OBTAINING REFUNDS/DRAWBACKS ON YOUR DUTY PAYMENT
Refund of Duty
In the case where the Director-General deems fit, he may, without any claim, refund the duty paid in excess solely on account of calculation error, provided that such refund shall not be made after two years from the date of importation or exportation.
The right to claim a refund of the duty paid in excess shall lapse by prescription of the expiration of two years after the date of importation or exportation, as the case may be.
Drawback
Two types of drawback are specified in the Customs Act of 1939:
Drawback paid in goods that are exported in the same state that they were imported when the duties and taxes were levied (re-exportation); and
Drawback paid in raw materials imported for the production of export (drawback under Article 19 bis of the Customs Act).
In case of drawback for re-exportation, nine-tenths or the excess of one thousand baht of the import duty already paid, calculated according to each export entry, whichever is higher, would be repaid as drawback, subject to specific conditions.
In the other case, the import duty, excise tax, municipal tax and other levies already paid on such imported materials in the form of cash or security, would be repaid as drawback after the goods produced from these materials have already been exported; and the time lapsed from the date of material importation must not be over one year. Thai Customs determines the amount of import duties and taxes repaid under the drawback procedure by using the approved production formulas filed with the Thai Customs.
A claim for drawback must be made within six months from the date of exportation of the goods. In case of drawback paid on raw materials imported for the production of export, Thai Customs may extend this time limit if necessary.
LICENSES/BONDED WAREHOUSE
A bonded warehouse is a place where imported goods are stored and examined, establish with Thai Customs’ approval and controlled by Thai Customs. The owners of a bonded warehouse may be required to give a guarantee by bond and/or other means to Thai Customs in order to secure the payment of duties or other dues which may be claimed by Thai Customs under the laws or agreements.
A manufacturing bonded warehouse is a type of bonded warehouse where imported goods stored therein are allowed to be used in the production of other goods in that bonded warehouse. Duties, both import and export, and taxes will be exempted for goods removed from a manufacturing bonded warehouse for exportation, regardless of being exported in the same nature as imported or in the nature having been produced, mixed or assembled as other goods.
Generally, at the time of importation, imported raw materials brought into production in a manufacturing bonded warehouse will be granted duty and tax exemption, but a bank guarantee amounted to 25% of the maximum amount duties and taxes calculated on such imported raw materials will be required. After the goods have been produced and exported, such security will be released.
The time period allowed for the retention of the raw materials in the bonded warehouse of this type is one year, but this period can be waived as needed and agreed by the authorities.
CLEARANCE FOR PASSENGER
To facilitate the bona fide travellers, who come into Thailand accompanied with non-dutiable, non-prohibited and non-restricted goods, the Customs Administration established the Green Lane channel for them. By passing through the Customs counter on the Green Channel, the travellers’ belonging will not be checked only if they declare to the Customs that there are no dutiable prohibited and restricted goods accompanied with them. The Green Channel can be noticed by having the green label with words "NOTHING TO DECLARE" on it.
Travellers or passengers who accompanied dutiable goods with them have to go into the Red Channel and pay duties. The Red Channel is noticed by having the red label with words "GOODS TO DECLARE" on it.
Travellers or passengers accompanied by dutiable, restricted and prohibited goods, and found using the Green Channel shall be imposed a penalty and/or fined.
Personal effects regarded as non-dutiable goods when accompanied by the owner are:
200 sticks of cigarettes or 250 grams for cigars or smoking tobacco or altogether weighing not more than 250 grams; cigarettes must not exceed 200 sticks;
one litre spirituous liquor;
samples of merchandise, fir only to be used as such and of no commercial value;
Goods, covered by privileges according to agreement with international organisation or treaties or by reciprocity through diplomatic channel;
Other personal belongings in reasonable amount.
TARIFF APPEAL PROCEDURES
Upon receiving the tariff appeal application from the importer/exporter, the officer in charge must go through the following procedures:
verify signatures of the person submitting the application, or if the person submitting the application is an attorney for the applicant, the power of attorney must be in order;
verify all documents required; any incomplete documents must be completed and submitted to the officer in charge within 30 days. If documents are not submitted within this period, the application will be deemed void, and will no longer be processed;
verify that the application was made within 30 days after the date of receiving the tariff notice by checking the date against the post office receipt. If the submission of the application exceeds 30 days, the application will be deemed invalid and the applicant will be informed accordingly;
Upon verifying that the applicant and all enclosures adhere to the above conditions, the application will be accepted and registered. The applicant will then be notified of the acceptance of the application in writing. The notification/confirmation letter must be sent to the applicant by post only.
After receiving the notification/confirmation letter, the applicant should acknowledge and return the confirmation letter to the Tariff Classification Standard Division within 15 days from the date of receipt of the letter. However, if the applicant fails to return the letter within this period, the application will still be valid and continue to be processed.
A customs officer will be appointed to consider the case and rule on the tariff classification under the General Rules for Interpretation, together with the Explanatory Notes to the Harmonised System.
The case will be submitted to the chief of the Sub-Division and to the Director of the Tariff Classification Standard Division for approval. In case the Director of the Tariff Classification Standard Division disapproves or disagrees with the ruling, the appeal may be submitted to the Director General of the Customs Department or to the Customs Tariff Commission for the final decision.