The government has also released a policy on anti-dumping import duties (Bea Masuk Anti Dumping/BMAD) on imports of Biaxially Oriented Polyethylene Terephthalate products. This policy is outlined in the Minister of Finance Regulation No. 11/PMK.010/2021 concerning the Imposition of Anti-Dumping Duties on Imports of Biaxially Oriented Polyethylene Terephthalate (BOPET) Products from India, the People's Republic of China, and Thailand (MoF Reg. 11/2021).
The provisions under MoF Reg. 11/2021 regulate several points. First, the scope of imports of BOPET products entitled to BMAD. The BOPET imports referred to in this policy include those from India, the People's Republic of China, and Thailand.
On another note, the BOPET criteria referred to in this policy are in the form of plates, film sheets, foil, and other strips. The BOPET materials allowed in this policy include plastic, non-cellular, non-reinforced, non-laminated, unsupported, and not combined with other materials. More detailed BOPET criteria are listed in HS Codes 3920.62.10 and 3920.62.90.
Second, the amount of BMAD that applies to each country, i.e. India, the People's Republic of China, and Thailand. In addition to being stipulated based on country of origin, the amount of BMAD is differentiated based on exporters or producer exporters. The amount of BMAD on BOPET as referred to under MoF Reg. 11/2021 can be seen in Table 1.
Table 1 Amount of Anti-Dumping Import Duties
Source: MoF Reg. 11/2021.
Third, BMAD imposed on BOPET can be included as additional custom duties or preferential import duties. BMAD is categorized as additional import duty if the import of BOPET originates from a country with a most favored nation trade agreement.
Moreover, BMAD can also be categorized as additional preferential import duty if the import is carried out by a country included in the scheme of international goods trading agreement and meets the provisions of said agreement scheme. If the provisions in the scheme of international goods trading agreement are found unfulfilled, it shall be categorized as additional import duty.
Fourth, the requirements for BMAD imposition on BOPET. First, the import customs declaration document has obtained a registration number from the customs office in the event that customs obligations are settled by submitting customs declaration. Second, BMAD on BOPET also fully applies if the tariff and customs value are stipulated by the customs office in the event that customs obligations are settled without submitting the customs declaration. The two conditions are optional, thus, the imposition of BMAD on BOPET applies if one of the conditions is met.
Fifth, supplies of BOPET to and from special areas. If BOPET is imported or exported to and from free trade zones and free ports, bonded storage areas, or special economic zones, the implementation shall be based on prevailing provisions. As such, the provisions under MoF Reg. 11/2021 do not apply to imports and exports of BOPET to and from these areas.
The provisions under MoF Reg. 11/2021 shall come into effect 14 days from the promulgation date, i.e. 17 February 2021 and shall be valid for five years as of the enactment of this regulation.