THE IMPORT OF USED MACHINES, MACHINE TOOLS AND CAPITAL GOODS (Decree of the Minister of Industry and Trade No. 129/MPP/KEP/4/2000
dated April 24, 2000)
THE MINISTER OF INDUSTRY AND TRADE
Considering :
a. that in view of the fact that purchasing power of society remains weak and in order to receive the real sector for accelerating economic recovery, the availability of machines, machine tools and capital goods at affordable prices is needed;
b. that in order to expand the business sphere of reconditioning services and direct user industries of machines, machine tools and capital goods in the country, to save foreign exchange and to provide more job opportunities, it is necessary to stipulate provisions on the import of used machines, machine tools and capital goods;
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. 10/1995 on customs affairs (Statute Book of 1995 No. 75, Supplement to Statute Book No. 3612);
4. Government Regulation No. 17/1986 on the authority to regulate, foster and develop industries (Statute Book of 1986 No. 23, Supplement to Statute Book No. 3330);
5. Presidential Decree No. 260/1967 on the affirmation of tasks and responsibility of the Minister of Trade in the field of foreign trade;
6. Presidential Decree No. 355/M/1999 on the establishment of the cabinet for the 1999-2004 period; 7. Presidential Decree No. 136/1999 on the status, tasks, functions, organisational structures and working
arrangements of ministries;
8. 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;
9. Decree of the Minister of Industry and Trade No. 229/MPP/Kep/7/97 on general provisions in the field of import;
10. Decree of the Minister of Industry and Trade No. 230/MPP/Kep/7/1997 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;
11. Decree of the Minister of Industry and Trade No. 160/MPP/Kep/4/1998 on the amendment to the Decree of the Minister of Industry and Trade No. 77/Kp/III/78 concerning the provisions on trading activities reserved for production companies in the framework of capital investments;
12. Decree of the Minister of Industry and Trade No. 444/MPP/Kep/9/1998 jo. No. 24/MPP/Kep/I/1999 on the organization and working arrangement of the Ministry of Industry and Trade;
13. Decree of the Minister of Industry and Trade No. 275/MPP/Kep/6/1999 on automotive industry;
14. Decree of the Minister of Industry and Trade No. 276/MPP/Kep/6/1999 on the registration of types and variants of vehicles;
15. Decree of the Minister of Industry and Trade No. 550/MPP/Kep/10/1999 on Importer Identity Numbers (API);
16. Decree of the Minister of Industry and Trade No. 49/MPP/Kep/2/2000 on requirements for the import of vehicles in Completely Built-Up (CBU) condition;
D E C I D E S :
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 Licenses shall be licenses 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 Licenses shall be licenses 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 licenses 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 licenses or business licenses 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. Surveyors shall be surveyors appointed by the government, namely PT Sucofindo and PT Surveyor Indonesia.
Article 2
The companies already securing industrial business licenses or business licenses as meant in Article 1 as well as Importer Identity Numbers/Approved Importer Identity Number (API/APIT) can import machines, machine tools and capital goods which are not in a scrap condition.
Article 3
The used machines, machine tools and capital goods as meant in Article 2 shall include : a. tools, implements, cutlery, spoons, forks and parts thereof of base metal (tariff heading 82);
b. nuclear reactors, boilers, machinery and mechanical appliances and parts thereof (Tariff Heading 84); c. electrical machinery and equipment and parts thereof, sound recorders and reproducers, television image
and sound recorders and reproducers, and parts and accessories of such articles (tariff heading 85); d. railway or tramway locomotives, rolling-stock and parts thereof, railway and tramway track fixtures and
fittings and parts thereof, mechanical (including electro mechanical) traffic equipment of all kinds (tariff heading 86);
e. vehicles other than railway or tramway rolling-stock, and parts and accessories thereof (tariff heading 87);
f. aircraft, spacecraft and parts thereof (tariff heading 88); g. ships, boats and floating structures (tariff heading 89).
Article 4
(1) The machines, machine tools and capital goods as meant in Article 3 can be imported in used condition, except those mentioned in Attachment I to this decree, which are prohibited from being imported;
(2) The import ban as meant in paragraph (1) can be excepted by the Director General of Industry and Trade for :
d. technical assistance and project aid on the basis of Government Regulation No. 19/1955;
e. vehicles belonging to ambassadors of the Republic of Indonesia already finishing their terms of assigment abroad.
Article 5
The used machines, machine tools and capital goods as meant in Article 4 used for reconditioning production processes or their own use can only be imported by :
a. reconditioning companies already having industrial business licenses;
b. direct user companies covering companies operating in industrial, transport service, tourism, fishery, plantations, forest exploitation, mining and construction sectors already having industrial business licenses or business licenses as meant in Article 1 point 2.
Article 6
In order to realize the import of the used machines, machine tools and capital goods as meant in Article 4, the companies as meant in Article 5 shall at least have the following documents :
a. industrial business licenses or business licenses to operate in transport services or tourism services or fishery or plantations, forest exploitation, mining or construction;
b. taxpayer code numbers;
c. Approved Importer Identity Number (API-T) or General Importer Identity Number (API-U) or Producer Importer Identity Number (API-P);
d. corporate registry numbers.
Article 7
(1) Types of the used motor vehicles for transport of goods with GVW of above 17.5 tons (Tariff Headings (HS) : 8701.20.000; 8704.22.900; 8704.23.190; 8704.23.990; 8704.32.190; 8704.32.990; 8704.90.190; 8704.90.990) and special vehicles (HS 8705) to be imported for reconditioning or direct use shall be registered at the Directorate General of Metal, Machine, Electronic and Multifarious Industries.
(2) In the framework of registration of the vehicles as meant in paragraph (1), companies shall complete the form of registration of types of used vehicles as contained in Attachment II to this decree.
(3) The form of registration of types shall be dispatched to the Directorate General of Metal, Machine, Electronic and Multifarious Industries.
(4) The Directorate General of Land Communications, Ministry of Communications, shall conduct road wothimess tests on vehicles to be operated on the public road.
Article 8
(1) The import of used machines, components of machine and capital goods as meant in Article 4 shall be accompanied by certificates of inspection certifying that the goods still can be repaired and re-functioned or are not in a scrap condition.
(2) The survey shall be done by surveyors in countries of origin or countries of destination of goods.
Article 9
Importers or companies violating the provisions in this decree shall be subjected to the following sanctions :
a. re-exporting the used machines, machine tools and capital goods already imported; b. revocation of importer identity numbers
Article 10
Article 11
This decree shall be effective for 2 (two) years, starting from the date of stipulation.
For public cognizance, this decree shall be published by placing it in State Gazette of the Republic of Indonesia.
Stipulated in Jakarta On April 24, 2000
THE MINISTER OF INDUSTRY AND TRADE sgd
M. JUSUF KALLA
ATTACHMENT I :
USED MACHINES, MACHINE TOOLS AND CAPITAL GOODS PROHIBITED FROM BEING IMPORTED
NO. TARIFF HEADING NO.
DESCRIPTION OF GOODS SPECIFICATIONS
1 84.07 Spark-ignition reciprocating or rotary internal combustion piston engines (gasoline engines including kerosene)
For stationer and ship engines of up to 25 HP
2 84.08 Compression-ignition internal piston engines (diesel or semi-diesel engines)
For stationer and ship engines of up to 35 HP
3 84.09 Parts of spark-ignition internal combustion engines (diesel and semi-diesel engines)
All types and sizes
4 84.27 Fork-lift trucks, other works trucks fitted with lifting or handling equipment
Fork-lift with capacity of up to 3.5 tons
5 84.29 Self-propelled bulldozers, angle-dozers, graders, levellers, scrappers, mechanical shovels, excavators, shovel loaders, tamping machines and road rollers
Bulldozers with capacity of 180-200 HP, grader motor with a capacity of 100-125 HP; excavators with capacity of 75-135 HP, loader with capacity of 110-220 HP. 6 84.83 Parts of gearboxes All types and sizes
7 8701.10.000 Hand tractors, designed for agricultural uses, single axle, one or two wheeled, equipped with one or more forward and reserve transmission, fitted with power take off (PTO) for rotary movement
For types and sizes of up to 35 HP
8 8701.19.200 Other hand tractors, designed for agricultural use, single axle, one or two wheeled
For types and sizes of uo to 35 HP
9 8701.10.900 Other hand tractors For types and sizes of uo to 35 HP 10 8701.90.000 Other tractors Tractors designed for agricultural use with
power of up to 45 HP 11 87.02 Motor vehicles for public transport All types and sizes 12 87.03 Motor cars and other motor vehicles principally
designed for transport of persons (other than those of heading No. 87.02) including station wagons and racing cars
All types and sizes
13 87.04 Motor vehicles for transport of goods Trucks with GVW of up to 17.5 tons 14 87.11 Motorcycles (including mopeds) and cycles
fitted with auxiliary motors with or without side-cars, side-cars.
All types and sizes
THE MINISTER OF INDUSTRY AND TRADE
ATTACHMENT II :
FORM OF REGISTRATION OF TYPES OF USED MOTOR VEHICLES
I DATA ON COMPANY
1. Name of Company :
2. Tax Payer Code Number :
3. Address of applicant/office of company : 4. No. & date of business license/SIUP :
5. API / APIT :
II TECHNICAL SPESIFICATION
1. Merk :
2. Type/Model :
3. Kind of Vehicle :
4. Manufacturing year :
5. Country of Origin of Import :
6. Chassis Number :
7. Engine Number :
8. Engine capacity :
9. Cylinder capacity :
10. Dimension
- Length (mm) :
- Width (mm) :
- Height (mm) :
- Axle length (mm) :
11. Gross weight (GVW) (Kg) :
12. Tipy of Transmission : Automatic/Manual *)
13. Steering system : Right
III NUMBER OF MOTOR VEHICLES IMPORTED (units) :
Note :
*) pick up as required
..., ...
Name and Signature of applicant
( ...)
