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Kingdom of Thailand. View the original document in PDF format III. SELLING TO THAILAND A. Import policy, regulations and procedures Throughout the 1990s, the Thai Government has been shifting its trade policy in order to promote more efficient industrial development, reduce protectionism and improve the overall tariff structure. Part of Thailand's structural adjustment has been a progression of import tariff adjustments, aimed at reductions in compliance with World Trade Organization (WTO) principles. As a result, Thailand does not prohibit imports in any category and continues to liberalize trade accordingly. 1. Import approval In general, imports require no formal approval. Import licenses are required for only small number of items. Importers may import goods if obtaining letter of credit, with authorized banks approving payment following submission of the necessary documents. 2. Licensing, quotas and prohibitions Currently, there are approximately 40 items subject to import licensing required by the Ministry of Commerce under The Export and Import Act, B.E. 2522 (1979). Most items subject to import licensing are controlled by non- automatic licensing, Import licences must be requested from and approved by the Foreign Trade Department, Ministry of Commerce, prior to the arrival of the shipment. An import licence is usually valid for three months from the date of issuance, unless specified otherwise on the licence. Three types of licenses are currently in effect in Thailand: Non-automatic licensing covering the majority of items, especially agricultural goods Special measures licensing applied to yellow fin tuna for environmental conservation, and wood and sawn wood from Myanmar to maintain a positive political relationships 12 Protection of public morals and public health licensing Moreover, some products are subject to import surcharges including fish meal and soya bean cake. In the case of soya bean cake, surcharges apply only for non-WTO members, except Lao People's Democratic Republic and Cambodia. Products controlled under import licenses include: Antique idols, including parts thereof, and parts of ancient monuments from or originating from other countries Ceramic food containers coated with lead of solubility more than 2 mg per liter Chain saws, including parts and accessories thereof within tariff number 8467.81, 8467.91, 8508.20 and 8508.90 Clenbuterol compounds, of hemical name -1-(4-Amino-3,5- diehlorophenyl) -2-tert-butyl-aminocthanoll and its salts Coffee Coins in size and weight similar to coins in official circulation Copra and coconut, desiccated Dried longans Fish meal with protein lower than 60 per cent Fresh milk, not concentrated whether sweetened or not Gold ores, gold bars, in lumps, in foil or in any other form, or mixed with any materials, excluding goldsmiths' wares generally used as personal ornaments Gunny bag Intaglio printing machinery within tariff number 8443.50 and color photocopiers within tariff number 9009.11 or 9009.12 13 Jute and kenaf Machinery and parts thereof which may be used to violate copy rights of cassette tape, video tape, and compact disc Marble traverine ecaussine and other calcareous monumental and building stone of an apparent density of 2.5 kg or more per 1,000 cubic centimeters, uncompressed; and alabaster, including such stones not further worked other than roughly split, roughly squared or squared by sawing within tariff number 25.15 Potato Rice Six-wheel buses, over 30 passengers capacity, whether fitted with seats or not Tobacco Unfinished garments, parts or components thereof falling under tariff numbers 61.01 to 61.14.6117.90,62.01 to 62.11 and 6217.90, except collars, cuffs, waistband, pocket and cuffs for trouser Used Diesel engine, displacement of 331-1100 cc, flat piston and cylinder case within tariff number 8408.90 Used engines, parts and accessories of motorcycles displacement not over 50 cc and wheels with diameters not over 10 inches Used motor vehicles whether reconditioned or not. Used motorcycles within tariff number 8711 Viny chloride monomer - in form of gas or liquid under pressure - mixed or combined with product contained in acrosols or airsprays only, insecticides, hair spray and air refreshencrs 14 Waste, parings and scrap of plastic Worked monumental or building stone, alabaster and articles there of including mosaic cubes In the context of trade liberalization, it is also necessary to periodically check the notifications of the Ministry of Commerce for changes in items subject to import licensing. The notifications are periodically distributed by the Ministry of Commerce and also published in the Government's Royal Gazette. Details of the notifications may also be obtained from the Foreign Trade Department, Ministry of Commerce. A number of items are subject to controls under laws and regulations of other ministries, such as the Ministry of Public Health, the Ministry of Industry and the Ministry of Agriculture and Cooperatives. Importation of pharmaceutical products, for example, require import licences from the Ministry of Public Health under Drug Act, B.E. 2510 (1967). The licence enforcement is in accordance with the rules, measures and conditions prescribed in ministerial regulations. Every item used in drug preparation must also be licenced. At the present time, validity of an issued licence is life-long. However, in the near future a re-evaluation process will be developed to set up a fixed period of time for licensing validity. Some drugs are listed in the consolidated list of banned or restricted products. Information on these items can be acquired by request. Any imports of poisonous substances must be registered with the Government according to the Poisonous Articles Act. The Ministry of Public Health also administers the Food Quality Control Act which requires special permits for the import of irradiated foodstuffs. (a) Quotas Thailand, as a member country of WTO, is required to liberalize markets such that import licences will no longer be in use. Importers must, however, posses a certificate which indicates quota amount to be approved by 15 Customs Department in order to obtain low tariff rate. However, the above- mentioned measure is applied among WTO members only. (b) Import prohibitions Imports of counterfeit products, goods utilizing deceptive practices and goods infringing copyright are also banned. Used engines and parts of small motorcycles, household refrigerators utilizing chlorofluorocarbons (CFCs) and electrical or mechanically operated games are banned for reasons of health or public morals. 3 Anti-dumping duties Currently, anti-dumping duties are applied to the following goods: Hot-rolled steel sheet in coils from Russian Federation and Ukraine Structural steel (H-beam) from Poland and Republic of Korea Float glass from Indonesia Hydrogen peroxide from India 4. Food and drug import requirements The Food and Drug Administration (FDA), Ministry of Public Health is the govenment entity whose main responsibility is to protect consumers from substandard or harmful products. Goods, under the jurisdiction of FDA, imported or locally-produced, are subject to the same licensing, registeration and labelling requirements. Products under the jurisdiciton of FDA are not confined only to food and drugs, but also include cosmetics, household hazardous substances narcotics, medical devices and psychotropic substances. However, food and drugs constitute the bulk of licences issued under the FDA. 5. Import procedures Importers of food and drug products need a licence which requires a premises inspection. All drugs imported into Thailand must be also be registered 16 beforehand, barring imported pharmaceutical raw materials which require only an import licence. Registration is also required for certain kinds of food, including beverages in sealed containers, coffee, food additives, infant food, milk and tea. Importation of food raw materials to manufacture finished food products are exempt from registration requirements. Products that are registered must abide by what is specified in the registration form such as labelling, manufacturing process, product appearance, specifications and standards. Imported food that does not require registration must only adhere to labelling requirements for domestic sales in accordance with related notifications. 6. Manufacturers in Thailand Manufacturers of both food and drug products are required to have licences. The drug manufacturers are subject to the Code of Goods Manufacturing Practice of World Health Organization (WHO), while Hazard Analysis Critical Control Point (HACCP) is applied to food manufacturers. 7. Process reforms International agreements, both bilateral and multilateral, have shortened and simplified procedures for granting FDA licences and registration. Transparent time requirements are explicitly declared, with any delays justified to the applicant. In general, standards for food and drugs set by the Thai FDA are similar in scope with international standards such as Codex, International Standards Organization (ISO) guides and pharmacopoeia. Recently, the Customs Department and FDA introduced a simplified process of import procedures. Customs officers now require FDA officers' approval only in cases of first importation, in cases where packaging accidentally breaks during transportation and in cases where the customs officer has doubts regarding the safety of products. 17 Contact addresses The Food and Drug Administation Ministry of Public Health Tiwanond Road, Amphoe Muang Nonthaburi 11000 Tel: (662) 590-7281, 591-8452 Fax: (662) 591-8457 E-mail : somdejs@health.moph.go.th Standard Analytic Method Division The Customs Department Sunthornkosa Road, Klong Toey, Bangkok 10110 Tel: (662) 249-4339, 249-1122, 249-0431-40 ext 3101 Fax: (662) 249-4097 18 B. Customs 1. Regional and international cooperation Thailand has a total of 41 bilateral agreements with various countries. Table 5 provides a list of agreements on trade, economic and technical cooperation. Table 5. Bilateral agreements Country Trade agreement Economic cooperation Japan Republic of Korea 28 December 1957 Argentina 15 September 1961 Austria 10 December 1961 20 October 1981 United States of America 30 September 1964 India 29 May 1966 2 June 1977 Canada 13 December 1968 Islamic Republic of Iran 22 April 1969 11 July 1988 Bulgaria 12 November 1969 Russian Federation 3 March 1970 In progress Bangladesh 25 March 1970 In progress Viet Nam 22 August 1977 China 31 March 1978 12 March 1985 Lao People's Dem. Rep. 1 June 1978 Hungary 15 September 1978 In progress Romania 18 September 1978 In progress Czechoslovakia 20 September 1978 In progress People's Dem. Rep. of Korea 26 February 1979 Yugoslavia 5 October 1979 Australia 15 November 1980 In progress Poland 18 November 1980 In progress Germany 10 February 1980 New Zealand 22 October 1981 Chile 21 October 1981 In progress Senegal 16 March 1984 In progress Pakistan 16 March 1984 1 Sept. 1997 Egypt 12 September 1984 In progress Brazil 28 September 1984 12 Sept. 1984 Iraq 15 April 1986 Tunisia 7 March 1987 In progress Kuwait 23 March 1987 In progress Turkey 12 April 1989 Myanmar 6 June 1972 Netherlands 2 Dec. 1985 Norway 12 Dec. 1986 Spain 24 May 1988 Finland Economic Union of Belgium and 23 Nov. 1979 Luxembourg Italy 10 February 1983 19 Thailand's participation in subregional trade cooperation includes the Agreement on ASEAN Preferential Trading Arrangements, 1977. Thailand is also a signatory to the Bangkok Agreement of 1975 which provides for mutual reduction and elimination of import duties among signatory Economic and Social Commission for Asia and the Pacific (ESCAP) member countries. Thailand also participates in a number of commodity agreements and arrangements: Asian and Pacific Coconut Community Association of Natural Rubber Producing Countries International Coffee Agreement International Agreement on Jute and Jute Products International Rubber Agreement International Sugar Agreement International Agreement on Tropical Timber and Association of Tin Producing Countries From 1 January 1988, Thailand has been using the Harmonized System commodity classification system, based on the International Convention on the Harmonized Commodity Description and Coding System. For tariff purposes, Thailand uses the six digits code of Harmonized System and adds a seventh digit for national purposes. The tariff formulating body is The Fiscal Policy Office (FPO) of the Ministry of Finance. Contact addresses The Fiscal Policy Office Ministry of Finance Rama VI Road, Bangkok 10400 Tel: (662) 273-9020 Fax: (662) 273-9168 20 2. Customs duties From 1985 to 1995, import customs duty rates have been changed several times in line with economic considerations and government policy. Before 1 January 1995, the tariff for imported goods was relatively high using up to 39 rates from 0-100 percent with an average percentage of 30.24. On 1 January 1995, the government reduced import tariff rates to only 6 bands (excluding motor vehicles) as follows: 0 per cent: exempted duty goods, including instruments and appliances used in dental, medical, surgical or veterinary sciences 1 per cent: raw materials 5 per cent: primary and fundamental products 10 per cent: secondary products 20 per cent: finished products 30 per cent: special protection products The average import tariff rates is currently 17.01 per cent. Most duties are ad valorem, based on the cost, insurance and freight (CIF) price. When a specific duty is applied, the calculation is based on weight, volume or units. Duties based on weight refer to net weight, not including packaging materials, unless expressly stated otherwise. Some items have both specific and ad valorem rates. Where an item has both types, the rate yielding the higher revenue is applied. 3. Preferential trading arrangements Thailand was one of the founding members of Association of Southeast Asian Nations (ASEAN) in 1967; the other founding members were Indonesia, Malaysia, the Philippines and Singapore. Brunei Darussalam joined ASEAN as the sixth member in 1984, while Viet Nam joined ASEAN as the seventh member in 1995. 21 The ASEAN Basic Agreement on Preferential Trading Arrangements of February 1977 provides a framework for preferential trading and trade liberalization among member countries. The system includes: (1) long-term quantity contracts, (2) purchase finance support at favourable interest rates, (3) preference in government procurement, (4) extension of tariff preferences, (5) liberalization of non-tariff measures on a preferential basis and (6) any other measures mutually agreed upon. The exchange of tariff preferences among ASEAN member countries is the most prominent of the six mechanisms under the agreement. The trade preference negotiations are conducted by the ASEAN Committee on Trade and Tourism (COTT) under the authority of the ASEAN Economic Ministers (AEM). Margins of preference range from 5 to 20 per cent. To date, 14,462 items have been granted tariff concessions under ASEAN Basic Agreement on Preferential Trading Arrangements. Under the current implimentation programme of the ASEAN Free Trade Agreement, the tariff rates of the products catagorized as normal track must be reduced to 20 per cent by 1 January 1998 and must be reduced to between 0 and 5 per cent by 1 January 2003. For products catagorized as fast track, the tariff rates must be reduced to 0 per cent by January 2000. In order for export goods to qualify for ASEAN Basic Agreement on Preferential Trading Arrangements they must be wholly produced in an ASEAN country, or they should be products for which the total value of production materials from non-ASEAN sources does not exceed 50 per cent of free on board (FOB) value. The rate is 40 per cent in the case of Indonesia. (a) The Global System of Trade Preferences Among Developing Countries Thailand is a member of the Global System of Trade Preferences Among Developing Countries (GSTP) which constitutes a major instrument for the promotion of trade among members of the 77 developing countries. As a preferential trading arrangement, the GSTP comprises a set of components that include tariff, non-tariff and other trade measures with a view to furthering the expansion of the GSTP scheme. Participants may periodically 22 hold rounds of negotiations and conduct these negotiations in accordance with any, or a combination of, the following approaches: Across-the-board tariff reductions Direct trade measures Product-by-product negotiations Sectoral negotiatons A tariff as defined by the GSTP Agreement, is a customs duty stipulated in the national tariff schedules of the participants. The negotiating objective in the area of tariffs is to establish an effective margin of preference for mutual trade among the GSTP participants. Negotiating countries will also aim at achieving significant reductions of high duty rates and an increase of minimal preference margins to commercially significant levels with a view to improving access to markets for their export products. 4. Customs valuation There are three methods of levying duties on imported goods: (1) goods on which ad valorem rates are applied, (2) goods on which either specific rates or ad valorem rates are applied, whichever is higher, and (3) goods attracting only specific rates. The national concept of assessable value of duty used by Thai Customs is based on the true market value of the goods in the open market. "True market value of goods" is defined as the wholesale cash price, exclusive of duty in the case of imports, for which goods of like kind and quality would be sold without loss at the time and place of importation or exportation without any deduction or abatement. In practice, the Customs Department has established procedures of customs valuation for officers to follow. However, if any facts or reasons are presented that are beyond the normal case, then the Customs Department will take this information into account on a case-by-case basis. The adoption of the General Agreement on Tariffs and Trade (GATT) evaluation Agreement is being considered by the Customs Department. 23 5. Taxes and surcharges According to the Export and Import Act, B.E. 2522 (1979), the Minister of Commerce, with the approval of the Council of Ministers has the power to fix, revise or cancel rates of special fees for import and export. Both the Minister of Commerce and the Minister of Finance control execution of the Export and Import Act by appointing competent officers and issuing ministerial regulations and notifications. The Customs Department has authority to collect a business tax which is levied on almost all imports. Assessment of the business tax is based on cost plus duty and a standard profit. The business tax on most imports in usually 1.5 per cent or 9 per cent. For some import items, such as motor vehicles, the business tax can range up to 40 or 50 per cent. A 2 per cent reduction of the business tax is allowed if paid in cash or made as a cash deposit at the time of submitting the import declaration. In addition to the business tax, there is a municipal tax which is equivalent to 10 per cent of the business tax. The BOI is given the power to levy surcharges on imports, if necessary, to protect local or promoted industries. Such surcharges are levied on specific items. The regulation imposing the surcharge is effective for one year and may be renewed for subsequent one year periods. Recently, the BOI has been placing less reliance on imposition of surcharges. As of August 1998, the BOI repealed surcharges on bars and rods, and hydrogen peroxide. Contact addresses The Customs Department Ministry of Finance Sunthornkosa Road, Klong Toey Bangkok 10110 Tel: (662) 249-4339, (662) 249-1122, (662) 249-0431 Fax: (662) 249-4097 24 C. Foreign exchange regime In general, Thailand has a liberal system of exchange controls, and foreign exchange is available without restriction to cover merchandise imports. The Bank of Thailand administers exchange control and delegates responsibility to commercial banks to act as authorized agents for most transactions. Since foreign exchange liberalization in 1991, no approval is required for any outgoing payments for imports. Importers may freely purchase or draw foreign exchange from their own foreign currency accounts for import payments by presenting either the sales contract, bill for collection or invoice. Letters of credit may be opened without authorization by providing documentary evidence such as a proforma invoice and other relevant documents. There are no exchange restrictions relating to exports. However, there is a requirement for export proceeds to be brought into Thailand immediately after payment has been received, but within a maximum of 120 days from the date of export and surrendered to an authorized agent or deposited in a foreign currency account with an authorized agent in Thailand within seven days from the date of receipt. 1. Currency convertibility The Thai currency, the baht, is freely convertible. Since 2 July 1997, Thailand has adopted a managed float exchange rate policy under which the exchange rate is determined on the basis of demand and supply conditions in the exchange markets. 2. Money and finance measures There are no special requirements for the settlement of trade transactions. 3. Banking The Bank of Thailand is the central bank which administers the Exchange Control Act of B.E. 2485 (1942), and related regulations, notifications and notices. 25 All commercial banks whose business is specified in the commercial Banking Act, B.E. 2505 are authorized agents. As of 1 June 1998, there are 36 commercial banks in Thailand, 16 domestic and 20 foreign. Domestic banks have branches throughout the country. At present, 52 banks, 15 domestic, 18 foreign with branches in Thailand and 19 foreign without branches in Thailand have been licensed under the Bangkok International Banking Facilities (BIBF). Currently, 48 are in operation. The main operations of BIBF are acquiring of foreign funds in foreign currencies for the purpose of lending of foreign currencies in Thailand and outside Thailand. 4. Methods of payment Table 6 categorizes the methods of payment for trade transactions. Table 6. Methods of payment (Percentage) Methods of Imports Exports Payment 1994 1995 1996 1997 1994 1995 1996 1997 Letter of credit 40.2 41.3 34.5 28.4 39.0 35.1 34.1 32.3 D/P 2.2 2.6 2.0 1.7 10.3 10.1 8.7 8.2 D/A 7.3 6.9 5.8 4.9 5.3 4.9 4.2 3.6 Offset 2.4 1.5 4.9 5.7 7.5 6.4 7.7 6.8 Advance 0.6 1.2 0.2 0.2 0.8 0.4 0.4 0.4 Payment 14.1 12.8 14.4 16.3 nil nil nil nil Open Account 33.2 33.7 38.2 42.8 37.1 43.1 44.9 48.7 Others Total 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Source: F.T.1 and F.T.2 forms, Bank of Thailand The use of cash, cheque, draft and fund transfer has increased over the past few years and together accounted for the largest proportion of payment methods used in Thailand's international trade settlements in 1997. Letters of credit accounted for around 30 per cent of trade payments. Other methods of payment used are bills of exchange, offset, advance payment and open account. 26 5. Other exchange regulations There are no other exchange regulations relating to imports and exports. Contact address for further information Bank of Thailand 273 Samsen Road Bangkhunprom Bangkok 10200 Tel: (662) 283-5353 Fax: (662) 280-0449, 280-0626 D. Documents Table 7. Documents required for imports Document Number of Copies Responsible authority Import certificate 1 The concerned authorities Import entry form 5 Tariff Division, Customs Department Commercial invoice 4 Export (Seller) Packing list 1 Export (Seller) Bill of lading or air waybill 1 Transportation Company Foreign transaction form 1 Bank of Thailand (F.T.2) (For goods with value exceeding baht 500,000) Source: Bank of Thailand 1. Special requirements The Customs Department may require a certificate of origin for imports from ASEAN nember countries. A quality control certificate may also be required by the Customs Department depending on the nature of the shipment. The Department of Medical Sciences, Ministry of Public Health is responsible for issuing the health and sanitary certificates concerning food and drugs. An import or export license may be required for specific goods. 27 E. Marketing and distribution 1. Market regulations Strict regulations are in effect concerning food items and medicines. The Ministry of Public Health prescribes standards, qualities, methods of manufacture and labelling requirements for controlled foodstuffs and medicines. The metric system is generally used in Thailand, although some traditional weights and measures are still used. In the Thai market, buyers prefer to have accompanying labels, instructions and descriptions in Thai for imported products. For many products it is mandatory to have labelling, instructions or warnings in Thai. 2. Product standards The national standards organization of Thailand is the Thai Industrial Standards Institute (TISI) which is under the Ministry of Industry. TISI prepares and publishes industrial standards, grants licences for use of standards marks, promotes use of standards, represents Thailand at the International Organization for Standardization (ISO), the International Electrotechnical Commission (IEC) and cooperates with the WHO Food and Agricultural Organization Food Standards Programme. TISI develops standards and carries out a certification scheme that includes certification marking and product registration. As of 1995, the number of published Thai industrial standards was 1,313, of which 41 are compulsory standards. A list of the items subject to compulsory standands is shown in table 8. 28 Table 8. List of compulsory standards published by the Thailand Industrial Standards Institute 1. TIS 4 : Part I-2529(1986) Incandescent lamp 2. TIS 10-2529(1986) Low-voltage distribution link fuses 3. TIS 11-2531(1988) PVC-insulated cables and flexible cords 4. TIS 20-2532(1989) Unplasticized polyvinyl chloride pipes for Drinking water service 5. TIS 20-2527(1984) Steel bars for reinforced concrete : rounds bar 6. TIS 23-2521(1978) Ballast for fluoredcent lamps 7. TIS 24-2536(1993) Steel bars for reinforced concrete : deformed bar 8. TIS 27-2528(1985) Liquefied petroleum gas containers 9. TIS 30-2527(1984) Nitrous oxide for medical use 10. TIS 51-2530(1987) Canned pineapple 11. TIS 52-2516(1973) Tapioca products 12. TIS 53-2536(1993) Matches 13. TIS 78-2528(1985) Laundry detergent powder 14. TIS 183-2528(1985) Starters for fluorescent lamps 15. TIS 196-2536(1993) Automotive safety glasses : laminated safety Glass 16. TIS 197-2536(1993) Automotive safety glasses : tempered safety Glass 17. TIS 198-2536(1993) Automotive safety glasses : zone tempered Safety glass 18. TIS 211-2527(1984) Steel bars for reinforced concrete rerolled round Bars 19. TIS 293-2526(1983) PVC-insulated aluminium cables 20. TIS 309-2525(1982) Mosquito coils and sticks 21. TIS 330-2530(1987) Hard tapioca pellet 22. TIS 332-2537(1994) Dry chemical portable fire extinguishers 23. TIS 341-2528(1985) Motorcycle exhaust muffler 24. TIS 344-2530(1985) Lampholders for tubular fluorescent lamps and Starterholders 25. TIS 366-2528(1985) Electric iron 26. TIS 369-2528(1986) Protective helmets for road users 27. TIS 370-2525(1982) Liquified petroleum gas cylinder for internal 28. TIS 496-2526(1983) Combustion engines 29. TIS 520-2527(1984) Lacquer thinner 30. TIS 531-2536(1993) Automotive nitrocellulose lacquer thinner Plastics containers for steril pharmaceutical 31. TIS 539-2527(1984) Products 32. TIS 540-2527(1984) Carbon dioxide for medical use 33. TIS 882-2532(1989) Oxygen for medical use 34. TIS 870-2532(1980) Portable fire extinguishers : foam Electric stoves; open type heating elements : 35. TIS 934-2533(1990) safety requirements 36. TIS 950-2533(1990) A.C. electric fans : safety requirements 37. TIS 956-2533(1990) Solid alcohol fuel 38. TIS 1040-2534(1991) Fluorescent lamps : safety requirements 39. TIS 1120-2535(1992) Two-stroke gasoline engine lubricating oil Gasoline engined vehicles : safety requirements : 40. TIS 1140-2536(1993) emission from engine, level 2 Light duty diesel engined vehicles : safety 41. TIS 1185-2536(1993) Requirements; emission from engine, level 1 Motorcycles : safety requirements; emission from engines, level 2 29 When the standard for a product has been made compulsory, both the manufacturer and the importer are required to obtain a licence to manufacture or import such a product for sale in Thailand. TISI will carefully examine whether a product conforms to the standard and whether the factory's production quality control is satisfactory before granting a licence. The regulations of the Ministry of Industry specifies the required documents and supporting materials that must be provided when applying for the licence. After TISI issues a licence, the licensee must mark the products with the standard mark before the products can be released by the Customs officer. The Minister of Industry may permit marking after release from Customs only under specified conditions. The Customs Department is in charge of clearing and sampling imported products submitted for inspection. Details concerning standards for imported products are set forth under the Industrial Product Standards Act, B.E. 2511 (1968) and its amendments; the Industrial Product Standards Act (No. 2), B.E. 2522 (1979) and the Industrial Product Standards Act (No. 3), B.E. 2522 (1979) and the Industrial Product Standards Act (No. 4), B.E. 2531 (1988) and the Industrial Product Standards Act (No. 5), B.E. 2535 (1992), together with related ministerial regulations. The TISI brochure, Certification Marking Procedures is designed as a guideline in applying for a licence to manufacture or to import industrial products for sale in Thailand requiring a standards mark. 3. Distribution systems Bangkok is the main port and transit zone for Thailand's trade, as well as the centre for government and industry. There are also about 30 small-scale provincial ports. Provincial ports at Phuket and Songkhla in southern Thailand are being upgraded and developed into deep-water ports capable of handling 20,000 dwt vessels. Two other deep-water ports are planned or under construction at Laem Chabang and Map Ta Phut as part of a large-scale, Government-sponsored Eastern Seaboard Programme to create an industrial growth centre in the area south-east of Bangkok. 30 Bangkok's Klong Toey port has facilities to handle container, bulk and breakbulk cargo and can accommodate 19,000 dwt vessels. The planned port at Laem Chabang will have a capacity for berthing agri-carriers of 120,000 dwt. The international deepwater port planned at Map Ta Phut is being designed to handle vessels as large as 60,000 dwt. In the initial phase, the capacity will consist of multipurpose berths for 20,000 dwt vessels and two berths for hazardous cargos in vessels up to 8,000 dwt. Thailand's land transport system is comprised of an inter-city road network of about 45,000 kilometres. The railway network of 4,500 kilometres radiates from Bangkok to other urban centres throughout the country and to Malaysia. Thailand has an extensive system of inland waterways comprised of rivers and canals which are used to transport goods to various parts of the country. The main artery in the water transport system is the Chao Praya River. There are about 6,000 kilomtres of inland waterways in Thailand. Bangkok International Airport is a major transit point in South-East Asia and has had its cargo facilities as well as passenger terminals modernized and expanded. Three other international airports are located at Chiangmai in the north, and Haad Yai and Phuket in the south. There are also local services to twenty-two airports in provinces throughout the country. A number of commercial businesses of various types and sizes handle the sale and distribution of imported goods. Generally, there are four main kinds of importers-agents. The first kind is the smaller-sized importer who specializes in one line of business, usually for the purpose of maintaining much-needed contact with potential buyers. They might, for example, specialize in selling to particular goverment departments or particular industries. A second kind of importer-agent is the long-established expatriate company which may have large-scale activities and handle marketing and distribution for a wide variety of products. The third type of importer/agent is the relatively new company which has technical capability and uses modern marketing techniques. Companies in this category aim at growing into major marketing organizations. The fourth type of 31 importer/agent is known as an international trading company. These are private firms specifically set up to do import-export business. They are also been granted privileges by the BOI in the form of tax and duty exemptions. Wholesale firms which handle imported items are mostly located in the Bangkok metropolitan area. There are many different types of retail firms and shops. They range from the small neighbourhood general store to a wide variety of specialty stores to modern supermarkets, department stores and discount stores in metropolitan and suburban areas. Marketing and advertising for imported products must consider the unique social and cultural characteristics of Thailand. For Thai buyers, price is usually the major factor, although they also consider issues of quality and durability related to higher prices. Thai buyers are especially aware of brand and its associations to quality and reputation. Flexibility in tailoring imported products to meet local demand and local markets is important. In addition, labelling and instructions should be in Thai language even when not prescribed by regulation. After sales service is also an important element for marketing in Thailand. Contact addresses Port Authority of Thailand Sunthornkosa Road Khlong Toey, Bangkok 10111 Tel: (662) 249-0362, (662) 249-0399, (662) 249-0419 Fax: (662) 249-0885 Laem Chabang Port Sriracha, Chonburi 20230 Tel: (6638) 351-761-80 Fax: (6638) 351-789 32 Thai Airways International Public Company Limited 89 Vibhavadi Rangsit Road, Bangkok 10900 Tel: (662) 513-0121 Fax: (662) 513-5532 Telex: 82890 BKKKXTG TH CABLE THAINTER Airports Authority of Thailand 89 Vibhavadi Rangsit Road Bangkok 10210 Tel: (662) 535-1111 Telex: TH 87424 AIRHOTL TH 87425 AIRHOTL Cable: AIRPORTHAI Fax: (662) 531-5559 Thai Maritime Navigation Company Limited 15th Floor Manorom Building 3354/51 Rama IV Road Klong Toey, Bangkok, 10110 Tel: (662) 249-0100-7 Telex: 87328, 84653 TMNSHIPTH Fax: (662) 249-0108, (662) 249-7578 F. Government procurement, State and public trading organizations Countertrade practices were first lauched in Thailand in 1981 under the responsibility of the Ministry of Commerce. The value and volume of countertrade conducted at the time was relatively low in proportion to the total Thai trade figure and mostly in the form of barter trade. However, the Thai Government has resumed its effort in establishing the countertrade policy as a supplementary measure since 1993 aimed to promote and expand Thai trade by the Government. The most common type executed at present is in the form of counterpurchase. Under cabinet resolution of 6 June 1995 and 30 April 1996, the current countertrade policy is as follows: 33 Any procurement of foreign products or services made by government agencies and state enterprises with minimum imported value of baht 500 million will be obligated under countertrade requirements The counterpurchase value is placed between 20 to 50 per cent of the imported content price The eligible forms of countertrade consist of counterpurchase, technology transfer and joint venture Consideration of specific exemptions and changes to counter purchase proportion is under the authority of the Subcommittee on Countertrade Countertrade exemption will be granted to any procurement stemming from a soft loan or donation offered by certain international monetary institutions, foreign governments of foreign governmental organizations as well as export financing listed by the Subcommittee on Countertrade Countertrade principles and procedures are to be in accordance with the decision of the Subcommittee on Countertrade The cabinet has recently approved that value of projects in excess of B 300 million is subject to counterpurchase obligations and that the counterpurchase value must be no less than 50 per cent. This cabinet decision is pending a declaration in the Royal Gazette for enforcement. No specific items are identified to be imported by or through government procurement and state or public trading organizations Contact addresses The Department of Foreign Trade, Ministry of Commerce 4 Sanamchai Road, Bangkok 10200 Tel: (662) 225-1315 Fax: (662) 622-1728 34 The Department of Foreign Trade, Ministry of Commerce 4 Sanam Chai Road, Bangkok 10200 Tel: (662) 223-1481-5, (662) 225-1315-29 Fax: (662) 224-7269 The Electicity Generating Authority of Thailand (EGAT) 53 Charan Sanit Wong Road Bang Kruai, Nonthaburi 11000 Tel: (662) 423-0580, (662) 423-0590 Telex: 8274 EGAT TH The Metropolitan Electricity Authority (MEA) 30 Soi Chidlom, Ploenchit Road Pathumwan, Bangkok 10330 Tel: (662) 254-9550 Fax: (662) 253-1424 Cable: METELEC Bangkok Telex 82746 TH The Provicial Electricity Authority (PEA) 200 Ngam Wong Wan Road Chatuchak, Bangkok 10900 Tel: (662) 589-0100-1 Fax: (662) 589-4850-1 Telex: 72224 PEABKK TH Cable PEA Bangkok Telephone Organization of Thailand (TOT) 89/2 Moo 3 Chaengwattana Road Khet Dommuang, Bangkok 10210 Tel: (662) 505-1000 Fax: (662) 574-9533 Telex: 82886 Tel Thai TH 35 Thailand Tobacco Monopoly 184 Rama IV Road Khlong Toey, Bangkok 10110 Tel: (662) 253-0353 Fax: (662) 255-4220 Telex 72438 TOBIN TH The Royal Irrigation Department Samsen Road, Bangkok 10300 Tel: (662) 241-0740-9 Fax: (662) 243-0966 Cable: DEPROIR Bangkok 10300 Telex: 72307 DEPROIR TH The Department of Highways Sri-Ayutthaya Road Ratchathevi, Bangkok 10400 Tel: (662) 246-1122-30 IV. BUYING FROM THAILAND A. Export policies, regulations and procedures For several decades, Thailand's development policies have been based on free market economics with an emphasis on export-oriented agriculture and industry. Thailand is one of the five largest food exporters in the world. In manufacturing, export policy aims to have the country become a major export platform for foreign companies seeking to relocate primary manufacturing as well as assembly, component and sub-assembly operations. The Foreign Trade Department, Ministry of Commerce, administers export controls. Food staples and important materials are under export control to ensure that domestic needs get priority. Other export controls demanded by the Government are intended to assure the quality and quantity of supply in compliance with international and bilateral agreements. The Thai Industrial |