Trade Minister Regulation Number 36/m-Dag/per/7/2013 2013

Original Language Title: Peraturan Menteri Perdagangan Nomor 36/M-DAG/PER/7/2013 Tahun 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c51dfe63b408724313233383436.html

BN 991-2013 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 991, 2013 the MINISTRY of trade. Import. Raw Materials. Plastic.
REGULATION of the MINISTER of TRADE of the REPUBLIC of INDONESIA NUMBER 36/M-DAG/PER/7/2013 ABOUT CONDITIONS of IMPORT of PLASTIC RAW MATERIALS with the GRACE of GOD ALMIGHTY the SECRETARY of COMMERCE of the REPUBLIC of INDONESIA, Considering: a. that in order fulfillment needs of plastic raw materials in the country, creating a healthy business competition, and adjustments to the system of classification of goods new, the need to reorganize the provision of imported plastic raw materials;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of trade of plastic raw materials Import Conditions;
Remember: 1. Distribution of Companies Act 1934 (1934 Ordonnantie Bedrijfsreglementerings, Staatsblad 1938 Number 86);
2. Act No. 3 of 1982 on Obligatory list of companies (State Gazette of the Republic of Indonesia number 7 in 1982, an additional Sheet of the Republic of Indonesia Number 3214);
3. 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);
4. 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);
5. 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);
6. 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 3825);
7. Act No. 25 of 2007 about Investing (Gazette of the Republic of Indonesia Number 67 in 2007, an additional Sheet of the Republic of Indonesia Number 4724);
8. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916);
9. Act No. 25 of 2009 about public service (State Gazette of the Republic of Indonesia Number 112 in 2009, an additional Sheet of the Republic of Indonesia Number 5038);
10. Government Regulation Number 102 in 2000 about the standardization of the national (State Gazette of the Republic of Indonesia year 2000 Number 1999, additional sheets of the Republic of Indonesia Number 4020);
11. Presidential Decree Number 260 in 1967 about Affirmation duties and responsibilities Minister of trade in the field of foreign trade;
12. Presidential Decree Number 83/P in 2009 on the establishment of a United Indonesia Cabinet II as amended by presidential decree number 59/P in 2011;
13. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended several times the last presidential regulation Number 91 in 2011;
14. the presidential regulation Number 24 of 2010 about the position, duties, and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as amended several times the last presidential regulation Number 92 in 2011;
15. Minister of Trade Regulation Number 28/M-DAG/PER/6/2009 on the provisions of the export and Import Licensing Services with electronic systems Through INATRADE in the framework of the Indonesia National Single Window;
16. Regulation of the Minister of Commerce Number 54/M-DAG/PER/9/2009 on the General provisions in the field of Import;
17. Regulation of the Minister of Commerce Number 31/M-DAG/PER/7/2010 about the Organization and the Work of the Ministry of Trade as amended by regulation of the Minister of Commerce Number 57/M-DAG/PER/8/2012;
18. Regulation of the Minister of finance Number 213/FMD. 011/2011 about the determination of the classification system of the goods and the incoming customs tariff Imposition Over imported goods;
19. Regulation of the Minister of Commerce Number 27/M-DAG/PER/5/2012 about the Provision Number Identifier Importer (API) as amended several times with the Trade Minister Regulation Number 84/M-DAG/PER/12/2012;
Decide: define: TRADE MINISTER REGULATION ABOUT the CONDITIONS of IMPORT of PLASTIC RAW MATERIALS.

Article 1 In regulation of the Minister, that is: 1. Plastic raw materials are organic compounds which have the chemical formula which is used as an intermediate in the production of plastic compounds.
2. Importers of plastic raw materials Producers, hereinafter called IP-plastic raw materials is a company that manufacturers importing raw materials of plastic for use in the production process.
3. The importer Listed plastic raw materials, hereinafter called IT-plastic raw materials is a company importing raw materials for the Plastic channeled to the company manufacturer that uses plastic raw materials in the production process. 4. Approval of the Import is an import permit plastic raw materials.

5. the Minister is the Minister of the organizing Affairs of the Government in the field of trade.

6. The Director-General is the Director General of foreign trade, Ministry of Commerce.

Article 2 plastic raw materials regulated Postal Rates covering imports/HS: a. 2711.14.10.00: Gas petroleum and gas of hydrocarbons in the form of ethylene were disbursed, with the level of purity of less than 95% (ninety-five percent);
b. 2901.21.00.00: asiklik not saturated Hydrocarbons in the form of ethylene with a purity of not less than 95% (ninety-five percent); c. 3902.30.90.10: Copolymer of propylene shaped granules; and d.  3902.30.90.90: Copolymer of propylene in addition in the form of liquid or paste and granules.

Article 3 (1) plastic raw materials referred to in article 2 can only be imported by companies that have received recognition as IP-plastic raw materials or determination as IT-plastic raw materials from the Minister.
(2) the Minister authorizes the publication bestows recognition as IP-plastic raw materials and defining IT as plastic raw materials referred to in subsection (1) to the Director General.
Article 4 (1) IP-plastic raw materials can import plastic raw materials that are included in the Postal Rates/HS as stipulated in article 2 letter a up to d.
(2) IT-plastic raw materials can only be importing plastic raw materials that are included in the Postal Rates/HS as stipulated in article 2 letter c and d.
Article 5 (1) to obtain recognition as IP-plastic raw materials referred to in article 3, the company must apply in writing to the Director-General, attaching documents: a photocopy of the company establishment deed. and their changes;

b. photocopy of business license or a business permit industry-a type of technical institutions related;

c. photocopying Sign companies list (TDP);

d. Tax Payer Number photocopy (NPWP);

e. a photocopy of the importer Identification Number Manufacturer (API-P); and f.  The plan Import goods (RIB) within one (1) year which includes the type of goods, the tariff classification of the goods/Pos/HS 10 (ten) digits, quantity, country of origin or the port of unloading, and the port of destination.
(2) the Director General of publishing IP-recognition as plastic raw materials more than 5 (five) working days since the petition received complete and correct.
(3) the recognition of IP as plastic raw materials referred to in subsection (2) is valid for 1 (one) years counted from the date of publication.
Article 6 (1) to obtain designation as IT-plastic raw materials referred to in article 3, the company must apply in writing to the Director-General, attaching documents: a photocopy of the company establishment deed. and their changes;

b. photocopy of Business License (SIUP) Trade or business license of similar technical related;

c. photocopying Sign companies list (TDP);

d. Tax Payer Number photocopy (NPWP);

e. photocopies of Identification Number General importers (API-U);

f. evidence of mastery of the warehouse/storage space according to the characteristics of the product; and g. evidence of mastery of the means of transport in accordance with the characteristics of the product.
(2) the Director-General to publish the designation as IT-plastic raw materials more than 5 (five) working days since the petition received complete and correct.
(3) the assignment as IT-plastic raw materials referred to in subsection (2) is valid for 1 (one) years counted from the date of publication.
Article 7 the Directorate General of foreign trade of the Ministry of Trade if necessary can perform inspection of the field against the petition for recognition as IP-plastic raw materials and defining IT as plastic raw materials.

Article 8 (1) every implementation of plastic raw materials imported by IT-plastic raw materials as referred to in article 4 paragraph (2) compulsory Import approval from the Minister.
(2) the Minister authorizes the issuance of Import approval of the grant referred to in subsection (1) to the Director General.
Article 9 (1) for approval of import as referred to in article 8, IT-plastic raw materials must apply in writing to the Director General by attaching a photocopy of: a. the designation as IT-plastic raw materials; and b.  a photocopy of the sales contract between the owner of plastic raw materials IT-plastic raw materials with the manufacturer with the original sales contract indicates the plastic raw materials.
(2) the Director-General to publish the approval of import of more than 5 (five) business days counted since the petition received complete and correct.

(3) approval of Import as referred to in subsection (2) applies for 6 (six) months from the date of publication.
Article 10 (1) a company which has obtained recognition as IP-plastic raw materials only can import raw materials for Plastic production process needs its own industry and trade are forbidden and/or memindahtangankan to the other party.
(2) companies that have been awarded the designation as IT-plastic raw materials can only trade and/or memindahtangankan diimpornya plastic raw materials to the manufacturer in accordance with the sales contract as referred to in article 9 paragraph (1) letter b. Section 11 (1) IP-plastic raw materials and Plastic raw materials IT is obligated to submit a report in writing the implementation of imported plastic raw materials by attaching the scan card full realization of import that has been diparaf and stamped by officers of the Directorate General of customs and Excise.
(2) the report referred to in subsection (1) is submitted every three (3) months through http://inatrade.kemendag.go.id. at least 15 (fifteen) months in the first quarter next to the Director General.
Article 12 (1) IP-recognition as plastic raw materials or determination as IT-plastic raw materials is revoked if the company: a. violate the provisions referred to in article 10 paragraph (1), to IP-plastic raw materials;

b. violate the provisions referred to in article 10 paragraph (2), for IT-plastic raw materials;

c. did not submit a report as referred to in article 11 as much as 2 (two) times;
d. alter, add to, and/or alter the contents listed in document recognition as IP-plastic raw materials, setting IT as plastic raw materials, and/or Import Approval;
e. import raw materials plastic type does not fit and/or amount exceeding that indicated in the import document plastic raw materials; and/or f.  convicted on the basis of a court ruling had the force of law remain the top crime relating to the abuse of IP-recognition as plastic raw materials or determination as IT-plastic raw materials and/or approval of imports.
(2) the revocation of the recognition of IP as plastic raw materials or determination as IT-plastic raw materials referred to in subsection (1) is designated by the Director General.
Article 13 (1) the company that performs the import of plastic raw materials not in accordance with the provisions in the regulations the Minister is penalized in accordance with the provisions of the legislation.
(2) imported plastic raw materials not in accordance with the provisions in the regulations of the Minister must be dire-export at the expense of the importer.
Article 14 Exemption from provisions set forth in the regulations of the Minister must be with the consent of the Minister.

Article 15 recognition as IP-plastic and recognition as IP-Ethylene released based on a decision of the Minister of industry and trade Number 230/MPP/Kep/7/1997 of Goods Regulated Commerce Imports as amended several times with the decision of the Minister of industry and trade Number 406/MPP/Kep/6/2004 stated remains valid until the validity period is over.

Article 16 at the time of this ministerial regulation came into effect: a. arrangements concerning imports of plastic raw materials listed in article 8 paragraph (1); and b. the goods included in Tariff Post/number HS. 2711.14.210; 2711.14.290; 2901.21.100; 2901.21.900; 3902.30.200; and 3902.30.900 in Annex I, issued from the Minister of industry and trade Decree Number 230/MPP/Kep/7/1997 of Goods Regulated Commerce Imports as amended several times with the decision of the Minister of industry and trade Number 406/MPP/Kep/6/2004.

Article 17 this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.

Established in Jakarta on July 29, 2013, MINISTER of TRADE of INDONESIA, GITA IRAWAN WIRJAWAN Enacted in Jakarta on August 6, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();