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Import Tax - FedEx shipments and samples excluded from HS rules...


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LoL - so say the Thai Customs & Excise department to me.

3 months ago, I imported a 'glamping' tent from the USA.

As expected, I was required to pay an import duty of 30% of the value, which was the % as indicated in the Thai C&E online HS import database for cotton tents made in the USA.

So a few weeks ago, I checked the duty rates and saw that the duty rate for cotton tents from China was 0%, due to the bilateral FTA between ASEAN and China.

So I ordered a single, sample tent from the Chinese company.

Now it didn't help that the Chinese company sent the tent via FedEx (Doh!!). I didn't expect that, otherwise I would have told them to send via ChinaPost. We all know the horror stories of excessive import taxes when using courier companies.

Anyway, FedEx contacted me and told me that the import duty is 30%.

No said I, (well, more like screamed down the phone..). And I pointed them to the relevant entry in the online HS database.

FedEx went away for a few days and then contacted me just now and said that the duty rate of 0% only applies to shipments which are 'formally' imported, and not to one-off samples, and not to any shipment that is sent via a 'fast' service, such as FedEX.

I think they are talking <deleted>....

I want to know from anyone who imports any type of product into Thailand whether or not this is true, that the duty rates only apply to formal imports, (whatever a formal import might be), and that anything sent via FedEx etc is not allowed to claim the reduced import rates in the HS database.

Links to confirm (or not confirm) my view are much appreciated.

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RULES OF ORIGIN FOR THE ASEAN–CHINA FREE TRADE AREA

Rule 12: Certificate of Origin

A claim that products shall be accepted as eligible for preferential concession shall be supported by a Certificate of Origin issued by a government authority designated by the exporting Party and notified to the other Parties to the Agreement in accordance with the Operational Certification Procedures, as set out in Attachment A.

http://www.thaifta.com/thaifta/portals/0/file/storyboard/ascn_roo.pdf

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The trick is to avoid any of the courier services as they all have their own customs channels. if they send stuff via normal snail mail, the mailman drops it at your home and nobody really pays anything. Sometimes it happens, ok, but not everytime as with the FedEX, UPS, DHL... of this world.

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