ISSUANCE OF RULING
Thai Customs will attempt to issue an Advanced Ruling Letter setting forth a determination with respect to a specifically described Customs transaction whenever a request is submitted in accordance with the regulations. The ruling application must be submitted to Thai Customs at least 30 days before the proposed date of importation of the goods. While Thai Customs advises that it generally issues an Advance Ruling Letter within 30 working days of the request, including any required supplemental information required to make a determination with respect to a specifically described Customs transaction whenever a request is submitted in accordance with the regulations, in practice a ruling can take a substantially longer period.
Ruling Letters which do not concern prospective transactions may take several months, potentially years, to be provided by Thai Customs.
Reliance on Ruling Letters by Others
A Customs ruling letter (and advance ruling letter) is subject to modification or revocations without notice to any person except the person to whom the letter was addressed. Accordingly, no other person should rely on the ruling letter or assume that the principles of that ruling will be applied in connection with any transaction other than the one described in the letter. However, the rulings do offer a guideline as to how Customs interprets the laws and regulations. If a similar transaction is questioned, the use of the rulings will indicate the potential decision and course of action to pursue.
Effective Dates
Except as otherwise provided for in the ruling itself, all rulings published shall be applied immediately. An advance-ruling letter may be delayed for up to 90 days if the party requesting the ruling can reasonably demonstrate that it relied on a prior advance ruling to its detriment.
Publication of Decisions
Rulings in Thailand are not typically made public. However, some classification decisions are in the public domain.
CHAPTER 11
POST ENTRY
POLICY
F-M will comply with applicable reporting requirements and will promptly respond to inquiries and requests for information by Customs. Failure to respond to Customs inquiries may result in penalties. F-M will take appropriate steps to report to Customs any errors or omissions related to any importation.
Amendment of Entry
Thailand does not have a formal process to amend an import entry. Normally, errors affecting the duty amount (e.g. valuation, classification) can be disclosed without penalty if a bona fide voluntary declaration is made. Errors relating to import licensing and the hand carry of goods cannot normally be made without penalty.
Request for Information
In performing its responsibilities in connection with imports into Thailand, Customs will occasionally seek information from importers in addition to that requested in the entry package. These requests may be oral or in writing.
• Any employee receiving a Request for Information from any Customs official, whether written or oral, will promptly notify the Import / Export Coordinator. The Import / Export Coordinator will review the request and determine if anyone else in F-M needs to be notified (e.g., outside consultants).
• If the Request for Information is in writing, the Import / Export Coordinator will prepare a response no later than a week before it is due. Any comments will be incorporated into a revised response and sent to Customs so it is received no later than the due date. The submission will also include a "stamp and return" receipt copy for F-M's records.
• If the Request for Information is made orally, the employee receiving the same will make sure that he/she understands the information being requested. The employee will provide a response if he/she feels that it is a simple technical question to which he/she is certain of the response. Once the employee has provided the response to Customs, he/she will prepare a memorandum to the file setting forth the request, substance of the conversation with the Customs official and response provided. If the employee is uncertain of the answer, he/she will prepare a memorandum setting forth Customs’ request and submit it to the Import / Export Coordinator for response. The memorandums will be maintained in the Customs correspondence file.
Customs Assessment
Thai Customs do not typically issue assessments until the matter has been discussed with an importer.
Any employee receiving indication of a potential assessment from Customs will promptly submit it to the Import / Export Coordinator. The Import / Export Coordinator will review the case and seek advice from the Global Trade Compliance Manager, Customs broker and/or outside consultants if considered necessary. If after consulting with the Customs broker and/or outside consultants the Import / Export Coordinator is not in agreement with the position of Thai Customs, appropriate representations and supporting arguments for F-M's position must be made to Customs.
Assessment Dispute
Once an assessment by the Post Clearance Audit Bureau or Investigation Suppression Bureau has been made, F-M should file an appeal to the Legal Affairs Bureau which will transfer the case to the Board of Appeal. If the result is unfavorable, F-M can decide to file the case in court. However, in the case of unfavorable outcome at the court level, the current fines for losing the case are four times the duty paid value of the goods and potential criminal action may be taken against Directors of a company. As such, F-M would not undertake such action.
If the assessment is made by the Port of Clearance (i.e., entry port), appeals can be lodged to the Board of Appeals without the threat of additional penalty. Normally, outside consultants should be involved in the decision making process. The Board of Appeals route can take several years to conclude, and may involve a further appeal to the Tax Court, again without threat of additional penalties.
Prior Disclosure
Thai law, under Section 4 of Customs Rule No. 10/2554 allows for disclosures of duty underpayments to be made without penalty if it is a bona fide voluntary disclosure.
All F-M employees are expected to promptly report to the Import / Export Coordinator any mistakes he/she may have made in connection with an importation or any circumstances leading the employee to believe an error or omission has occurred regarding information submitted to Customs.
The Import / Export Coordinator will thoroughly investigate any reports received regarding any errors made in connection with an importation. The Import / Export Coordinator will determine the facts and circumstances surrounding the suspected violation, including:
1) whether the suspected violation is continuing;
2) whether there exists evidence of a clerical error or mistakes of fact;
3) the extent to which F-M and the employees involved in the incident exercised reasonable care or failed to meet their legal responsibilities;
4) any indication that Customs may have commenced an investigation against F-M;
5) any revenue loss to Customs; and
6) whether F-M’s procedures need to be adjusted in order to prevent similar situations from reoccurring.
If the Import / Export Coordinator determines that the error occurred because of deficiencies in control procedures, the practice(s) in question will be immediately terminated and the Import / Export Coordinator will develop necessary procedures to prevent reoccurrence.
The Import / Export Coordinator will consult with the Global Trade Compliance Manager and outside consultants, if necessary, to determine whether a violation has occurred, the procedural changes needed to be implemented on a permanent basis to prevent future reoccurrence, and the appropriate approach to use to disclose the violation to Customs.
If the error involves negligence, gross negligence or fraud and F-M is not aware of the commencement of any investigation by Customs, F-M’s Import / Export Coordinator in consultation with the Global Trade Compliance Manager and other appropriate F-M officials should make a prior disclosure pursuant to Customs Rule No. 10/2554 Re: Amendments and Additions to the Code of Customs Rules with Relation to Case Settlement Criteria to Waive the prosecution under the Customs Act dated 2 May B.E. 2554. The Import / Export Coordinator should use a checklist to ensure the disclosure:
1) Identifies the class or kind of merchandise involved in the violation.
2) Identifies the entry number(s) of the importation(s) in question, or the Customs port(s) of entry and the approximate date(s) of entry.
3) Specifies the material false statement(s) or material omission(s) made.
4) Describes the true and accurate information or data which should have been provided in the entry documents.
5) Tenders any loss of duties.
6) Is sent to the port of entry where the violation occurred.
Any information unknown at the time of the disclosure should be made within 30 days from the date of the initial disclosure and the disclosure should include a statement to that effect.
CHAPTER 12
TRADE PREFERENCE PROGRAMS
POLICY
A number of countries have established programs under which certain products from certain countries may be eligible for lower duty rates or duty-free treatment. These programs are called duty preference programs. While the eligibility requirements are different for each program, it is F-M's policy to carefully observe the regulations and ensure compliance with each program being utilized.
CHAPTER 12.1
FREE TRADE AGREEMENTS
POLICY
F-M will use reasonable care in determining if an import or export qualifies for duty-free treatment under the various Free Trade Agreements (FTA). F-M will take steps to ensure compliance with procedural and documentary requirements for claiming tariff preference; therefore, assuring that preferential trade claims are supportable.
INTRODU