Non-new capital goods

Member: 

Basic information

1

Outline of the system

The import licensing system for non-new capital goods is administered by Ministry of Trade and governed under the Regulation of Minister of Trade No. 118 year 2018 concerning the Provisions for Import of Non-New Capital Goods and the Regulation of Minister of Trade No. 76 year 2019 as its amendment. Both regulations are mandated by Article 47 of Law No. 7 Year 2014.

2

Product coverage

The required license is Import Approval. The licensing covers 260 products for direct-user company, 184 products for reconditioning company, and 20 products for remanufacturing company, each identified by 8-Digit HS Code, which is stipulated in the Annex of the Regulation of Minister of Trade No. 76 year 2019 and the Annex of the Regulation of Minister of Trade No. 118 year 2018.

Nature of licensing

Automatic

3

If Automatic, administrative purpose

Non-Automatic

4

If Non-Automatic, description of the notified Non-Automatic Licensing regime

5

Products under restriction as to the quantity or value of imports

This licensing system is not intended to restrict the quantity or value of imports. It is designed to improve the effectiveness of the import policy on non-new capital goods and to support the post-border survaillance on the import of non-new capital goods. Due to the latest provisions for import of non-new capital goods had been expired on 18 December 2018, it is necessary to set up the new regulation to govern the importation of non-new capital goods.

6

Questions for products under restriction as to the quantity or value of imports

Not applicable.

7

The system applies to products originating from which country?

The licensing system applies to goods originating in and from all countries.

8

Expected duration of licensing procedure

Eligibility of applicants

12

Is there a system of registration of persons or firms permitted to engage in importation?

13

What persons or firms are eligible to apply for a licence?

The non-new capital goods which are stipulated in the annex of both regulations can be imported by direct-user company, reconditioning company, and remanufacturing company.

14

Is there a registration fee?

15

Is there a published list of authorized importers?

Contact point for information on eligibility

16

Ministry/Authority

17

Address

18

Telephone

19

Fax

20

E-mail address

21

Website

22

Contact officer

Submission of an application

23

Administrative body(ies) for submission of an application

Documentation requirements

24

What information is required in applications?

25

What documents is the importer required to supply with the application?

In applying for Import Approval for Non-New Capital Goods, direct-user company shall submit written request to DG of Foreign Trade by attaching following documents:

- The valid NIB that applies as The Producer Importer Identity Number (API-P)
- Business permit
- Import Plan which covers type of goods, tariff/8-Digit HS Code, volume and unit of goods, country of origin, and destination port
- Class Certificate, Builder Certificate, Nationality, Certificate, and Tonnage Certificate
- Sufficiently sealed statement stating the correctness of documents
- Sufficiently sealed statement stating that BMTB included in Tariff Post/HS 8901.20 will be converted to storage vessels as listed in Annex IV of the Regulation
- Proof of replacement of the flag in the form of a national identity certificate and letter of temporary measurements issued by the ministry in charge of government affairs in the field of transportation, for BMTB which is included in Tariff Post/HS 89.

In applying for Import Approval for Non-New Capital Goods, reconditioning company shall submit written request to DG of Foreign Trade by attaching following documents:

- The valid NIB that applies as The Producer Importer Identity Number (API-P)
- Industrial Business permit for reconditioning industry or repair service or similar business permit
- The report of survey result in regard to technical feasibility of recondition and/or repair/recovery in accordance with technical guidelines from relevant Ministries
- Proof of reconditioning workshop possession
- Import Plan which covers type of goods, tariff/8-Digit HS Code, volume and unit of goods, country of origin, and destination port

In applying for Import Approval for Non-New Capital Goods, remanufacturing company shall submit written request to DG of Foreign Trade by attaching following documents:

- The valid NIB that applies as The Producer Importer Identity Number (API-P)
- Industrial Business Permit for remanufacturing industry
- Appointment letter from the brand holder company
- Proof of remanufacturing workshop possession
- The report of survey result in regard to technical feasibility of remanufacturing and/or repair/recovery business in accordance with technical guidelines from relevant Ministries
- Import Plan which covers type of goods, tariff/8-Digit HS Code, volume and unit of goods, country of origin, and destination port

Window of submission of an application

26

How far in advance of importation must application for a licence be made?

The Import Approval can be applied at any times prior to the importation.

27

Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

No.

Issuing the license

28

Can a licence be granted immediately on request?

It cannot.

29

Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

30

Which administrative body is responsible for approving application of licences?

Import license is issued by Director General of Foreign Trade – Ministry of Trade.

31

Must the applications be passed on to other organs for visa, note or approval?

32

Are there any other conditions attached to the issue of a licence?

No.

Fees and other administrative charges

33

Is there any licensing fee or administrative charge?

No.

34

What is the amount of the fee or charge?

35

Is there any deposit or advance payment required associated with the issue of licences?

No.

36

Amount or rate?

37

Is it refundable?

38

What is the period of retention?

39

What is the purpose of this requirement?

Refusal of an application

40

Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

An application of Import Approval may only be refused under the ordinary criteria or when the application is incomplete or incorrect.

41

Are the reasons for any refusal given to applicants?

Reasons for refusal will be advised and will be communicated to applicants electronically.

42

Have applicants a right of appeal in the event of refusal to issue a licence?

43

If so, to what bodies and under what procedures?

Importation

44

Are there any limitations as to the period of year during which importation may be made?

No.

45

What documents are required upon actual importation?

Importers are required to prepare:

(a) Import Declaration.
(b) The importers should attach a copy of import approval for custom clearance purposes.
(c) Surveyor Report.

46

Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

The report of survey result for both reconditioning company and remanufacturing company.

Conditions of licensing

47

What is the period of validity of a licence? Can the validity be extended? How?

The validity period of the import approval is at the maximum for 1 (one) year. The import approval can be extended 1 (one) time for a maximum period of 60 (sixty) days. The request for the extension shall be submit to Director General of Foreign Trade – Ministry of Trade at latest 30 (thirty) days before the expired date of import approval.

48

Is there any penalty for the non-utilization of a licence or a portion of a licence?

No.

49

Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

No. The Import Approval is not transferable.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

51

Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

52

Is foreign exchange always available to cover licences issued?

Not applicable.

53

What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.