Rules of Origin on Customs Free Zone
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1 Rules of Origin on Customs Free Zone 31 August 2016 Ford Motor Company & General Motors
2 Agenda Customs Free Zone Overview Free Zone Benefits to Local Part Suppliers Duty Reduction Scheme under Free Zone Free Zone Rules of Origin Materials/Parts originated from ASEAN Materials/Parts originated from Thailand Non-originating Materials/Parts Highlighted Areas for Part Suppliers Q & A 2
3 Customs Free Zone Designated areas for industrial or commercial operations or any other activities beneficial to economic growth and development. Foreign & domestic merchandise moved into Free Zone is eligible forduty&taxprivilegesasindicatedbylaw. Territory outside Thailand (from customs perspective) Customs Free Zone Overview Overseas Domestic Thailand 3
4 Materials/ Machines/ Goods brought into FZ ImportedRM/Parts Machineries& Equipment Foreign Merchandises/ Goods Customs Free Zone Principles & Privileges Goods transferred from other Free Zone Bonded Warehouse/ IEAT Free Zone Duty Exempted / Duty Suspended FinishedGoods(e.g.CBU)produced&takenoutofFZ Vehicles exported from FZ to Overseas No Duty VehiclestakenfromFZtoThailand for domestic sale/ consumption Duty + Taxes 0% import duty if meeting 40% Local Content requirement under FZ Regulation 4
5 Duty and Tax Benefits Parts from local part suppliers sold to FZ Operators Deemed as Export Free Zone Benefits to Local Part Suppliers Export claim/duty drawback/etc, available upon shipment to FZ and duly customs clearance. Export/domestic ratio not required by supplier, as 100% shipped is deemed export. BOI, Bonded Warehouse, 19BIS Duty Drawback Privilege can be applied. No duty cost on imported RM if used to produce Final Parts & sold to FZ Operators. No VAT on Parts sold by local part suppliers to FZ Operators. 0% VAT for Parts sold between FZ, Bonded Warehouse, BOI Operators. 5
6 Duty Reduction Scheme under Free Zone If Finished Goods (vehicles/cbu) achieve 40% FZ local content requirement, those vehicles are eligible for 0% duty when taken out of FZ to domestic Thailand market. If meeting FZ LC requirement (> 40% LC of Ex-factory Price) 0% Duty + Excise / Interior Tax upon import from FZ to domestic Thailand If not meeting LC requirement (< 40% LC of Ex-factory Price) Normal Duty (e.g. 80%) + Excise / Interior tax upon import from FZ to domestic Thailand 6
7 Regulations related to Customs Free Zone Ministry of Finance Notification on Reduction and Exemption of Import Duty under Section 12 of Customs Tariff Decree B.E (No. 13) [ MOF Notification No. 13 ] Customs Notification No.73/2559 [ CN 73/2559 ] Office of Industrial Economics Notification on Significant Production Process of Goods Manufactured in Customs Free Zone and IEAT Free Zone, dated 15 June 2016 [ OIE Notification ] Thailand Automotive Institute Notification No. 21/2559 [ TAI Notification No. 21/2559 ] Effective Date: 19 June
8 Free Zone Rules of Origin Finished Vehicle is eligible for 0% duty when taken out of FZ if its Local Content exceeds 40% of Ex-factory price. Only Materials / Parts originated from Thailand and ASEANcan be treated as Local Content. Local Parts originated from Thailand can be certified by one of the followings: 1) TAI Certification; or 2) DFT E-Origin Certification; or 3) Self-Certification by part manufacturers Parts originated from ASEAN must be evidenced by AFTA Certificate of Origin (FORM D). Failure to comply with the above requirements, Parts shall be treated as Import Content. 8
9 LC Consideration on Local Parts under Free Zone Tier-2 TH Supplier Tier-2 Overseas Supplier Tier-2 TH Supplier Tier-2 ASEAN Supplier TAI Audit at Supplier Production Line : PASS Tier-1 TH Supplier Tier-1 TH Supplier Local Parts With TAI Certification Free Zone Local Content Assembled to CBU Tier-1:Suppliers who produced, sold and shipped parts to FZ manufacturer Tier-2: Suppliers who sold raw materials to Tier-1 Supplier to produce the finished parts TAI Audit at Supplier Production Line : FAIL Tier-2 TH Supplier Tier-2 Overseas Supplier Tier-2 Overseas Supplier Tier-1 TH Supplier Trading or Minimal-operation Process : FAIL Tier-1 TH Supplier Local Parts WITHOUT TAI Certification Import Content Domestic Sale in TH - 0% duty if CBU meet 40% LC under FZ regulation OR - Normal duty if not meet 40% LC 9
10 TAI Certification on Local Parts Free Zone Operator shall file the application with production process & supporting documents to TAI on behalf of Part Supplier. To be certified by TAI, Parts from suppliers in Thailand must meet the following requirements: 1. Undergone significant production process a/ in Thailand; and 2. Such process is not a simple or minimal operation b/ Simple Processing refers to process that has the least impact to the essential characteristic or attribute of goods. TAI will audit production process at the Tier1 part supplier s factory and/or Tier2 suppliers if needed. a/ Significant production process for automotive industry is stipulated under TAI Notification No. 21/2559 b/ Minimal operations are stipulated by MOF No.13 & CN73/2559, e.g. simple cutting, painting, simple assembly, re-packing etc. 10
11 TAI Consideration Guideline Significant Machinery is engaged in the production process New Innovation or technology Quality Inspection process 11
12 Lessons Learnt from TAI Audit Highlighted Areas for Part Suppliers Changes that would result in TAI Re-Certification (either re-audit or re-certification requirement) Change of Part Supplier s company name, logo & rubber stamp Change of Part Supplier s address Change of Part Supplier s Tier 2, Tier 3, etc Relocation of Part Supplier s Production Line Change of Part Name Change of Production Processes TAI Audit requires Complete set of TAI application (both Supplier & its Tiers) Full line operation with presence of tooling Production line running during plant visit 12
13 Appendix 13
14 TAI Notification No. 21/2559 Criteria to consider Significant Production Process of Parts 1. Single Part Process Part, as an output, must undergo certain production process that changed / transformed the format, appearance or nature of its original raw materials with specific machine and tooling. 14
15 TAI Notification No. 21/2559 Criteria to consider Significant Production Process of Parts 2. Assembly Part Process Assembly Part shall be certified if following criteria and conditions are met: 1. Assembly process must carry essential process and must not be simple one. 2. Supporting evidence for consideration including testing of efficiency or engineering functionality, new innovation and technology. 3. Assembly process of wholly imported materials shall be considered only if such assembly carries significant process and must not be simple process. 15
16 MOF No. 13 & CN 73/2559 Samples of Simple Process / Minimal Operation Ventilating / drying / chilling / freezing; Cleaning / washing; Painting / scrubbing; Slitting / bending / coiling / uncoiling; Sorting / sifting out; Packaging / bottling; Affixing marks, labels, signs on packaging; Simple mixing of same or different goods; Diluting; Simple assembling or un-assembling; Simple calibration 16
17 Q & A 17
18 THANK YOU 18
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