MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA COPY

Transcription

1 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA COPY REGULATION OF THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA NUMBER 50/PMK.010/2016 REGARDING IMPOSITION OF ANTI-DUMPING IMPORT DUTY ON IMPORT OF HOT ROLLED PLATE (HRP) ORIGINATING FROM THE PEOPLE S REPUBLIC OF CHINA, SINGAPORE, AND UKRAINE BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, Considering : a. whereas pursuant to the provision of Article 2 paragraph (1) of Government Regulation Number 34 of 2011 regarding Anti-Dumping, Countervailing, and Trade Safeguard Measures, the import goods may, in addition to import duty, be imposed with Anti-Dumping Import Duty if the export price of the import goods is less than its normal value and it leads to injury; b. whereas the Minister of Finance has previously stipulated the imposition of Anti-Dumping Import Duty on import of Hot Rolled Plate (HRP) under Regulation of the Minister of Finance Number 150/PMK.011/2012 regarding Imposition of Anti-Dumping Import Duty on Import of Hot Rolled Plate of Iron or Non-Alloy Steel Originating from the People s Republic of China, Singapore, and Ukraine as amended by Regulation of the Minister of Finance Number 68/PMK.011/2013 effective until April 1, 2016;

2 c. whereas pursuant to the provisions of Articles 34 and 35 paragraph (1) of Government Regulation Number 34 of 2011 regarding Anti- Dumping, Countervailing, and Trade Safeguard Measures, in the event that Komite Anti Dumping Indonesia/Indonesian Anti-Dumping Committee (KADI) receives a request for sunset review investigation to extend the imposition of antidumping import duty, KADI will initiate a sunset review investigation on the likelihood of the continuation and/or recurrence of dumping and injury in case of revocation of the anti-dumping duty; d. whereas the sunset review investigation on the imposition of anti-dumping duty as having been stipulated under Regulation of the Minister of Finance Number 150/PMK.011/2012 regarding Imposition of Anti-Dumping Duty on Import of Hot-Rolled Plate of Iron or Non-Alloy Steel Originating from The People s Republic of China, Singapore, and Ukraine as amended by Regulation of the Minister of Finance Number 68/PMK.011/2013 have been conducted by KADI before the expiry of the said Ministerial Regulation; e. whereas with reference to the result of investigation conducted by KADI as referred to in letter d, there is evidence of continuation of dumping of Hot Rolled Plate (HRP) originating from The People s Republic of China, Singapore, and Ukraine leading to injury to domestic industry and there will be potential increase in volume of Hot Rolled Plate (HRP) dumped into the domestic market if no Anti-Dumping Import Duty is imposed thereon.

3 f. whereas in order to follow up the result of the investigation conducted by KADI as referred to in letter e, the Minister of Trade by virtue of his letters number: 06/M-DAG/SD/1/2016 dated January 6, 2016 and number: 185/M-DAG/SD/2/2016 dated February 22, 2016 suggested the imposition of Anti- Dumping Import Duty on the import of Hot Rolled Plate (HRP) originating from the People s Republic of China, Singapore, and Ukraine; g. whereas based on the considerations as set forth in letters a, b, c, d, e, and f, and for the implementation of the provision of Article 23D paragraph (2) of Law Number 10 of 1995 regarding Customs as amended by Law Number 17 of 2006, it is necessary to stipulate a Regulation of the Minister of Finance regarding Imposition of Anti-Dumping Import Duty on Import of Hot Rolled Plate (HRP) Originating from The People s Republic of China, Singapore, and Ukraine; In view of : 1. Law Number 7 of 1994 regarding Ratification of Agreement Establishing the World Trade Organization (Supplement Number 3564 to State Gazette of the Republic of Indonesia Number 57 of 1994); 2. Law Number 10 of 1995 regarding Customs (Supplement Number 3612 to State Gazette of the Republic of Indonesia Number 75 of 1995) as amended by Law Number 17 of 2006 (Supplement Number 4661 to State Gazette of the Republic of Indonesia Number 93 of 2006); 3. Government Regulation Number 34 of 2011 regarding Anti-Dumping, Countervailing, and Trade Safeguard Measures (Supplement Number 5225 to State Gazette of the Republic of Indonesia Number 66 of 2011);

4 In regard to : 1. Letter of the Minister of Trade Number: 06/M- DAG/SD/1/2016 dated January 6, 2016 regarding Request for Consideration of KADI s Recommendation to Extend the Imposition of Anti-Dumping Import Duty as per Result of Sunset Review Investigation on the import of Hot-Rolled Plate (HRP) originating from the People s Republic of China, Singapore, and Ukraine; 2. Letter of the Minister of Trade Number: 185/M- DAG/SD/2/2016 dated February 22, 2016 regarding Decision to Extend the Imposition of Anti-Dumping Import Duty on Import of Hot Rolled Plate (HRP) originating from The People s Republic of China, Singapore, and Ukraine; 3. Final Report of the Result of Sunset Review Investigation on Import of Hot Rolled Plate (HRP) classified under tariff headings and originating from The People s Republic of China, Singapore, and Ukraine; BE IT HEREBY RESOLVED: To stipulate : REGULATION OF THE MINISTER OF FINANCE REGARDING IMPOSITION OF ANTI-DUMPING IMPORT DUTY ON IMPORT OF HOT ROLLED PLATE (HRP) ORIGINATING FROM THE PEOPLE S REPUBLIC OF CHINA, SINGAPORE, AND UKRAINE. Article 1 Import goods in the form of: 1. flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated, not in coils, not further worked than hot-rolled, of a thickness exceeding 10 mm, classified under tariff heading ; and

5 2. flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated, not in coils, not further worked than hot-rolled, of a thickness of 4.75 mm or more but not exceeding 10 mm, classified under tariff heading originating from The People s Republic of China, Singapore, and Ukraine shall be subject to Anti-Dumping Import Duty. Article 2 The countries of origin subject to Anti-Dumping Import Duty as referred to in Article 1 and the rate of Anti-Dumping Import Duty shall be as follows: No. Country of Origin Rate of Anti-Dumping Import Duty in Percentage (%) 1. The People s Republic of China Singapore Ukraine Article 3 (1) The imposition of Anti-Dumping Import Duty as referred to in Article 1 shall be: a. additional general import duty (Most Favored Nation); or b. additional preference import duty based on schemes of international goods trading agreement applicable in the event that the import is carried out from those countries included in the said schemes of international goods trading agreement and complies with the provisions thereof.

6 (2) In the event that any of the provisions in the schemes of international goods trading agreement is not complied with, the imposition of Anti- Dumping Import Duty on import of goods from the countries included therein as referred to in paragraph (1) letter b shall be additional general import duty (Most Favored Nation). Article 4 The tariff of Anti-Dumping Import Duty as referred to in Article 2 shall be in full effect upon the import of goods as referred to in Article 1 in respect of which the import customs declaration has been given a registration number by the Customs Office in charge of the port of entry as of the enactment date of this Ministerial Regulation. Article 5 This Ministerial Regulation shall come into effect as of April 2, 2016 and shall be valid for 3 (three) years upon its promulgation.

7 For public cognizance, this Ministerial Regulation shall be announced by publishing it in the State Gazette of the Republic of Indonesia. Enacted in Jakarta on March 31, 2016 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, Signed. BAMBANG P.S. BRODJONEGORO Promulgated in Jakarta On April 1, 2016 DIRECTOR GENERAL OF LAWS AND REGULATIONS MINISTER OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA, Signed. WIDODO EKATJAHJANA STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 488 OF 2016 Certified true copy Head of General Bureau on his behalf Head of Administration Dept. of the Ministry Signed and sealed ARIF BINTARTO YUWONO NIP