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APEC RULES OF ORIGIN - THAILAND

2.15 THAILAND: PREFERENTIAL RULES OF ORIGIN

Thailand does not formulate preferential rules of origin (ROO) for exports but merely implements the rules as applicable (GSP, GSTP, ASEAN PTA and CEPT).

As it is not necessary to include ROO relating to the Generalised System of Preference (GSP) as these are part of the UNCTAD booklet on GSP, the information on ROO of GSTP and ASEAN PTA and CEPT can be expressed in brief and simple terms as follows.

A value-added criterion is employed as the basis of the substantial transformation test under the preferential system of GSTP and ASEAN PTA and CEPT.

The GSTP (Global System of Trade Preferences) is employed among developing countries and least developed countries of the Group of 77. ASEAN PTA (Preferential Trading Arrangements) and CEPT (Common Effective Preferential Tariff) are employed among ASEAN member countries.

Variation in Rules of Origin

The same value-added basis is applied in GSTP and ASEAN PTA and CEPT. There are a few minor differences as follows:

GSTP is employed among developing countries and least developed countries of the Group of 77, while ASEAN PTA and CEPT are employed among ASEAN member countries.

Under the GSTP, a product is deemed to originate from the exporting country of the Group of 77 if at least 50 percent of its content originates from that exporting country. The 50 percent local content requirement refers to a single country and 60 percent local content requirement refers to cumulative GSTP content.

Under ASEAN PTA and CEPT, a product is considered to originate from ASEAN member countries if at least 40 percent of its contents originates from any ASEAN member countries. The 40 percent local content requirement refers to both single country and cumulative ASEAN content.

Structure and Application of Thailand's Tariff

Thailand's preferential rates of duty are applied for GSTP and ASEAN PTA and CEPT imports. Thus, goods imported and not entitled to preference will pay the normal or general rate of duty.

2.15.3 LEGISLATION AND OTHER RULES/DOCUMENTS Legislation

As preferential ROO are already prescribed in each preferential system of GSP, GSTP, ASEAN PTA and CEPT, Thailand therefore does not find it necessary to formulate any legislation and preferential ROO applying to preferential exports.

Other Publicly Available Documents

The GSTP handbook prepared by UNCTAD and the manual of ASEAN PTA and CEPT prepared by ASEAN Secretariat are available for exporters.

2.15.4 RESPONSIBILITY FOR CORRECT DETERMINATION OF ORIGIN

The Department of Foreign Trade, Ministry of Commerce is responsible for the issue of Certificates of Origin for a product exported under GSP, GSTP, ASEAN PTA and CEPT and is responsible for the assessment of the origin of that product before exporting. The invoice as well as the other documents of exportation such as the air waybill and bill of lading are used for the application of Certificates of Origin for the above mentioned exports.

2.15.5 RULES OF ORIGIN

Goods originating in a preference country may be divided into two categories as follows.

Wholly Obtained Goods

These goods are entirely grown, extracted from the soil or harvested within the exporting country or manufactured there exclusively from any of these products.

Goods Partly Manufactured in the Country

There are two conditions to preference entitlement for goods partly manufactured in the preference country as follows:

  1. The last process of manufacture must be performed by the manufacturer in the preference receiving country and
  2. Not less than 50 percent of the value of the exported product must be made up of local content for single country content and not less than 60 percent for cumulative content under the GSTP scheme and not less than 40 percent of the value of the exported product must be made up of local content for both single country and cumulative content under ASEAN PTA and CEPT schemes.

2.15.6 DIRECT SHIPMENT PROVISIONS

Direct shipment is required by GSTP and ASEAN PTA and CEPT.

2.15.7 OTHER CONDITIONS OR REQUIREMENTS

There are no other conditions or requirements.

2.15.8 REVIEW PROCEDURES

UNCTAD is responsible for maintaining review procedures under GSTP while the ASEAN Secretariat is responsible for ASEAN PTA and CEPT.

2.15.9 CONTACTS

Trade Preference Division
Department of Foreign Trade
Sanamachai Road
Bangkok 10200
Thailand

Tel: 662-282-8188
Fax: 662-281-7671


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