THE IMPORT OF USED MACHINES, MACHINE TOOLS AND CAPITAL GOODS (Decree of the Minister of Industry and Trade No. 278/MPP/Kep/7/2000
dated July 17, 2000)
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that in order to expand the business sphere of reconditioning services and direct user industries of machines, machines tools and capital goods in the country, to save state foreign exchange, and to provide more job opportunities, it is necessary to stipulate provisions on the imports of used machines, machine tools and capital goods.
b. that in view of the fact that the purchasing power of industrial users of capital good remains weak and in order to revive the real sector for accelerating economic recovery, the availability of machines, machine tools and capital goods at affordable prices is needed;
c. that in relation thereto, it is necessary to issue a decree of the Minister of Industry and Trade. In view of :
1. Law No. 3/1982 on the obligation to register companies (Statute Book of 1982 No. 7, Supplement to Statute Book No. 3214);
2. Law No. 5/1984 on industrial affairs (Statute Book of 1984 No. 22, Supplement to Statute Book No. 3274);
3. Law No. 14/1992 on Land traffic and transport (Statute Book of 1992 No. 49, Supplement to Statute Book No. 3480);
4. Law No. 10/1995 on custom affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
5. Law No. 8/1999 on consumer protection (Statute Book of 1999 No. 42, Supplement to Statute Book No. 3821);
6. Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries (statute Nook of 1986 No. 23, Supplement to Statute Nook No. 3330);
7. Government Regulation No. 44/1993 on vehicles and drivers (statute Nook of 1993 No. 64, Supplement to Statute Nook No. 3530);
8. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the field of foreign trade;
9. Presidential Decree No. 355/M/1999 on the establishment of the cabinet for the 1999-2004 period; 10. Presidential Decree No. 136/1999 on the status, tasks, functuins, organisational structures and working
arrangements of ministries;
11. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/97 on general provisions in the vield of import;
12. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/97 on goods whose import is regulated as already amended several times, the latest by Decree of the Minister of Industry and Trade No. 50/MPP/Kep/1/2000;
13. Decree of the Minister of Industry and Trade No. 44/MPP/Kep/9/1998 jo. No. 24/MPP/Kep/1/1999 on the organization and working arrangement of the Ministry of Industry and Trade;
14. Decree of the Minister of Industry and Trade No. 275/MPP/Kep/6/1999 on the automotive industry; 15. Decree of the Minister of Industry and Trade No. 276/MPP/Kep/6/1999 on registration of types and
variants of motor vehicles;
16. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identity Numbers (API) as already amended by the Decree of the Minister of Industry and Trade No. 253/MPP/Kep/7/2000;
D E C I D E S : To revoke :
Decree of the Minister of Trade No. 297/KP/X/92 on the appointment of PT Superintending Company of Indonesia (PT Sucofindo) and PT Surveyor Indonesia as surveyors issuing certificates of inspection of the import of used machines, components of machines and capital goods;
Decree of the Minister of Industry and Trade No. 129/MPP/Kep/4/2000 on the import of used machines, machine tools and capital goods.
To stipulate :
THE DECREE OF THE MINISTER OF INDUSTRY AND TRADE ON THE IMPORT OF USED MACHINES, MACHINE TOOLS AND CAPITAL GOODS
Article 1 Referred to in this decree as :
1. Industrial Business Licences shall be licences issued by the Minister of Industry and Trade or officials authorized by the Minister of Industry and Trade, or other ministers as meant in Government Regulation No. 17/1986 or the Head of the Investment Coordinating Board.
2. Business Licences shall be licences issued by ministers or officials authorized by the Minister in charge of transport services or tourism or fishery or plantations or forest exploitation or mining or construction. 3. Reconditioning companies shall be companies already securing industrial business licences which
operate in the provision of services for reconditioning, repair and maintenance of used machines, machine tools and capital goods.
4. Direct user companies shall be companies already securing industrial business licences or business licences which import used machines, machine tools and capital goods for the need of production processes or their own use.
5. Used machines, machine tools and capital goods shall be machines, machine tools and capital goods which are not in a scrap condition.
6. Road Worthiness Tests shall be certification of motor vehicles executed on the basis of technical requirements and test results before the said vehicles are operated on road.
7. Surveyors shall be surveyors appointed by the government, namely PT Sucofindo and PT Surveyor Indonesia.
8. Minister shall be the Minister of Industry and Trade. Article 2
(1) Used machines, machine tools and capital goods can be imported by : a. reconditioning companies already securing industrial business licences;
b. direct user companies covering companies operating in industrial, transport, service, tourism, fishery, plantations, forest exploitation, mining and construction sectors already business licences as meant in Article 1 point 2.
(2) The used machines, machine tools and capital goods which can be imported by the companies as meant in paragraph (1) shall cover those subsumed in Tariff Headings 82, 84, 85, 86, 87, 88 and 89, except those mentioned in Attachment I to this decree.
(3) The companies as meant in paragraph (1) which will import used machines, machine tools and capital goods, shall at least have the following documents :
a. industrial business licences or business licences to operate in reconditioning services or transport service or fishery or plantations or forest exploitation or mining or construction;
b. taxpayer code number (NPWP);
c. Approved Importer Identity Numbers (API-T) of General Importer Identity Numbers (API-U) or Producers Importer Identity Numbers (API-P);
Article 3
(1) Used motor vevicles for transport which can be imported by the companies as meant in Article 2 paragraph (1) shall be those with the GVW exceeding 24 tons and age being less than 5 (five) years, starting from the manufacturing year, and must secure prior import approval from the Director General of Foreign Trade.
(2) The used motor vehicles for transport as meant in paragraph (1) shall be those subsumed in Tariff Headings (HS) 8701.20.000; 8704.23.190; 8704.32.190; 8704.90.190.
(3) Before being imported, types of the used motor vehicles for transport as meant in paragraph (2) shall be registered at the Directorate General of Metal, Machine, Electronic and Multifarious Industries of the Ministry of Industry and Trade by completing the form as meant in specimen in Attachment II to this decree and accompanying the documents as meant in Article 2 paragraph (3).
(4) The Directorate General of Land Communications, Ministry of Communications shall conduct road worthiness tests on the used motor vehicles for transport as meant in paragraph (2).
Article 4
The import of used machines, machine tools and capital goods other than motor vehicles and those mentioned in Attachment I to this decree executed by the companies as meant in Article 2 paragraph (1) shall secure prior import approval from the Director of Import by accompanying the requirements as meant in Article 2 paragraph (3).
Article 5
(1) The imports of the used machines, machine tools and capital goods as meant in Article 2 paragraph (2) shall be accompanied by certificates of inspection certifying that the goods still can be used or re-functioned or are not in a scrap condition and in the case of the goods being motor vehicles and large-scale equipment, tehnical specifications covering GVW, engine capacity (HP/PS) and age of vehicles must be mentioned.
(2) The execution of survey by surveyors in the framework of the issue of certificates of inspection shall be do in countries of origin of destination of goods.
Article 6
The used machines, machine tools and capital goods prohibited from being imported as mentioned in Attachment I to this decree can be imported with the approval of the Director General of Foreign Trade for the Minister, as long as for the following purposes :
a. grants from donor countries/agencies to the Indonesian government; b. the need of the government and other government institutions; c. the need of researches and development of science and technology; d. social purpose which are used for trade;
e. technical assistance and project aid on the basis of Government Regulation No. 19/1995;
f. vehicles belonging to ambassadors of the Republic of Indonesia, already finishing their terms of assignment abroad.
Article 7
The import of used machines, machine tools and capital goods designated for purposes other than those mentioned in Article 6 can only be permitted by the Minister or officials appointed by the Minister.
Article 8
Article 9
Importers or companies violating the provisions in this decree shall be subjected to the following sanctions :
a. revocation of API and APIT owned by the violators; b. criminal sanctions according to provisions of laws in force.
Article 10 With the enforcement of this decree :
1. Licences to import used machines, machine tools and capital goods already issued on the basis of the Decree of the Minister of Industry and Trade No. 98/MPP/Kep/2/1998 shall remain valid up to August 31, 2000.
2. Licences to import used machines, machine tools and capital goods already issued on the basis of the Decree of the Minister of Industry and Trade No. 129/MPP/Kep/4/2000 shall remain valid up to the date of expiration of the relevant licences.
Article 11
The Director General of Foreign Trade shall further stipulate provisions not yet regulated in this decree.
Article 12
This decree shall come into force as from the date of stipulation.
For public cognizance, this decree shall be published by placing it State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On July 17, 2000
THE MINISTER OF INDUSTRY AND TRADE sgd.
ATTACHMENT I
USED MACHINE, MACHINE TOOLS AND CAPITAL GOODS SUBJECTED IMPORT PROHIBITION
No. Tariff Headings Description of goods Specifications
1. 82.01 Hand tools, spades, shovels, picks, hoes, axes etc. All types and sizes 2. 82.03 Files, rasps, pliers, pincers, tweezers, pipe cutters,
bolt croppers and similar hand tools
All types and sizes
3. 82.12 Razors and safety razor blades All types and sizes 4. 82.13 Scissors, tailors'shears and similar shears and
blades therefore
All types and sizes
5. 82.15 Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-fish-knives, sugar tongs and similar kitchen or tableware
All types and sizes
6. 84.07 Spark-ignition reciprocating or rotary internal combustion piston engines (including kerosene-fueled engines)
For staionary and vessel engines of up to 25 HP
7. 84.08 Compression-ignition internal combustion piston engines (diesel or semi-diesel engines)
For staionary and vessel engines of up to 100 HP
8. 84.09 Parts of compression-ignition internal combustion piston engines (diesel or semi-diesel engines) and spark-ignition reciprocating or rotary internal combustion piston engines
All types and sizes
9. 8414.51.000 8414.59.000
Table, floor, wall, window or roof fans with a self-contained electric motor
With output not exceeding 125 w
10. 84.15 Air conditioning machines All types and sizes
11. 84.18 Refrigerators, freezers and other refrigerating or freezing equipment
All types and sizes
12. 84-23 Weighing machinery A weighing capacity of
up to 0.5 ton 13. 84.27 Fork-lift trucks, other work trucks fitted with lifting or
handling equipment
Fork-lift with a capacity of 2-5 tons
14. 8428.10.000 Lifts and skip hoists All types and sizes 15. 84.29 Self-propelled bulldozers, angledozers, graders
levellers, scrappers, mechanical shovels,
excavators, shovel loaders, tamping machines and road rollers
Bulldozers with a capacity of 110-220 HP. Graders with a capacity of 100-150 HP. Excavators with a capacity of 75-140 HP. Loaders with a
capacity of 150-250 HP
16. 8431.31.000 Parts of lifts and skip hoists All types and sizes 17. 8431.11.000
8431.29.200
Parts of bulldozers, angledozers, graders, levellers, scrappers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers
All types and sizes
18. 8450.11.000 8450.12.000 8350.19.100
Household washing machines With a capacity of not exceeding 6 kgs
19. 84.71 Automatic data processing machines and units, magnetic or optical readers, machines for transcribing data into media and machines for processing the said data
20. 8473.30 Parts and accessories of the machines of heading No. 84.71
All types and sizes
21. 84.83 Parts of gear box All types and sizes
22. 85.01 Electric motors and generators Electric motors of up to 25 KW, electric of up to 120 KVA
23. 8502.11.000 Generating set With output not
exceeding 120 KVA 24. 8504.10.000 Ballast for discharge lamps or tubes All types and sizes 25. 85.09 Electro-mechanical domestic appliances with
self-contained electric motor
All types and sizes
26. 85.10 Shavers, hair clippers and hair-removing appliances with self-contained electric motor
All types and sizes
27. 8516.31.000 Hair dryers All types and sizes
28. 8516.32.000 Other hair dryer apparatus All types and sizes 29. 8516.33.000 Hand dying apparatus All types and sizes
30. 8516.40.000 Electric iron For use in household
with electricity capacity of up to 500 W
31. 8517.11.000 8517.19.000
Line telephone sets with cordless handsets All types and sizes
32. 85.18 Microphones, loud speakers, including parts All types and sizes 33. 85.19 Turntables, record players, cassette players and
other sound reproducing apparatus
All types and sizes
34. 85.20 Magnetic tape recorders and other sound recording apparatus, whether or not incorporating a sound reproducing device
All types and sizes
35. 85.21 Video recording or reproducing apparatus, whether or not incorporating a video tuner
All types and sizes
36. 8265.10.000 Transmission apparatus All types and sizes 37. 85.27 Reception apparatus for telephony,
radio-telegraphy or radio broadcasting, whether or not combined in the same housing, with sound recording or reproducing apparatus or a clock
All types and sizes
38. 85.28 Television and radio projector All types and sizes
39. 8534.00.000 Printed circuits All types and sizes
40. 85.36 Fuses for a voltage not exceeding 1,000 volt All types and sizes
41. 85.37 Electric panels All types and sizes
42. 85.40 Cathode-ray television picture tubes of black and color
All types and sizes
43. 85.44 Cable All types and sizes
44. 85.46 Electric isolators All types and sizes
45. 8701.10.000 Hand tractors designed for agricultural use, single axle, one or two wheeled, equipped with one or more forward and reverse transmission, fitted with powder take off (PTO) for rotary movement
All types and sizes
46. 8701.10.200 Other hand tractors designed for agricultural use, single axle, one or two wheeled
All types and sizes
47. 8701.10.900 Other kinds of hand tractors All types and sizes 48. 8701.20.000 Semi-trailer tractors With GVW of up to 24
tons
49. 9701.90.000 Other kind of tractors Tractors designed for agricultural use with capacity of up to 90 HP
51. 87.03 Motor cars and other motor vehicles principally designed for the transport of persons (other than those mentioned in heading 87.02) including station wagon and racing cars
All types and sizes
52. 87.04 Motor vehicles for transport of goods Trucks with GVW of up to 24 tons 53. 8705.90.000 Storing cars which can function as lifting and/or
towing cars and/or workshop cars
All types and sizes
54. 8706.00.000 Chasis fitted with engines for motor vehicles of headings 87.01 up to 87.05)
With GVW of up to 24 tons
55. 87.07 Bodies (including cabins) for motor vehicles of headings 87.01 up 87.05
All types and sizes
56. 87.08 Parts and accessories of motor vehicles of headings 87.01 up to 87.05
All types and sizes
57. 87.11 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side cars and side cars
All types and sizes
58. 87.12 Bicycles and other cycles (including delivery threecycles), not motorizes
All types and sizes
ATTACHMENT II
COMPLETING FORM OF REGISTRATION OF TYPE OF USED MOTOR VEHICLES
I CORPORATE DATA
1. Name of Company :
2. Address of applicant/office of company :
3. Taxpayer Code Number :
4. No. and Date of business licences/SIUP :
5. API / APIT :
6. Corporate Registry Number :
II TECHNICAL SPECIFICATION
1. Mark :
2. Type/Model :
3. Kind of vehicle :
4. Manufacturing year :
5. Country of origin :
6. Chassis Number :
7. Engine Number :
8. Engine Capacity :
9. Cylinder capacity :
10. Dimension
- Length (mm) :
- Width (mm) :
- Height (mm) :
11. Gross Volume Weight (GVW) (Kg) :
12. Type of transmission : Automatic/Manual *)
13. Steering system :
III NUMBER OF MOTOR VEHICLES IMPORTED :
Note :
*) pick up as required
..., ... Name and signature of applicant
( ...) THE MINISTER OF INDUSTRY AND TRADE
sgd.
