENTERED WITH USER SPECIFIC DUTY FREE SCHEME (USDFS)
IN ORDER OF APPROVAL BETWEEN THE REPUBLIC OF INDONESIA AND
JAPAN REGARDING AN ECONOMIC PARTNERSHIP
WITH THE GRACE OF THE ALMIGHTY GOD
MINISTER OF INDUSTRIES OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that in order of the economic partnership between the Government of Indonesia and the Government of Japan, it has established the Framework Agreement which has been ratified by the Government of the Republic of Indonesia under Presidential Regulation No. 36 of 2008 on Unrest Agreement between the Republic of Indonesia and Japan for an Economic Partnership (Agreement between the Republic of Indonesia and Japan Regarding a Economic Partnership);
., b. that by the specificity of Section 3 Notes for Schedule of Indonesia Note 2 in section 1 Part 3 of Annex 1 referred to in Chapter 2 in Basic Agreement and Operational Procedures Rule 4, Rule 5, Rule 6, is set about Specific User Duty Free Scheme (USDFS);
., c. that in order to implement the intended economic partnership, it needs to be designated a group of industries that can leverage the USDFS facility in question;
., d. that based on consideration as indicated on the letter a, the letter b, and the letter c, need to be issued the Regulation of the Minister of Industry;
.,, Given: 1. Law No. 5 Year 1984 on Perindustrian (State Of The Republic Of Indonesia In 1984 Number 22, Additional Sheet Of State Republic Indonesia Number 3274);
., 2. 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);
., 3. Decision of the President of the Republic of Indonesia Number 187 /M of 2004 on the Establishment of the United Indonesia Cabinet as amended last several times with the Decree of the President of the Republic of Indonesia Number 77 /P of the Year 2007;
., 4. Policy of the President of the Republic of Indonesia No. 9 Year 2005 on Occupation, Duty, Functions, Organizational Organizations and the Working Tata Ministry of the Republic of Indonesia as amended last several times with the Regulation of the President of the Republic of Indonesia Indonesia Number 94 Year 2006;
. .5. Policy of President of the Republic of Indonesia No. 10 Year 2005 on Unit of Organization and Duty of Eselon I Ministry of State of the Republic of Indonesia as amended last several times with the Regulation of the President of the Republic of Indonesia Number 17 Year 2007;
., 6. Regulation of the President of the Republic of Indonesia No. 36 of 2008 on the Unrest of the Agreement between The Republic of Indonesia and Japan for An Economic Partnership (Agreement between the Republic of Indonesia and Japan Regarding a Economic Partnership);
., 7. Regulations Minister Perindustrian Number 01/M-IND/PER/3/2005 about the Organization and the Department of Industrial Work;
., 8. Regulations Minister of Industry Number 07/M-IND/PER/5/2005 on Establishing Industry Types In Coaching Each of the Directorate General in the Environment Department Environment;
., 9. Regulation of the Finance Minister Number 110/PMK. -010/2006 on the designation of the Goods Classification System and the loading of the Tarif Bea Entry on Import Goods as amended by the Regulation of the Minister of Finance Number 110/PMK. -011/2007;
., 10. The Regulation of the Ministry of Industry Number 27/M-IND/PER/5/2008 on the Terms and Conditions of Verification of the Industry which Utilize The Lenification Facility and or the Liberation of Customs;
., 11. Regulation of Finance Minister Number 94 /PMK.011/ 2008 on Modalities Decrease-tariff Admission In Order Of Approval Between The Republic Of Indonesia And Japan Regarding A Economic Partnership;
., 12. Regulation of the Finance Minister Number 95 /PMK.011/ 2008 on the Designation Of The Customs Tariffs In The Framework Of Approval Between The Republic Of Indonesia And Japan Regarding A Economic Partnership;
., 13. The Regulation of the Finance Minister Number 96 /PMK.011/ 2008 on the designation of the Admission Tariff In The Framework Of The user Specific Duty Free Scheme (USDFS) In The Agreement Between The Republic Of Indonesia And Japan Regarding A Economic Partnership;
DECIDED:
.,, SET: MINISTRY MINISTER REGULATIONS ON THE DESIGNATION OF INDUSTRY GROUPS THAT CAN LEVERAGE THE CUSTOMS TARIFFS WITH THE USER SPECIFIC DUTY FREE SCHEME (USDFS) IN ORDER OF APPROVAL BETWEEN THE REPUBLIC OF INDONESIA AND JAPAN REGARDING AN ECONOMIC PARTNERSHIP.
Section 1
In Regulation of the Minister this is referred to:
., 1. The User Industry (User) is an industry that does import raw materials in order for production purposes in the scope of cooperation between Indonesia and Japan through the Customs Liberation Facility (USDFS) that has been awarded the Letter of the Maturity. The verification of Industrials-USDFS published by Surveyor appointed by the Minister.
., 2. Industry Group is an industry group as referred to in the 2005 Indonesian Field of Business Classification (KBLI) which can utilize USDFS facilities.
., 3. USDFS facilities are the designation of import tariffs for products that are not made available in the country in accordance with the Financial Ministerial Regulation Number 96 /PMK.011/ 2008 for production purposes for the user industry.
., 4. Industrial Services for Various Special Works Against Metal and Metal Service Center (Steel Service Center) is a company included in the KBLI 28920.
. .5. An Industry Verification Letter is a result of verification of the industry that applied for the USDFS facility, which was published by Surveyor and has been appointed by the Minister of Industry or the officials of his appointment.
., 6. Surveyors are independent surveyors who have a competency of industry verification activities appointed to conduct verification activities.
., 7. Director General Pembina Industries is the Director-General in the Industrial Department environment that carries out the duties and responsibilities in the coaching of the types of industries as defined in the Ministry of Industry Regulation. Number 07/M-IND/PER/5/2005.
., 8. The Minister is the Minister who carries out a portion of the duties of the Government's affairs in the industrial field.
Section 2
.,, (1) The User Industry (User) which may utilize USFDS facilities over the import of raw materials consists of:
., a., a. The manufacturing industry, which only covers the industry as follows:
.,
.,, 1. The motor vehicle industry and its components (automotive, motorcycles, and components);
.,, 2. The electrical and electronic industries as well as its components (electrical and electronic appliances);
.,, 3. The heavy equipment industry and construction machinery (construction machineries and heavy equipments); or
4. Energy equipment industry
(petroleum, gas, and electric power);
., b. Industrial Services for Various Special Works Against Metal and Stuff from Metal (Steel Service Centre) that only conducts manufacturing activities as follows:
., 1. cutting (cutting/shearing);
2. Surface subtlety (grinding);
3. Formation (drawing) iron and steel; and or
4. Final work process (finishing).
.,, (2) USDFS Facility by Steel Service Centre as referred to in paragraph (1) the letter b may only be utilized for the activities of the manufacturing industry as referred to in paragraph (1) letter a based on the work contract.
Section 3
Manufacturing Industry as referred to in Article 2 of the paragraph (1) letter a corresponding to the 5-digit KBLI as set forth in
Attachment of this Minister Regulation.
Section 4
In the case of a domestic industry company that is capable of producing industrial raw materials as referred to in Article 2 of the paragraph (1), the company is intended to apply to the Minister of Cq. The Director General Pembina Industries is concerned for the evaluation of the designated USDFS facility.
Section 5
.,, (1) Against the User Industry (User) that utilised USDFS facilities as referred to in Section 2 and the domestic industry company that it is capable of producing raw materials as referred to in Article 4 is mandatory. Verify Industry by Surveyor.
.,, (2) The verification of the ability to produce industrial raw materials as referred to in paragraph (1) is reported to the Minister of Industry cq. The Director General of Pembina Industries is concerned.
.,, (3) The cost of industry verification as referred to in paragraph (1) is charged to the company reporting.
Section 6
User Industry
(User) as in Section 2 in submitting a mandatory USDFS facility has an Industry Verification Letter that has been submitted by the Ministry of Industry.
Section 7
.,, (1) the authority of the granting of authorized signatures as referred to in Article 6 is devolve to the Director of the Metal Industry.
.,, (2) If the official as referred to in paragraph (1) is impeded, the authority resides on the Director of the Machine Industry.
.,, (3) If the official as referred to in paragraph (1) and paragraph (2) are impeded, the authority is on the Secretary of the Directorate General of the Metal, Machine, Textile, and Aneka.
.,, (4) The legal mark as referred to in paragraph (1) is given to and on behalf of the Minister.
Section 8
The technical provisions and layout of the Industry Verification as referred to in Article 5 of the paragraph (1) are governed by the Regulation of the Director General of the Metal Industry, Machine, Textile and Aneka.
Section 9
The User Industry
(User) that can utilize the facility as referred to in Article 2 is reviewed every 5 (five) years.
Section 10
The Minister ' s rules are beginning to apply at the set date.
In order for everyone to know, the Regulation of the Minister is promulred by its placement in the News of the Republic of Indonesia.
.,, Set in Jakarta
on July 1, 2008
THE MINISTRY OF INDUSTRY RI
FAHMI IDRIS
Promulgated in Jakarta
on July 7, 2008
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA
ANDI MATTALATTA
Attachment
