CHAPTER 1.3
POLICY UPDATE
It is expected that periodic changes will be made to this Policy, reflecting the changing nature of the business, F-M's internal procedures and policies as well as the government’s regulatory mandates and procedural directives. In order to demonstrate reasonable care and also to ensure the effective use of this Policy, it is necessary to keep a record of the changes and additions made to the Policy.
Policy
1. As changes are made, or new procedures added, the Global Trade Compliance Manager will ensure that all involved employees are advised of the new changes and have access to an electronic copy of the changed or new procedure. The revised Policy will be accessed via F-M's internal web portal with a cover sheet showing the pages being changed or added and the effective date.
2. Each time a change is made to a current policy or a new policy is added, the person performing the update must document the effective date of the new policy or procedure at the beginning of the Policy.
3. The Global Trade Compliance Manager will review all policies on F-M's internal web portal annually to ensure that each one contains the most current materials.
CHAPTER 2
GENERAL IMPORT GUIDELINES
INTRODUCTION
Businesses that import into and export from their countries should at a minimum have knowledge of Customs’ import procedures; export procedures; tariff classification; duty assessment process; customs valuation methods for imported commercial goods; and documentation and recordkeeping requirements. When goods are imported, an entry is filed with Customs and duties are deposited. The importer must assign a Harmonized Tariff Schedule (“HTS”) classification number and declare the proper customs value of the imported goods. In some cases, the customs value of imported merchandise includes costs, which may not be reflected in the invoice price of the goods, i.e., transportation costs and insurance. Depending on the type of goods imported, other government agencies may require other documents be provided at entry.
Importing companies may need to comply with additional requirements such as country of origin markings, import quotas, and labeling and/or import licenses in the case of import-restricted goods. Without knowing what the additional requirements are, companies may inadvertently expose themselves to merchandise clearance delays, fines, and/or penalties. Businesses need to have a basic understanding of how to avoid fines and/or penalties and/or obtain binding Customs rulings, if applicable to protect their position in the international trade arena. Contact F-M’s Global Trade Compliance Manager for further information.
ENTRY PROCESS
Appropriate entry must be made on every import whether duty free or dutiable and regardless of value. When a shipment arrives in Thailand, certain procedures must be followed to clear the goods through Customs and pay any applicable duties and fees. The entry of merchandise includes 4 stages
• Transmission and/or Submission of a Declaration: Importers must complete an Import Declaration and transmit to Customs officers at port of entry.
• Check and Verification of the Declaration: Importers submit required documents which consist of an import declaration, bill of lading or airway bill, invoice, packing list, import license (if applicable), Certificates of Origin (if applicable) and other documents such as a catalogue or product ingredients. Customs verifies whether the imported goods qualify as Green Line (permission of release) or Red Line (requiring thorough physical checking).
• Payment of Import Duties and Taxes: Importers can either make payment at the Customs Department or via the e-Payment system.
• Inspection and Release of Cargo: An importer submits the verified Declaration together with the payment receipt at appropriate warehouses for the release of goods. A Green Line Declaration is cleared in a short time. For Red Line Declarations, however, the Port Authority removes the cargo container for physical inspection by Customs before release.
Right to Make Entry
Any person or entity has the right to enter merchandise on his/her own behalf. The term “importer” is defined in Thai Customs Act B.E. 2469 (for purposes of this Policy, we will also refer to the importer as "importer-of-record"). Thai Customs has concluded that “importer” includes and applies to the owner or other persons having a period of possession or interest in any goods as from the time of the importation until the completion of delivery from the custody of the customs officials. In Section 106, any person who is expressly or impliedly authorized by the owner of any goods to be his agent in respect of the goods for any purpose under this Act, and such authorization has been approved by a competent official, shall be deemed to be the owner of the goods for such purpose.
According to Sections 106 and 108 of Customs Act B.E. 2469, a customs broker or other party conducting Customs business on behalf of F-M must be an approved vendor and must obtain and keep on file a power of attorney from F-M. The power of attorney empowers the agent to transact customs business. The agent may then sign declarations; entries or bills of lading, secure release of imported merchandise, as well as carry out other related functions. The power of attorney is generally in effect until revoked by either party. There are specific requirements for resident and nonresident corporations and for the delegation of powers of-attorney to subagents.
Customs Bonds
Generally, Customs Bonds are not used when importing goods into Thailand as the normal customs procedure is for Importers to submit the import entry and pay duty prior to the release of goods. However, bonds (cash or bank guarantees) are used in the case of duty dispute such as classification or customs valuation.
Examination of Merchandise
Under Section 14 of The Customs Act B.E. 2469, Customs may examine goods or draw samples at any time. Generally, examination of goods takes place at the port of entry. However, Customs may obtain samples of the goods when necessary. In practice, samples are normally only taken in the event of a classification dispute.
ASSESSMENT OF DUTY AND OTHER FEES
Customs Duty
Generally customs duties accrue at the time of import, and this creates a liability for duty on the importer unless specifically exempted by law or regulation.
Duty rates vary based on the type of article being imported and the country of export and are listed in the HTS or other official publications of the importing country.
Other Import Taxes
Thailand levies a Value Added Tax (VAT) (currently 7%) on almost all imports. Other cross-border (or general transaction taxes collected at import) include excise tax, interior tax, provincial tax, health tax and TV or TPBS (Thai Public Broadcasting Services) tax. Such taxes are levied on specific goods and are unlikely to apply to F-M products.
Antidumping and Countervailing Duties and other "Punitive Duty Assessments
Pursuant to Customs Act B.E. 2542 regarding anti-dumping and countervailing duties on imported goods, Customs may impose antidumping duties on certain goods that are being imported into the Thailand at less than fair market value. Fair market value is the price at which a good is normally sold in the manufacturer's home market. Antidumping duties are assessed in order to counteract the harm of price discrimination by foreign suppliers. If a foreign supplier is suspected of dumping, the Department of Foreign Trade, Ministry of Commerce will conduct an investigation to determine if the imported merchandise is being sold in Thailand at "less than fair value" and the Committee of antidumping and countervailing will conduct an investigation to determine if sales of the merchandise are causing material harm or threaten to cause material harm to the relevant domestic industry.
Countervailing duties are assessed to counter the effects of subsidies provided by a foreign government to merchandise that is exported to Thailand. Countervailing duties are imposed when an investigation by the Department of Foreign Trade, Ministry of Commerce determines that a foreign government subsidizes the production of merchandise exported to Thailand, and the Committee of antidumping and countervailing determines whether sales of the merchandise are a cause of material harm, or threaten to cause material harm, to the relevant domestic industry.
It is F-M’s practice to not be the importer of items subject to antidumping or countervailing duties, but instead to source them from "domestic suppliers" who may import them. This way, the supplier has to deal with the often complicated issues arising from the antidumping laws. If there is reason to believe that F-M is being injured by foreign unfair competition, or that F-M is importing or planning to import a product on which ADD/CVD is likely to be imposed, please contact the Global Trade Compliance Manager or the General Counsel’s Office.
OTHER AGENCY REQUIREMENTS
Several other agencies also administer regulations that affect the importation and exportation of merchandise.
The importation of certain classes of merchandise may be restricted to protect the security of the country, to safeguard consumer health and well being, to preserve domestic plant and animal life, and to maintain control over regulated industries. Many restrictions on imports, such as obtaining import licenses and product standards are prescribed by other government agencies and enforced by Customs at the time of importation. Restrictions that are most likely to affect F-M’s import activity include Hazardous Goods controlled by the Department of Industrial Works.
There are over 40 agencies in Thailand that are concerned with the licensing of imported goods. Other controlled substances include (amongst other items) explosive materials, l