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DECREE OF THE MINISTER OF TRADE AND INDUSTRY NO. 417/MPP/KEP/6/2003, DATED JUNE 17, 2003

ON

AMENDMENT OF DECREE OF THE MINISTER OF TRADE AND INDUSTRY NO. 230/MPP/KEP/7/1997 ON GOODS WHICH IMPORT PROCEDURE CAN BE

RULED

THE MINISTER OF TRADE AND INDUSTRY

Considering:

a. that, as raw material, 4 Chloro-3, 5-dymethylphenol (PCMX) since 1920 has been used as disinfectant liquid substance and the use of the chemical substance has been developed for the manufacturing of solid bathing soaps, liquid bathing soaps, antiseptic liquid, talcum powder, vaginal cleansing, and the said products have been utilized in 63 countries, including in industries in Indonesia;

b. that, to fulfil the need for raw materials for local industries, it is necessary to amend No. 66 of Appendix I of Decree of the said minister No. 230/MPP/Kep/7/1997 on Goods Which Import Procedure Is Ruled;

c. that,, for that purpose has been issued Decree of the said minister. In view of:

1. Bedrijfreglementerings Ordonantie 1934 (Statute Book of 1938 No. 86) as amended and added by:

2. Law No. 7/1994 on Ratification of the Agreement Establishing The World Trade Organization (Statute Book of 1994 No. 75, Supplement to Statute Book No. 3564);

3. Law No. 10/1995 on Customs (Statute Book of No. 75, Supplement to Statute Book No. 3612);

4. Presidential Decree No. 260/1997 on Affirmation of Duties and Responsibilities of Minister of Trade In The Field of Overseas Trading;

5. Presidential Decree No. 228/M/2001 on Establishment of the Mutual Cooperation (Gotong Royong) Cabinet;

6. Presidential Decree No. 102/2001 on Status, Duties, Functions, Authorities, Organizational Structure, and Work Procedure of Departments;

7. Presidential Decree No. 109/2001 on Organizational Unit and Duties of Department Echelons I;

8. Decree of the minister No. 229/MPP/Kep/7/1997 on General Provisions In The Field of Import;

9. Decree of the said minister No. 230/MPP/Kep/7/1997 on Goods Which Import Procedure Is Ruled;

10.Decree of the said minister No. 86/MPP/Kep/3/2001 on Organization and Work Procedure of Department of Trade and Industry;

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To Stipulate:

DECREE OF THE MINISTER OF TRADE AND INDUSTRY ON AMENDMENT OF DECREE OF MINISTER OF TRADE AND INDUSTRY NO. 230/MPP/KEP/7/1997 ON GOODS WHICH IMPORT PROCEDURE CAN BE RULED.

Article I

1. To amend No. 66 of Appendix I of Decree of the said minister No. 230/MPP/Kep/7/1997

From:

No. HS NO. DESCRIPTION OF GOODS

IMPORT PROCEDURE 66 2908.10.000 Derivatives containing

only halogen

substituents and their salts

Prohibited

To:

No. HS NO. DESCRIPTION OF GOODS

IMPORT PROCEDURE 66 2908.10.000 Derivatives containing

only halogen

substituents and their salts

IP

2. IP as set forth in paragraph 1 means Importer and Producer acknowledged by the Director General for Overseas Trade and has been agreed to self-import PCMX as raw material and/or auxiliary material needed only for the process of production and is prohibited to be sold or transferred.

3. To be acknowledged as an IP, a company must file an application to the Director General for Overseas Trade with a copy furnished to the Director General for Agro Chemical and Forest Produce Industries (IKAHH) and Head of Food and Drug Supervisory Agency (POM) by submitting the following documents:

a. Industrial business permit/Industry Registration Certificate or the documents equivalent to the foregoing from the technical institution supervising the said line of business;

b. Importer & Producer Identity (API-P) or Limited Importer’s Identity (API-T); c. Company Registration Certificate issued by Department of Trade and Industry

(TDP);

d. Taxpayer’s Code No. (NPWP);

e. Recommendation from Head of Food and Drug Supervisory Agency for pharmaceutical industries; or

f. Recommendation from Director General for Agro Chemical and Forest Procedure Industries for non-pharmaceutical industries.

4. The form of acknowledgment as IP is as specified in Appendix I of this Decree; 5. The validity period of the acknowledgment as IP is one (1) year since stipulation

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6. The approval or rejection on the application for acknowledgment as IP as set forth in paragraph 3 shall be decided not later than ten (10) working days since receipt of the said application;

7. Whether the import of PCMX is implemented or not, the IP must submit a report to the Director General for Overseas Trade for the attention of the Director of Import with copies furnished to Head of Food and Drug Supervisory Agency and Director General for Agro-Chemical and Forest Produce Industries once in every three (3) months from date of issuance of the acknowledgment;

8. Violations against the provisions of this Decree may be imposed by the sanction in the form of annulment of the acknowledgment as IP and Importer’s Identity; 9. Since the stipulation of this Decree, other provisions set forth under decree of the

said minister No. 230/MPPKep/7/1997 are declared still applicable. Article II

This Decree comes into full force and effect from the date of stipulation.

For public cognizance, ordering the publication of this Decree by placing it in the State Gazette of the Republic of Indonesia.

Stipulated in Jakarta On June 17, 2003

THE MINISTER OF TRADE AND INDUSTRY

RINI M. SUMARNO SOEWANDI

Appendix 1:

DIRECTORATE GENERAL FOR AVERSEAS TRADE DEPARTMENT OF TRADE AND INDUSTRY

ACKNOWLEDGMENT AS IMPORTER AND PRODUCER OF 4 CHLORO-3, 5-DYMENTHYLPHENOL (IP-PCMX)

NO:

With regard to the application of Mrs/Ms…. On behalf of…..(company) in letter No…. dated…..pursuant to Decree of Minister of Trade and Industry No…. dated…..on procedure of Import of PCMX, we hereby grant:

ACKNOWLEDGMENT AS IMPORTER AND PRODUCER OF 4 CHLORO-3, 5-DYMENTHYLPHENOL (IP-PCMX)

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Company’s name/status :

Company’s address :

Phone/Fax No. :

Industrial Business Permit No. : Industry Registration Certificate :

(TDP) No. :

Taxpayer’s Code No. (NPWP) : Recommendation……….. :

QUANTITY AND TYPE OF PCMX THAT MAY BE IMPORTED ARE AS SPECIFIED IN THE ATTACHMENTS

Under the following conditions:

1. PCMX attached hereof shall only be used for production and shall not be sold/traded or transferred to any party;

2. Port of destination:……….

3. The procedure of import of the said goods must be done based on the provisions of the applicable laws;

4. regarding the implementation or non-implementation of import of PCMX as specified in the Attachment of this Acknowledgment, you must submit reports to Head of Food and Drug Supervisory Agency, the Director General for Agro-Chemical and Forest Produce Industries, and for the State Minister for environmental Affairs once in every three (3) months from date of this acknowledgment;

5. In the event of expansion of production that requires additional PCMX, your company may file an application to the Director General for Overseas Trade by submitting an expansion permit and a recommendation of Director General for Agro-Chemical and Forest Produce Industries/Head of Food and Drug Supervisory Agency;

6. You must submit a photocopy of Import Realization Control Card as attached hereof for every import activity not later than two (2) weeks to the Director General for Overseas Trade c.q. Director of Import after being legalized by the local customs and excise officer;

7. You must show the original copy of the acknowledgment as importer & producer of hazardous materials to the customs and excise officer for every import activity; 8. Violations against the provisions set forth in paragraph (8) of Decree of Minister of

Trade and Industry No …….. dated…. May be imposed by sanctions in accordance with the applicable laws;

9. The acknowledgment as IP-PCMX is valid until……….. Cc:

1. Minister of Trade and Industry;

2. State Minister for Environmental Affairs;

3. Inspector General of Department of Trade and Industry;

4. Director General for Customs and Excise, Department of Finance; 5. Director General of Taxation, Department of Finance;

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7. Director General for…….. Department of Trade and Industry; 8. Head of Food and Drug Supervisory Agency;

9. Director of Import, Directorate General for Overseas Trade; 10. Head of local Dinas Perindag…..

11. Head of local Regional Office of Customs and Excise. LIST OF GOODS

ATTACHMENT OF ACKNOWLEDGMENT AS IMPORTER & PRODUCER OF PCMX (IP-PCMX)

No. 417/MPP/Kep/6/2003 NO. DESCRIPTION OF

GOODS

TARIFF SCHEDULE

TOTAL

Jakarta,

Referensi

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