How do I challenge Thai Customs' higher tariff classification on my imported spare parts?
Lawyer Answers
Ascendance International Consulting (A-I-C)
Typical appeal process
1) File a protest – Within 30 days of the date shown on the customs assessment notice, you (or your customs broker) must submit a written protest to the Customs Office that issued the assessment. The protest should include the original import documents (invoice, packing list, product specifications), the previous classification rulings for similar shipments, and any supporting arguments why the new HS code is incorrect.
2) Customs review – After receiving the protest, customs will review the case and may request additional information or an on-site inspection. They will issue a decision in writing, usually within 60 days of the protest filing.
3) Further appeal – If the protest is denied, you can appeal to the Customs Appeals Committee (กค.) within 30 days of the committee’s decision. This body conducts a more formal hearing and can overturn the original classification.
4) Recovery of duties – When the appeal is successful and the goods are re-classified to a lower duty rate, you can claim a refund of the overpaid duties. The refund request is submitted together with the final appeal decision and is processed by customs within a few months, provided all supporting documents are in order.
What you should do next
- Verify the exact filing deadlines (the standard 30-day window may differ for certain types of imports or for electronic filings).
- Gather all supporting paperwork: original invoices, product specifications, prior customs clearance documents showing the earlier HS code, and any correspondence with customs.
- Prepare a concise written protest that cites the HS-code ruling you previously received and explains why the new classification does not match the technical description of the spare parts.
Sincerely,
Ascendance International Organization
Thailand Family Law Partners (TFL)
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