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The mistrial was confirmed by William Fick, a lawyer for Anton Peraire-Bueno at Fick & Marx [File]
| Photo Credit: REUTERS

Thailand’s position as a manufacturing and logistics hub makes customs management a central factor in investment and supply-chain decisions. In 2024, Thailand recorded US$300.53 billion in exports and US$306.81 billion in imports, reflecting its high trade integration within global supply networks. For foreign companies, the ability to align free trade agreements (FTAs), tariff classification, and duty recovery mechanisms determines not only compliance efficiency but also margin stability.

These instruments operate best when used together as a single cost-management system. By integrating them within a coordinated framework, companies can achieve both regulatory certainty and predictable landed costs in Thailand’s trade environment.

Understanding Thailand’s customs environment

Thailand’s customs framework operates under the Customs Act B.E. 2560 (2017), administered by the Thai Customs Department under the supervision of the Ministry of Commerce. The Act modernized valuation, classification, and post-clearance audit procedures, replacing the 1926 law.

Digital reforms such as the National Single Window and the electronic certificate of origin (e-CO) platform have accelerated customs processes and improved traceability. These systems enable businesses to integrate trade documentation with enterprise resource planning tools and monitor import and export flows in real time.

Thailand participates in ASEAN, the Regional Comprehensive Economic Partnership (RCEP), and bilateral trade agreements with Japan, China, Australia, and India. Each framework offers different tariff concessions and documentation requirements, making the choice of mechanism dependent on a company’s sourcing model and compliance capability.

Using FTAs and HS classification for tariff advantage

Effective duty planning begins with precise product classification under the ASEAN Harmonized Tariff Nomenclature (AHTN 2022), which determines base duty rates, licensing requirements, and eligibility for preferential treatment. Where uncertainty exists, importers may request a binding tariff classification ruling from Thai Customs before importation to ensure certainty and avoid reassessment.

Preferential tariff rates apply when goods meet the rules of origin (ROO) established under an FTA and are accompanied by a certificate of origin, such as Form D under ASEAN or Form AJ under ASEAN–Japan. Rules of origin vary by product and agreement, covering criteria such as regional value content or change in tariff heading. Businesses should apply the specific product rule rather than rely on generic thresholds.

When production relies heavily on regional inputs, FTA use can reduce or remove tariffs with manageable documentation requirements. When supply chains depend on global sourcing or record-keeping is inconsistent, paying the Most Favored Nation (MFN) rate may be safer to avoid post-clearance reassessment.

Under the 2017 Customs Act, misclassification or unsupported origin claims can attract penalties of up to four times the unpaid duty and possible seizure of goods. For firms with regular shipments, linking HS codes and FTA eligibility within automated systems helps maintain compliance and capture savings sustainably.

Choosing between duty drawback and duty suspension

Thailand allows duty drawback for imported inputs used in export production under Section 19 bis of the Customs Act, administered by the Duty Drawback and Compensation Division. To qualify, companies must demonstrate a traceable link between import entries, production records, and export documentation. Claims must be submitted within prescribed timelines, and refunds are issued once Customs verification is complete.

Where liquidity or mixed domestic and export sales are key concerns, free zones and bonded warehouses permit duty suspension until goods enter the domestic market. These facilities fall under Thai Customs supervision and, in some cases, align with Board of Investment (BOI) or industrial-estate programs.

The choice between refund and suspension depends on a firm’s export ratio, documentation discipline, and cash-flow needs. Export-heavy manufacturers often gain more from duty drawback, while regional distributors may benefit from deferred-duty schemes. Firms should evaluate refund lead times and administrative costs against deferred-payment advantages using their internal production and logistics data.

Integrating Customs Strategy with Business Operations

Manufacturers with investment promotion can combine preferential tariffs with drawback mechanisms where exported goods meet both BOI and Customs requirements. Importers and distributors outside the BOI regime should maintain strict classification governance and complete origin records to minimize audit exposure under Thailand’s risk-based inspection system.

For multinational enterprises using Thailand as a regional logistics base, Free Zone and Bonded Warehouse structures offer the flexibility to consolidate imports, defer duties, and re-export throughout ASEAN. In 2024, total U.S.–Thailand goods trade reached US$81.2 billion, reflecting the strategic scale of Thailand’s role as a regional manufacturing and re-export hub. The most efficient customs configuration depends on a combined assessment of landed cost, refund timing, audit risk, and administrative capacity.

Properly designed, customs management functions as a form of operational governance, aligning compliance with financial control.

Sustaining compliance and governance

Customs compliance in Thailand demands continuous oversight. Annual reviews of tariff classifications, verification of rules of origin, and ongoing updates to internal systems are necessary as trade agreements evolve. Maintaining complete digital archives of import, origin, and refund documentation enables a rapid response to audit inquiries. Cooperation with licensed Thai customs brokers and trade advisors supports accuracy in submissions and ensures alignment with current procedures.

Proactive governance preserves transparency with authorities and enables foreign investors to sustain predictable cost structures as Thailand’s trade environment continues to evolve under regional integration. Effective customs governance ultimately protects both compliance integrity and profit margins.

Namnyak, a Maasai herder in north Tanzania, fears a carbon credit scheme linked to Volkswagen — dismissed by NGOs as “greenwashing” — could destroy her community’s way of life.

Under the scheme, local Maasai are being offered money to keep their cattle on a strict “rotational grazing” scheme so that the grass grows longer and captures more carbon.

The idea is that Volkswagen, and possibly other companies, will pay for this through “carbon credits” which are supposed to offset carbon emissions from its factories and operations.

Many researchers and NGOs question the whole concept, saying such schemes disrupt local communities while doing little to improve the environment, existing only to allow companies to keep polluting elsewhere.

The scheme in northern Tanzania is run by Volkswagen partner Soils for the Future Tanzania (SftFTZ), covering the districts of Longido and Monduli, an area of 16,000 square kilometres (6,200 square miles) — roughly 20 times the size of New York City.

For Namnyak, a 33-year-old mother of three in Longido, it seems absurd.

Local Maasai have been sustainably living on the land — rotating grazing in line with the weather and seasons — for centuries.

Many locals, she said, fear the company has ulterior motives and may one day seize their land.

“It does not matter how much money they give us. We depend on our land for our cattle, our crops and our beekeeping. This is our lives, and the ones of the future generations,” she told AFP.

– ‘Implausible’ –

SftFTZ and Volkswagen deny any desire to take their land, but many locals remain suspicious and feel they are getting money for nothing.

A 2023 study of a similar scheme in neighbouring Kenya by Survival International, an NGO supporting Indigenous communities around the world, found it was “highly implausible” that the new grazing regime was actually being implemented.

“To the contrary, the vegetation appears to continue to deteriorate in large parts of the project area,” it said.

Verra, the main international body that validates carbon credit projects, suspended credits from a major forestry project in Zimbabwe in September, for which Volkswagen was also a client, saying its benefits had been exaggerated.

Verra told AFP it had yet to audit the project in Tanzania, or a competing carbon credit scheme proposed by US-based Nature Conservancy in the same region.

– ‘Scam’ –

Several researchers and NGOs believe the Maasai are unwitting participants in a vast “greenwashing” scheme by Volkswagen.

“Ultimately, there is nothing done for the land, not even a tree is being planted,” said Maasai lawyer Joseph Oleshangay, calling the whole thing a “scam”.

“Why is Volkswagen not doing this in Frankfurt or New York? Because they feel people here are easier to manipulate,” he added.

SftFTZ is offering the local Maasai $2 per hectare to sign a 40-year contract, under which they promise to move their cattle roughly every two weeks.

Some have agreed since that amounts to huge sums by local standards, said Namnyak: “If someone gives you free money, who will refuse it?”

Sherie Gakii, advocacy officer for Greenpeace, said such projects only existed to let companies like Volkswagen “continue polluting and making big profits on the backs of indigenous people trying to protect their ancestral land”.

Volkswagen’s environmental arm, ClimatePartner, strongly disagrees.

It told AFP the carbon credits would be “based on scientifically validated measurements” including regular soil samples to ensure that carbon capture was increasing.

A Verra spokesperson defended carbon credit schemes as “one of the few vehicles that bring sustained investment into rural areas”.

The SftFTZ contract promises to give 51 percent of the value of all carbon credits sold to the local community.

But the Maasai International Solidarity Alliance, an NGO, questions whether that money will ever materialise and has called for a five-year pause on all such schemes until they can be properly evaluated.

Benja Faecks of think tank Carbon Market Watch told AFP the focus should be on getting companies to stop polluting in the first place.

“When a company like Volkswagen or Danone or Nestle can buy these credits and claim they are carbon neutral… that’s misleading and false,” said Faecks.

“Volkswagen should focus on phasing out the internal combustion engine.”

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