EMBASSY OF THE UNITED STATES OF AMERICA, JAKARTA, INDONESIA

       
     
Overview
Import Policies
Standards, Testing, Labeling and Certification
Government Procurement
Export Subsides
Lack of Intellectual Property Rights
Services Barriers
Investment Barriers
 

FOREIGN TRADE BARRIERS 1999 - INDONESIA

IMPORT POLICIES

In recent years, Indonesia has liberalized its trade regime and taken a number of important steps to reduce protection. The Indonesian Government did so by issuing periodic deregulation packages that have incrementally reduced overall tariff levels, simplified the tariff structure, removed restrictions, replaced nontariff barriers with more transparent tariffs, and encouraged foreign and domestic private investment. In conjunction with its IMF stabilization program, the government has issued reform decrees that stipulate the reduction of taxes, tariffs and quantitative restrictions on exports and imports.

Tariffs

In 1998, Indonesia continued to reduce tariffs. As part of its economic reform program, the government has been implementing a general program of tariff reduction in which it included significant tariff reductions on food and agricultural goods, an area previously heavily protected. In February 1998, the government reduced tariff rates on non-food agricultural products by 5 percentage points and will cut them to a maximum of 10 percent by 2003. Tariffs on all food items were cut to a maximum of 5 percent effective April 1, 1998. Indonesia's applied tariff rates range from 5 to 30 percent. Major exceptions to this range are the 170 percent duty applied to all imported distilled spirits and the 125 percent duty assessed built up passenger vehicles (subject also to a 75 percent import surcharge equaling total import taxes of 200 percent on these vehicles). Automobile complete knockdown kits (CKD) are assessed import duties that range from zero to 65 percent, depending upon the vehicle category and local content incorporated. All processed goods are subject to a 10 percent value-added tax. A luxury tax ranging from 20 percent to 35 percent is also levied on certain products. For example, the combination of tariff, VAT, and luxury tax results in an applied tariff of 271 percent for imported wine. The auto luxury taxes are assessed based on the net selling price, engine size and local content levels. Despite Indonesia’s tariff reductions as specified in their IMF Memoranda of Economic and Financial Policy (MEFP), companies in several sectors fear that non-competitive practices will continue once the economic crisis has abated. Several current tariff rates are temporary and unbound. These rates are lower than

Indonesia’s commitments under the Uruguay Round bound tariff rate, and are therefore believed to be vulnerable to increases by Indonesia.

In May 1995, the Indonesian Government unveiled a comprehensive tariff-reduction package covering roughly two thirds of all traded goods, designed to reduce most tariffs to under 5 percent by 2003. The package stipulated that all tariff items with a rate of 20 percent or less would be reduced to no greater than 5 percent by 2000, and items with rates of more than 20 percent would be reduced to no more than 20 percent by 1998, and 10 percent by 2003. Exclusions from these tariff cuts for chemical, metal, and agricultural products have been removed, leaving in place the exclusion for automobiles. This tariff reform generally extends Indonesia's commitments under the Association of Southeast Asian Nations (ASEAN) Free Trade Area (AFTA) on an MFN basis.

U. S. industries have expressed concern over access to Indonesian markets which remains restricted by various trade barriers. These complaints cite arbitrary valuations for tariff assessments, and tariffs and luxury taxes imposed on imported products (in addition to a 10 percent VAT applied to all processed goods): large motorcycles (150 percent import duty; 35 percent luxury tax), toys (10-20 percent import duty), wine (40 percent import tariff; 35 percent luxury tax; 2.5 percent local service tax), distilled spirits (170 percent import tariff; 35 percent luxury tax), air conditioning and refrigeration equipment (10-15 percent tariff; some items subject to 20 percent luxury tax), forest products (0-10 percent tariff), and soda ash (5 percent tariff).

As of January 1999, 59.4 percent of Indonesia's tariff lines were assessed import duties ranging between 0 and 5 percent. Indonesia’s average unweighted tariff is 9.5 percent, compared to 20 percent in 1994. In the Uruguay Round market access negotiations, Indonesia committed to bind 94.6 percent of its tariff items, mostly at ceiling bindings of 40 percent. Exceptions to the 40 percent binding include automobiles, iron, steel, and some chemical products. In accordance with the WTO Agreement on Agriculture, Indonesia has agreed to tariffy its nontariff barriers on agricultural products. Some of the exceptions to the 40 percent tariff bindings are still heavily protected. For example, when the Indonesian Government lifted the import ban on completely built-up cars in 1993, it replaced the ban with duties of up to 200 percent and import surcharges of 100 percent. The import levies were decreased in a subsequent deregulation package, but tariffs of up to 125 percent are still compounded by import surcharges of up to 75 percent on completely built-up models. Indonesia has committed to remove import surcharges on items bound in the Uruguay Round by the year 2005. Indonesia’s pioneer auto program (see also "Investment Barriers"), was found to be in violation of Indonesia’s WTO commitments by the WTO dispute settlement Appellate Body in July 1998, upholding the earlier Panel finding.

Quantitative Restrictions

Before agreement on Indonesia’s IMF program, the sole importer and distributor of major bulk food commodities, such as wheat, rice, sugar, and soybeans, was the National Logistics Agency (BULOG), a state trading entity. Prices of these commodities were often higher than world market prices or heavily subsidized. As a result of the IMF stabilization program, the role of the National Logistics Agency (BULOG) has been sharply curtailed. Current regulations now permit private companies to import and distribute wheat, wheat flour, soybeans, garlic, and sugar. BULOG retains the authority to maintain the country’s rice stabilization program and therefore continue imports as needed. At the present time, the BULOG maintains the exclusive right to import rice. This state trading of rice prevents U.S. rice exporters from having direct access to the Indonesian market. BULOG no longer imports any other commodities. Local content regulations on dairy products were eliminated on February 1, 1998. Indonesia has agreed to phase out all quantitative import restrictions other than those justified for health, safety, environment, and security reasons by the end of the IMF program period (November 2001). Also, there are quantitative restrictions on imports of wines and distilled spirits, and industry complains that only a small portion is allocated for domestic sales with the majority going to duty-free stores.

Import Licensing

The government continues to reduce the number of items subject to import restrictions and special licensing requirements. Approximately 160 tariff lines still remain subject to restrictive import licenses, down from 261 in 1994 and 1,112 lines in 1990. However, some U. S. industries continue to express concern over Indonesia's license and quota system that operates as a de facto ban on imports such as motorcycles, wine, and films. For goods that continue to be regulated, the following import license categories exist (number of affected tariff lines provided in parentheses): registered importers,-- alcoholic beverages {only 2 companies approved since 1983} (27), hand tools (6); producing importers -- artificial sweeteners (3), propylene granules (2),engines and pumps (5), tractors (3), knocked-down electronic keyboards (1), and scrap materials (57); approved importers/sole agents -- motor vehicles (47); state oil company PERTAMINA -- lube oil (3); PT Dahana -- explosives (4). In accordance with Indonesia's WTO commitments, the nontariff barriers on items not controlled by state trading agencies will be removed over a ten-year period.

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