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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

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STATE NEWS
REPUBLIC OF INDONESIA

No. 991, 2013 MINISTRY OF COMMERCE. Import. Raw Materials. Plastic.

THE RULES OF THE REPUBLIC OF INDONESIA TRADE MINISTER
NUMBER 36/M-DAG/PER/7/2013
ABOUT
THE IMPORT PROVISIONS OF PLASTIC RAW MATERIALS

WITH THE GRACE OF THE ALMIGHTY GOD

TRADE MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.   that in order to fulfill the needs of the plastic raw materials within the country, creating healthy business competition, and the adjustment to the new Goods Classification System, need to rearrange the import provisions of plastic raw materials;
B.  that under consideration as referred to in the letter a, it needs to establish a Trade Minister Regulation on the Terms of Importing Plastic Materials;

Given: 1.  Corporate Worship Act of 1934 (Bedrijfsreglementerings Ordonnantie 1934, Staatsblad of 1938 Number 86);
2. Act No. 3 of 1982 on Compulsory Lists Of Companies (sheet Of State Of The Republic Of Indonesia In 1982 Number 7, Additional Gazette Of The Republic Of Indonesia Number 3214);
3. Act No. 5 Year 1984 on Perindustrian (sheet of State of the Republic of Indonesia in 1984 No. 22, Additional Gazette of the Republic of Indonesia Number 3274);
4. Law No. 7 Year 1994 on Enactment Of Agreement Establishing The World Trade Organization (Approval Of The Establishment Of World Trade Organization), (Sheet State Of The Republic Of Indonesia In 1994 Number 57, Additional Sheet Of State Republic of Indonesia No. 3564);
5. Act Number 10 of 1995 on Kepabeanan (Sheet of State of the Republic of Indonesia of 1995 Number 75, Additional Gazette Republic of Indonesia Number 3612) as amended by Law No. 17 Year 2006 (State Sheet) Republic of Indonesia Year 2006 Number 93, Additional Gazette Republic of Indonesia Number 4661);
6. Law No. 5 Year 1999 on the Prohibition of Monopoly Practice And Competition Of Unsanitary Efforts (State Sheet Of The Republic Of Indonesia Year 1999 Number 33, Additional Sheet Of State Of Indonesia Number 3817);
7. Act Number 25 Year 2007 on Capital Cultivation (State Sheet Of Republic Of Indonesia Year 2007 Number 67, Additional Gazette Republic of Indonesia Number 4724);
8. Act No. 39 of 2008 concerning the Ministry of State (State Sheet of the Republic of Indonesia 2008 No. 166, Additional leaf of the Republic of Indonesia Indonesia Number 4916);
9. Law No. 25 Year 2009 on Public Service (Sheet State Republic Indonesia Year 2009 Number 112, Additional Sheet Country Republic Of Indonesia Number 5038);
Ten. Government Regulation No. 102 Year 2000 on National Standardization (State Sheet of Indonesia Year 2000 Number 1999, Additional Gazette of the Republic of Indonesia Number 4020);
11. The Decision of the President Number 260 of 1967 on the Enforcement of the Task and the Responsibility of the Minister of Commerce in Foreign Trade;
Twelve. Presidential Decree No. 84 /P of the Year 2009 on the Establishment of the United Indonesia Cabinet II as amended by Presidential Decree Number 59 /P of the Year 2011;
Thirteen. The Presidential Decree No. 47 of 2009 on the Establishment and Organization of the Ministry of State as amended in the last several times with the Presidential Regulation No. 91 of 2011;
14. 2010 Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Organizational Functions, Task and Functions of the Ministry of State as amended by the last several times with the Presidential Regulation No. 92 of the Year 2011;
15. Regulations of Trade Minister Number 28/M-DAG/PER/6/2009 on the Conditions of the Export Service Export and Import with Electronic Systems Through INATRADE in the Indonesian Framework National Single Window;
-16. Regulation of Trade Minister Number 54/M-DAG/PER/9/2009 on the General Terms in the Import Field;
17. Regulation of Trade Minister Number 31/M-M-DAG/PER/7/2010 on the Organization and Workforce of the Ministry of Commerce as amended with the Regulation of Trade Minister Number 57/M-DAG/PER/8/2012;
18. Regulation of Finance Minister Number 213 /PMK.011/ 2011 on the Establishing Of The Goods Classification System And The Loading Of The Customs Tarif Over The Import Goods;
Nineteen. Policy of Trade Minister Number 27/M-DAG/PER/5/2012 on the Terms of Importer Identifier (API) Terms of Use as amended in the last few times with the Trade Minister Regulation 84/M-DAG/PER/12/2012;

DECIDED:

Establishes: TRADE MINISTER RULES ON THE TERMS OF THE IMPORT OF PLASTIC RAW MATERIALS.

Article 1
In this Minister ' s Rule, which is referred to:
1. Plastics Baku is an organic compound that has its own chemical formula that is used as a compound between in plastic production.
2. Importer of Plastic Raw Materials Producers, the next called IP-Materials Baku Plastics is the manufacturer company that imports Plastic Raw Materials for use alone in its production process.
3. Importer Listed Plastic Raw Materials, which is next called IT-Material Plastic Materials is a company that imports Plastic Default Materials to be channeled to manufacturer companies that use Plastic Raw Materials in its production process.
4. Import consent is the import permit of Plastic Baku Materials.
5. The Minister is the minister who organizes government affairs in the field of commerce.
6. Director General is Director General of Foreign Trade, Ministry of Commerce.

Article 2
Plastic Raw Materials that are regulated imports include the Tarif/HS Post:
a.   2711.14.10.00: Petroleum gas and hydrocarbon gases are liqueled ethylene, with a purity rate of less than 95% (ninety-five percent);
B.   2901.21.00.00: Asiklic hydrocarbons are not saturated with ethylene, with purity not less than 95% (ninety-five percent);
C.   3902.30.90.10: The polymers of the propylene-shaped propylene; and
D.   3902.30.90.90: The polymers of propylene other than in liquid form or paste and grains.

Article 3
(1) The Plastic Default Materials as referred to in Section 2 may only be imported by a company that has received recognition as a Plastic Default Materials or designation as a Plastic Default Materials of the Minister.
(2) The Minister bestoes the issuing of recognition of the recognition of recognition as the Plastic Default Materials and the designation as Plastics Default Materials as referred to in paragraph (1) to the Director General.

Section 4
(1) Plasma Default Materials may import Plastic Default Materials included in the Tarif/HS Post as referred to in Article 2 of the letter a up to the d.
(2) The Plastic Default Materials may only import the Plastic Default Materials included in the Tarif/HS Post as referred to in Section 2 of the letter c and the letter d.

Section 5
(1) To obtain recognition as a Plastic Default Materials as referred to in Article 3, the company must submit a written request to the Director General, by attaching the document:
a.   photocopy of the company's founding certificate and its changes;
B.   Photocopy of an Industrial Permit or a similar venture permit from a related technical instance;
c. Photocopy of the Company List of Companies (TDP);
D.   Photocopies of the Taxpayer Number (NPWP) are required;
e.   photocopy of the manufacturer's Importer Identifier (API-P); and
f.   An RIB (RIB) plan in 1 (one) year that includes the type of goods, classification of goods/Post Tarif/HS 10 (ten) digits, number, country of origin or port, and destination port.
(2) The Director General publishes the recognition as the most long 5 (five) working days of Plastic Materials since the request is received in full and correct.
(3) The recognition as a Plastic Default Ingredient as referred to in paragraph (2) in effect for 1 (one) year counts since the date is published.

Section 6
(1) To obtain the designation as a Plastic Default Materials as referred to in Article 3, the company must submit a written request to the Director General, by attaching the document:
a. photocopy of the company's founding certificate and its changes;
B. photocopy of a Trade Business License (SIUP) or a similar venture permit from a related technical instance;
c. Photocopy of the Company List of Companies (TDP);
D. Photocopies of the Taxpayer Number (NPWP) are required;
e. photocopy of the General importer Identifiers (API-U);
f.   proof of warehouse mastery/storage location according to product characteristics; and
G. proof of mastery of transport tools according to product characteristics.
(2) The Director General publishes the designation as the most durable IT-Materials of the Plastics 5 (5) business days since the request was received in complete and correct.
(3) Redemption as Plasma Default Materials as referred to in paragraph (2) in effect for 1 (one) year count since the date of publication.

Section 7
Directorate General of Foreign Trade Ministry of Commerce if required can conduct field examination of the application of recognition as Plastic Default Materials and designation as Plastic Baku Materials.

Section 8
(1) Any implementation of the import of Plastic Baku Materials by the Plastic Baku Materials as referred to in Article 4 of the paragraph (2) is required to receive an Import Agreement from the Minister.
(2) The Minister bestoes the publishing authority of the Import Agreement as referred to in paragraph (1) to the Director General.

Section 9
(1) To get the Import Agreement as referred to in Section 8, the Plasma Baku Materials must submit a written request to the Director General by attaching it:
a.   photocopier designation as Plastic Default Materials; and
B.   Photocopy contract for sale of Plastic Materials between the owner of the Standard Raw Materials Substances with the manufacturer's company by showing the original contract for the sale of the Plastic Baku Material.
(2) The Director General publishes the Import Approval at most 5 (five) days of work since the request is received in full and correct.
(3) The Import Agreement as referred to in paragraph (2) applies to 6 (six) months of date from the date of publication.

Article 10
(1) The Company that has received recognition as a Plastic Default Ingredient can only import Plastic Default Materials for the needs of industrial production processes that it owns and is prohibited from trading and/or moving to Another party.
(2) The Company that has obtained the designation as a Plastic Default Materials may only be trading and/or transfer the Plastics Materials that are imported to the manufacturer's company in accordance with the sales contract as well as the referred to in Section 9 of the paragraph (1) of the letter b.

Section 11
(1) Plastic Default IP-Materials and Plasma Baku Materials are required to submit a report in writing for the implementation of the import of Plastic Baku Materials by attaching scan of import realization control cards that have been parsed and stamped by the officers of the Directorate General of Customs and Customs.
(2) The report referred to in paragraph (1) is delivered every 3 (three) months through http://inatrade.kemendag.go.id. The slowest of the 15 (fifteenth) first month of the next quarter to the Director General.

Article 12
(1) Recognition as Plastic Default IP-Materials or designation as Plastic Default Materials is revoked if the company:
a.   have been proven to violate the provisions as referred to in Article 10 of the paragraph (1), for the Plastics Default Materials;
B.   evidently to violate the provisions referred to in Article 10 of the paragraph (2), for the Plastics Raw Materials;
c. do not submit a report as referred to in Article 11 as much as 2 (two) times;
D. Change, add, and/or replace the contents listed in the recognition document as Plastics Default Materials, designation as Plastic Default Materials, and/or Import Consents;
e. importing Plastic Default Materials which are kind of unsuitable and/or the number exceeds that listed in the Plastic Default Materials import document; and/or
f.   Found guilty based on a court ruling that has a fixed legal force on criminal acts related to the misuse of recognition as a Plastic Default Materials or designation as a Plastic Default Materials and/or Import approval.
(2) The revocation of the recognition as a Plastic Default Ingredient or designation as a Plastic Default Materials as referred to in paragraph (1) is specified by the Director General.

Section 13
(1) Companies that do import Plastic Default Materials do not comply with the provisions in the Regulation of this Minister are subject to sanction in accordance with the provisions of the laws.
(2) Imported Plastic Default Materials not in accordance with the provisions in this Ministerial Regulation must be dire-export at the expense of the importer.

Section 14
The exception of the provisions set out in Regulation of this Minister must be with the Minister ' s approval.

Section 15
Recognition as IP-Plastics and recognition as IP-Etilena which is published under the Decree of Minister of Industry and Trade Number 230/MPP/Kep/7/1997 on the Regulated Goods of the impores as amended by some Last time with the Decree of Minister of Industry and Trade Number 406/MPP/Kep/6/2004 was declared to remain in effect until the end of the term.

Article 16
At the time the Minister ' s Ordinance came into effect:
a.   settings regarding the import of Plastic Default Materials listed in Article 8 of the paragraph (1); and
B. items included in the Tarif/HS Number. 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 Decree of the Minister of Industry and Trade Number 230/MPP/Kep/7/1997 on the Regulated Goods of the Importers as amended in the last several times with the Decree of the Minister of Industry and Trade Number 406/MPP/Kep/6/2004.

Article 17
The rules of the Minister are in effect on the date of promulgations.

For each person to know it, order the invitation of the Order of the Minister with its placement in the News of the Republic of Indonesia.

Specified in Jakarta
on July 29, 2013
TRADE MINISTER
REPUBLIC OF INDONESIA,

GITA IRAWAN WIRJAWAN

It is promulred in Jakarta
on 6 August 2013
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN