4.3.Non-genuine manufacturer, not complying with the GPS regulations: [Bedrijf 2] (18-19 February 2013)
On the spot, it was found that [Bedrijf 2] has been purportedly taken
over by another Indonesian company, in December 2012. As the purchase of the company
was concluded in December 2012, the person claims to be its new manager (hereafter: the
new Manager) has not decided yet whether it will keep or change the company name, i.e.,
[Bedrijf 2] . The new manager stated that [Bedrijf 2] was purchased to
manufacture in the future steel fasteners for the local market.
According to the new Manager’s statement, [Bedrijf 2] was owned by a Chinese
company, and the former Managers left Indonesia after having sold the company in January,
2013. Following his statement, he purported that the former Manager removed some
equipment from the factory, in particular the loading and unloading ramps. He also stated
that the former activity of the company was the manufacturing of steel fasteners from semi
finished product. However, the new manager stated that former company stopped production in October, 2012. Moreover, the new Manager stated that he never saw the factory producing steel fasteners.
On the spot, at the premises of the factory there were five (5) heading machines, five (5)
threading machines, one (1) heat treatment machine and three (3) plating machines and
washing machines. These 14 machines are identical to those described and shown in the
company profile provided in September 2012 by the former management of the company to
the Batam Indonesia Free Trade Authority (BIFZA).
He also stated that the customers placed their orders to the sales office of [Bedrijf 2]
in China. The new Manager stated that [Bedrijf 2] have had more than
50 customers in the EU.
Some documentation related to export consignments of steel fasteners to EU, sales contracts and imports of steel fasteners from the PR China, remained at the office of the company. Among this documentation invoices were found of the machinery described above and office equipment imported into Indonesia from the PR China. The Team also found copies of imports of “fasteners” and of “steel products (fasteners)” from the PR China. All imports were invoiced by the same Chinese company, [naam Chinees bedrijf] Ltd.
No documentation was found related to payments, bank transactions, electricity consumption, water supplying and/or any other supplying of materials like pallets, cartons, etc, necessary for the alleged activity of the company, i.e., the manufacture of steel fasteners.
The new Manager stated that the former factory had around 44 workers. He was shown the quantities of steel fasteners exported to the EU during 2010 to 2012, and he stated that it was impossible to manufacture such amount of steel fasteners with the equipment and
machinery installed in the factory.
In addition to the visit of the premises of the factory, a visit was paid to the forwarding
agency [naam forwarding agency] , in Batam Island. The sales Manager of [naam forwarding agency] stated that the agency have
arranged the transport for the consignments imported by [Bedrijf 2] from the PR
China to Singapore, and afterwards to Batam, and the transport of similar consignments of
steel fasteners exported from Batam to the EU, via Singapore. [naam forwarding agency] Sales Manager
confirmed to the EU mission team that the last importation arranged on behalf of [Bedrijf 2] was for six (6) containers of steel fasteners shipped at the Port of Ningbo, PR China, on 18 October 2012.
Based on the findings mentioned above, it is concluded that [Bedrijf 2] did not
have real capacity to manufacture steel fasteners, neither from raw material and/or from
semi finished products, as they claimed to BIFZA. Therefore, the “semi finished” products, as described on the invoices issued by Ningbo Jinding Fasteners, imported from PR China into Batam was actually “finished product, and the same product imported from PR China, was re-exported to the EU.
5 Mission conclusions in relation with the GSP certificates of Indonesian Preferential Origin Form A.