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Customs and International Trade

Customs and International Trade

Key Contacts

Cambodia

Laos

Myanmar

Thailand

Vietnam

OVERVIEW

Navigating complex trade challenges with clarity and cofidence.

Tilleke & Gibbins’ Customs and International Trade practice helps domestic and multinational companies navigate complex customs regulations, trade frameworks, and enforcement environments across the region. Drawing on deep regional experience, strong regulatory relationships, and technical expertise, we help clients manage risk, secure trade benefits, and resolve disputes efficiently.

We handle the full range of customs and international trade matters, including clearance, classification, valuation, FTA utilization, rules of origin, excise and tax issues, antidumping, and postclearance audits and appeals. As governments increase scrutiny of preferential schemes and adjust tariff regimes, we offer commercially focused strategies to ensure compliance with bilateral, regional, and WTO standards. Our team also represents local and multinational clients in customs investigations and civil and criminal disputes, working closely with authorities to ensure practical and effective engagement throughout the process.

With extensive experience across diverse industries, we craft tailored solutions that align seamlessly with each client’s operational realities and the complexities of their cross‑border supply chains.

Experience

  • Defended a leading global logistics company in three criminal actions brought by the Thai Customs Department involving potential fines exceeding USD 15 million and secured nonprosecution orders that were subsequently upheld.
  • Advised a global manufacturer on a complex customs dispute concerning the valuation and classification of tire imports under Thailand’s Ministry of Commerce regulations and worked closely with authorities to reach a successful resolution.
  • Represented a world-leading computer technology company in a complex rules-of-origin dispute under the China–Thailand FTA, involving products manufactured in China, shipped through Malaysia, and invoiced by a Singapore-based entity.
  • Represented a leading global producer of vitamins and nutritional supplements in filing more than 200 appeals with Thai Customs, involving rules of origin and tax exemptions under ASEAN trade agreements.
  • Secured favorable Board of Appeals rulings for a multinational defense and security company on the HS classification of identity documents under a government contract, including stays and bank guarantees for assessed duties.
  • Represented a Southeast Asian sugar refinery before the Trade Remedies Authority of Vietnam and prepared evidence demonstrating that no circumvention of trade‑remedy measures had occurred.
  • Advised a Malaysian flexible‑packaging film manufacturer in an antidumping investigation conducted by Vietnamese authorities, prepared submissions and represented the client throughout the proceedings.
  • Advised a multinational chemical manufacturer on antidumping and regional value-content issues under the China–Thailand FTA in connection with a proposed relocation of its production base.
  • Advised a Vietnamese furniture manufacturer on confidentiality obligations when providing information to a foreign government in an antidumping investigation concerning upholstered seating.
  • Assisted an overseas client with importing products from China into Thailand and secured preferential treatment under the ASEAN–China FTA, including preparing country-of-origin documentation for tax and regulatory compliance.
  • Advised a leading VR hardware manufacturer on product importation, labeling requirements, consumer-protection compliance, and regulatory procedures.
  • Advised a global freight forwarder on establishing manufacturing and assembly operations in a Thai free-trade zone, including importer-of-record and exporter-of-record considerations and multiregulatory risk analysis.
  • Advised a global health care company on importing used medical devices into Thailand for refurbishment and reexport, covering customs, excise, and Thai FDA requirements.
  • Assisted a multinational industrial company in self-reporting customs misdeclarations under Thai Customs’ one-stop-service pilot program and achieved significant reductions in surcharges.
  • Assisted a U.S.-based furniture manufacturer during a customs inspection of its factory in Quang Ngai, Vietnam, to verify compliance with export qualification requirements.
  • Advised a Singapore-based tobacco manufacturer on a regional counterfeit-goods investigation involving seizures in Malaysia, Singapore, and Thailand linked to production in Vietnam.
  • Supported an American home and security products manufacturer in an investigation into Vietnamese transshipment and tax-avoidance schemes involving shell entities used to misrepresent the origin of goods.
  • Represented a subsidiary of a global multimodal transportation provider in a THB 24 million (approximately USD 735,000) dispute, and secured emergency relief from Thailand’s Intellectual Property and International Trade Court, enabling the client to remove cargo from its vessel.

PROFESSIONALS

RELATED INSIGHTS

July 21, 2026
On July 6, 2026, Myanmar’s Ministry of Finance and Revenue introduced revised procedures governing the importation and exportation of goods and vehicles, replacing the framework that had been in place since 2017. The revised procedures were introduced in Notification No. 115/2026, which establishes updated compliance requirements and penalties for importers and exporters, covering licensing, declarations, product specifications, prior arrival of goods, and imports or exports made without the required licenses or permits. Scope Unlike its predecessor (Notification No. 6/2017), which focused primarily on import-related noncompliance, the new notification regulates both import and export activities and introduces a separate penalty schedule for export violations. Exporters are now required to ensure that their exports comply with the approvals stated in export licenses and permits, match the information declared in export declarations, and are supported by the required licenses, permits, and accompanying documents. Import Compliance and Penalties The new notification imposes several compliance requirements on importers. Importers must ensure that the country of origin, branding, labeling, and other product information are consistent with the relevant import license or permit, import declaration, and the imported goods. For vehicles and machinery, the model year must match the year approved by the Ministry of Commerce. Importers must also ensure that goods are not imported before the issuance or after the expiry of the import license or permit, and that the imported quantity does not exceed the approved amount. Failure to comply with these requirements may result in regulatory action. As for the notification’s revised penalties for noncompliance with import licensing requirements, imports made without the required import license, permit, or import declaration may be subject to fines ranging from one to three times the assessable value (AV) of the goods, depending on the category of goods involved. Certain vehicles and machinery, as well as specific
May 22, 2026
Thailand recently concluded the latest round of high-level trade discussions with its US trade counterparts. In addition to addressing concerns over claimed human rights abuses, forced labor, and the current trade imbalance with the US, one critical area of focus was US allegations of transshipment in Thailand’s import-export sector. Transshipment is the practice of routing goods through a third country to circumvent duties or tariffs on goods exported to the receiving country. Specifically, the US alleges that many Thai exporters declare a Thai origin for goods to qualify for preferential duties or exemptions without meeting the legal standards for establishing Thai product origin—an act that it claims masks the goods’ true origin. This is a particular matter of concern for US authorities, since transshipment is perceived to be a means by which Thai origin is claimed for many Chinese goods exported abroad. This perception affects a wide range of otherwise legitimate Thai-origin goods. The Thai trade delegation, led by Deputy Prime Minister and Commerce Minister Suphajee Suthumpun, met with counterparts from the Office of the United States Trade Representative (USTR) on May 3–6. A subsequent team of Thai trade representatives, led by the Thai Ministry of Commerce vice minister, met with the USTR on May 13–14. These discussions directly impact the trade enforcement environment in Thailand, potentially affecting numerous business operators involved in the manufacture, import, or export of goods and components. Thailand’s position is that it strictly adheres to and enforces the legal standards for determining qualifying origin and that allegations of transshipment are largely unjustified. Nonetheless, it has agreed to increase its focus on trade compliance and enforcement in Thailand in return for commitments on reciprocal trade benefits with the US, including consideration of tariff exemptions on certain critical Thai imports into the US. Notable Outcomes There
May 8, 2026
The global trade environment for Thai exporters in 2026 has shifted significantly. Recent enforcement developments in both the United States and the European Union show a clear shift in trade policy: regulators are no longer focused solely on tariff levels, but also on whether products genuinely originate where exporters claim they do. Adding to this complexity, the US Supreme Court’s February 2026 decision striking down the use of the International Emergency Economic Powers Act (IEEPA) to impose tariffs has upended the legal basis for a major pillar of US tariff policy, creating significant legal and commercial uncertainty for exporters worldwide, including in Thailand. For Thai companies integrated into regional supply chains, this change carries material implications. Although the IEEPA-based US reciprocal tariffs have been struck down, intensified circumvention enforcement continues under separate legal authorities, and the administration has signaled its intent to reimpose tariffs under alternative statutory frameworks, while EU authorities are using anti-circumvention investigations where trade patterns shift. In both jurisdictions, the decisive issue is whether manufacturing in Thailand constitutes substantial transformation under applicable rules of origin. Such origin determinations increasingly drive duty exposure, audit risk and commercial disputes. In 2026, the ability to defend a product’s Thai origin is not merely a procedural step, it is central to preserving market access in the US and EU. Impact Of US Circumvention Enforcement and an Uncertain Tariff Landscape Following the 2025 Framework for an Agreement on Reciprocal Trade, Thailand saw a shift in its tariff relationship with the US. A substantial range of Thai-origin goods were subject to a 19% reciprocal tariff under the IEEPA. However, the Supreme Court’s ruling invalidating the use of IEEPA for tariffs has removed the legal basis for that rate. The Administration has indicated it intends to pursue replacement tariffs under other statutory authorities,
April 9, 2026
In March 2026, the United States Trade Representative (USTR) initiated two significant investigations under Section 301(b) of the Trade Act of 1974 that directly affect Thailand. The first investigation examines overproduction in manufacturing sectors caused by government support or policies that distort normal market conditions across 16 economies, including Thailand. The second investigation, launched the following day, targets 60 economies, also including Thailand, for alleged failures to impose and effectively enforce prohibitions on the importation of goods produced with forced labor. Taken together, these investigations represent a significant escalation in US trade enforcement and create substantial risk for Thai exporters, manufacturers, and businesses with supply chain connections to the United States. The investigations are moving on an accelerated timeline, with the USTR indicating that potential trade measures, including tariffs, could be imposed as early as July 2026. This article provides an overview of the investigations, highlights their specific implications for Thailand, and outlines practical considerations for affected businesses. Section 301 as a Trade Enforcement Tool Section 301 of the Trade Act of 1974 gives the USTR authority to investigate foreign acts, policies, or practices that are considered unreasonable or discriminatory and that burden or restrict US commerce. If the USTR concludes that such practices exist, the statute allows a wide range of remedial measures, including the imposition of tariffs, nontariff trade restrictions, and negotiated agreements with foreign governments. Unlike other trade authorities, Section 301 does not set limits on the level of tariffs or the duration of measures, giving the USTR considerable flexibility to address perceived trade imbalances or unfair practices. Historically, Section 301 investigations take up to a year to complete. In this instance, however, the USTR has indicated that the investigations will proceed on a much faster timetable, with an unofficial target of concluding by July 2026.
AWARDS & RANKINGS
May 11, 2026
Tilleke & Gibbins has continued to show excellent performance in the recently released Benchmark Litigation 2026 rankings for dispute resolution firms in the Asia-Pacific region. The rankings include two jurisdictions where Tilleke & Gibbins is active: Thailand and Vietnam. Firm Rankings A full summary of the firm’s rankings is provided below: Thailand Commercial & Transactions – Tier 1 Government & Regulatory – Tier 1 Labor & Employment – Tier 1 Intellectual Property – Tier 1 Trade & Customs – Tier 2 Vietnam Commercial & Transactions (Foreign Firms) – Tier 1 Intellectual Property (Foreign Firms) – Tier 1 Labor & Employment (International Firms) – Highly Recommended (top tier awarded in this category) White Collar Crime – Recommended (top tier awarded in this category) Energy & Construction (Foreign Firms) – Tier 2 International Arbitration – Tier 2 Individual Rankings The 2026 edition also recognizes 12 Tilleke & Gibbins lawyers in Thailand—more than any other firm in the jurisdiction—and four in Vietnam. Thailand Alongkorn Tongmee – Trade & Customs Chitchai Punsan – Commercial & Transactions Chusert Supasitthumrong – Labor & Employment John Frangos – Commercial & Transactions Noppramart Thammateeradaycho – Shipping Nuttaphol Arammuang – Intellectual Property Piyawat Vitooraporn – Commercial & Transactions Pongpalin Chantrapirom – Commercial & Transactions Suebsiri Taweepon – Intellectual Property Suruswadee Jaimsuwan – Commercial & Transactions Thawat Damsa-ard – Commercial & Transactions Tiziana Sucharitkul – Commercial & Transactions, Government & Regulatory Vietnam Duc Anh Tran – Commercial & Transactions Linh Duy Mai – Intellectual Property Loc Xuan Le – Intellectual Property Tu Anh Tran – Commercial & Transactions Benchmark Litigation’s annual research is based on interviews with dispute resolution specialists and clients, as well as analysis of recent casework and market developments. To view the full results, please visit the Benchmark Litigation websites for Thailand and Vietnam.
March 19, 2026
Tilleke & Gibbins has been recognized in 17 categories at the 2026 Thailand Law Firm Awards from Asia Business Law Journal (ABLJ), up from 10 categories in 2025. The awards highlight leading law firms in Thailand across a broad range of practice areas, as well as overall firm performance. This year, Tilleke & Gibbins was named a co-winner in the Best Overall Law Firm category as well as in the following practice-specific categories: Artificial Intelligence Aviation Blockchain & Digital Assets Competition & Antitrust Data Compliance & Cyber Security E-Commerce, Digital Trade & Platform Regulation ESG (Environmental, Social, and Governance) Fintech Healthcare & Life Sciences Insurance & Reinsurance IP Litigation IP Prosecution Labour & Employment Private Equity & Venture Capital Shipping & Maritime Technology, Media & Telecommunications The awards are determined through ABLJ’s independent research, which considers recent work, client feedback, and market standing. The annual Thailand Law Firm Awards recognize firms demonstrating strong performance and breadth of expertise across key practice areas. For more details and the full list of winners, please visit the ABLJ website.