DECISION OF DIRECTOR GENERAL OF FOREIGN TRADE NO. 04/DAGLU/KP/I/2003
DATED JANUARY 31st, 2003 ON
TECHNICAL DIRECTIVES FOR DECREE OF MINISTER OF INDUSTRY AND TRADE NO. 32/MPP/KEP/1/2003 ON EXPORT OF FOREST-BASED INDUSTRY
PRODUCTS
THE DIRECTOR GENERAL FOR FOREIGN TRADE,
Considering:
That in the framework of enforcing Decree Minister of Trade and Industry No. 32/MPP/Kep/1/2003 on Export of Forest-based Industry Products, it is necessary to stipulate elucidation on the said decree.
In view of:
1. Law No. 9/1995 on Small-Scale Businesses;
2. Presidential Decree No. 109/2001 on First-echelon organizational units and tasks of ministries;
3. Decree of Minister of Trade and Industry No. 558/MPP/Kep/12/1998 juncto No. 31/MPP/Kep/1/2003 on Export General Provisions;
4. Decree of Minister of Industry and Trade No. 590/MPP/Kep/10/1999 on Issuance of Industrial business license, expansion permit, and industrial registry number; 5. Decree of Minister of Industry and Trade No. 86/MPP/Kep/3/2001 on
Organization and Work Procedure of the Ministry of Industry and Trade;
6. Decree of Minister of Industry and Trade No. 32/MPP/Kep/1/2003 on Export of Forest-based Industry Products.
DECIDES:
To stipulate:
THE DECISION OF DIRECTOR GENERAL OF FOREIGN TRADE ON TECHNICAL DIRECTIVES FOR DECREE OF THE MINISTER OF INDUSTRY AND TRADE NO. 32/MPP/KEP/1/2003 ON EXPORT OF FOREST-BASED INDUSTRY PRODUCTS.
Article 1
On this decree, the meaning of:
2. Finger Joint is a processed wood, which is acquired by joining dried sawn wood by kiln dryer and planed by planer to form a toothed joint (the joining of wood is done using finger joint device) and the final product is usually in the form of finger joint stick or finger joint board under the condition that every log, which is joined, is part of the processed wood and has a measurement as follows length 100 cm or less and width 25 cm or less.
3. S2S, S3S, and S4S are sawn dust, which has been processed by kiln dryer with water content equal to or less than 16% and is processed in a moulder and has an accurate length and width in the entire surface of not more than 12 cm and width of not more than 25 cm.
4. S2S, S3S, and S4S as set forth in paragraph (3) are:
S2S : Two (2) shaved sides, Those, which are processed by moulder, are two (2) width parts of sawn wood.
S3S : Three (3) shaved sides. Those processed by moulder are two (2) width parts and one (1) thick part of sawn wood.
S4S : Four shaved sides. Those processed by moulder are two (2) width parts and one (1) thick part of sawn wood.
Article 2
1. Commodities, which are classified into HS No. 4406 and HS No. 4407, are railway track underpinning and sawn wood.
2. Commodities, which are classified into HS. No. 4409, HS. No. 4413, HS. No. 4414, HS. No. 4415, HS. No. 4416, HS. No. 4417, HS No. 4418, HS. No. 4419, HS No. 4421, and HS. No. 9406, are processed wood.
3. Commodities, which are classified into HS. No. 4408, HS. NO. 4410, HS. No.4411 and HS. No. 4412, are wood panel and secondary processed wood panel, which includes veneer, plywood, laminated veneer lumber (LVL), block board, particle board, hard board, medium density board (MDF), high density fiber board (HDF), fiber board, oriented strand board OSB), flake board, water board, ect. 4. Commodities, which are classified into HS No. 4601 and HS No. 4602, are
industry products using rattan as raw material.
5. Commodities, which are classified into HS No. 9401 and HS No. 9403, are Furniture. Furniture, as specified in this Decree, is the one that uses wood and rattan as raw materials.
6. Commodities, which are classified into Hs. No. 4703, HS. No. 4801, Hs. No. 4802, HS. No. 4803, HS. No. 4804, HS. No. 4805, HS. No. 4806, HS. No. 4808, HS. No. 4809, HS. No. 4810, HS. No. 4811, HS. No. 4812, HS. No. 4813, HS. No. 4814, HS. No. 4816, HS. No. 4817, HS. No. 4818, HS. No. 4820, HS. No. 4821, and HS. No. 4823, are pulp and paper using wood as raw material.
7. Commodities, which are classified into HS. No. 1401.20.500, HS. No. 1401.20.600, HS. NO. 1401.20.700 and HS. No. 1401.20.900 are rattan industry products, which are, amongst others, in the form of: refined round rattan, rattan heart, and rattan skin.
1. The application for Registered Exporter for Forest Products (ETPIK) shall be submitted to the Director General for Overseas Trading in compliance with the provisions set forth in Decree of Minister of Industry and Trade No. 32/MPP/Kep/1/2003 through:
a. Director for Export of Agricultural and Mining Products for sawn wood, processed wood, wood panel, rattan or wood furniture, industry products using rattan as raw materials (rattan mats and other rattan products, amongst others, rattan heart and rattan skin).
b. Director for Export of Industry Products for Pulp and Paper made of wood as raw material.
2. Export of forest products may only be conducted by Producer & Exporter who has obtained industry business permit and who does not breach the laws applicable for the entire Indonesian ter ritory, which permit is issued by the authorized institution and it is in compliance with the conditions set forth in Decree of Minister of Industry and Trade No. 32/MPP/Kep/1/2003 to be acknowledge as ETPIK.
3. In the event that the Exporter & Producer, as specified in paragraph (1), is classified into small industry, the Industry Registration Certificate (TDI) may be used as substitute for Industry Business Permit (IUI).
4. The application set forth in paragraph (1) must obtain recommendation from Forest Industry Revitalization Agency (BRIK).
5. Small business performers of forest industry, to be acknowledged as ETPIK, shall be obliged to comply with the provisions set forth in Article 3 of Decree of Minister of Trade and Industry No. 32/MPP/Kep/1/2003.
6. In case that the small business performers of forest industry, as set forth in paragraph (5) exports forest products and he or she no been able to export forest products and has not been able to comply with all of the conditions set forth in Article 3 paragraph (1) of Decree of Minister of Trade and Industry No. 32/MPP/Kep/1/2003, Certificate of ETPIK will still be granted in favor of him or her.
7. If, within a period of four (4) months the issuance of Certificate of ETPIK, small business performers of forest industry, as set forth in paragraph (6) has not been able to submit all of the requirements set forth in Article 3 paragraph (1) of Decree of Minister of Trade and Industry No. 32/MPP/Kep/1/2003, his or her ETPIK Certificate will be revoked.
Article 4
1. A qualified application will immediately be processed to Certificate of ETPIK. 2. Companies, which have acquired ETPIK certificate, will be verified in order to
know about legality of the required documentation and the existence of the companies whether they are still active in accordance with the permit.
For Entry Industry Revitalization Agency, and, if necessary, hand-in hand with independent institutions authorized in accordance with the applicable laws.
4. ETPIK Certificate will be void if result of verification shows that the company has not been active in production for 12 consecutive months and does not use productions machinery in accordance with the products that will be exported. 5. The Administrative process for the issuance of ETPIK Certificate shall be
accomplished not later than six (6) working days after fulfillment of all conditions by the applicant (Exporter & Producer).
Article 5
1. Holder of Certificate of registered Plywood Exporter (ETKL) bearing Producer status may renew the said certificate to Certificate of ETPIK by enclosing the original document or duplicate of Certificate of ETKL and recommendation from the Forest Ind ustry Revitalization Agency.
2. To renew company’s data, holder of certificate of ETKL must enclose all requirements as specified in Article 3 paragraph (1) of Decree of Minister of Trade and Industry No. 32/MPP/Kep/1/2003 to know whether the company undergoes changes of data in one or more of the required documents.
3. If, data of the company as holder of Certificate of ETKL has undergone changes, the said company must submit a notification of change of data upon submitting application for Certificate of ETPIK.
4. Certificate of ETKL will be void after February 28th, 2003 in case that the company, which has acquired ETKL Certificate does not renew their ETPIK Certificate.
Article 6
1. ETPIK must report to the Director General for Overseas Trading, Director General for Agro Chemical and Forest Produce of Department of Trade and Industry, Director general for Development of Forest Products of Department of Forestry, and Forest Industry Revitalization Agency (BRIK) regarding:
a. Annual export and productions plan not later than 31 January of the current year.
b. Realization of productions and exports of the first quarter not later than 30 April, second quarter 30 July, third quarter 30 October, and fourth quarter 30 January.
c. Format of the repots set forth in paragraph a and b is as specified in Appendix I, II, III, and IV to this decree.
2. ETPIK having line of business in sawn wood, veneer, and wood panel, other than the obligation to report, as set forth in paragraph (1), must also report:
a. Annual plan on use of raw materials not later than 31 January of the current year.
b. Monthly realization of use of raw material not later than thirty (30) working days after the current month.
Article 7
1. In the event of change of data in one or more of the required documents for Certificate of ETPIK, the relevant company must submit report on the said changes to the Director General of Overseas Trading with a copy furnished to the Forest Industry Revitalization Agency not later than fifteen (15) days from the occurrence of the said changes.
2. The changes specified in paragraph (1) are, amongst others, changes of Industry Business Permit Number, Company’s Registration Certificate Number, name of company’s manager, factory locatio n, and office location.
3. ETPIK who does not submit the reports as set forth in Article 7 paragraph (1) shall be imposed by administrative sanctions in the form of Memoranda I,II, and III with and interval of fifteen (15) days respectively. And should there be any unfulfilled requirements, the ETPIK certificate will be frozen and revoked within ten (10) days after date of freezing.
Article 8
ETPIK must write down number of Certificate of ETPIK in the Export Notification (PEB).
Stipulated in Jakarta On January 31st, 2003
DIRECTOR GENERAL FOR OVERSEAS TRADING
Signed
SUDAR S.A.
Appendix : I Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name :
EPTIK No :
No. Product Volume/Weight
Total :
Appendix : II
Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name :
EPTIK No :
No. Destination Country Product Volume/Weight
Total :
Appendix : III
Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name
:
EPTIK No. :
No. Product Volume/Weight
Total :
Appendix : IV
Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name
:
EPTIK No. :
No. Destination Country Product Volume/Weight Volume (US$)
Total :
Appendix : V
Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name
:
EPTIK No. :
No. Type of Wood Volume(M3)
Total :
Appendix : VI
Decision of Director General of Foreign Trade
Nomor :
04/DAGLU/KP/I/2003
Company’s Name
:
EPTIK No. :
No. Type of Wood Volume(M3)