Legal Problems Related to Import the Industrial Products which are Required the Mandatory Standard under Industrial Product Standards act, b.e. 2511 (1986)

Abstract

This thesis aimed at investigating the control of importing industrial products conforming to the standards required by the Royal Decree. This was done through studying the history of the industrial standard, measures in controlling the import of industrial products following the Royal Decree of Thailand and foreign countries, problems and enforcement impacts, and its legal interpretation nowadays to obtain some guidelines and recommendations on the effective control of imported industrial products with mandatory standards. The findings revealed that the control measures of imported industrial products with mandatory standards of Thailand have specified that only industrial products for sale need permission. This hinders the control of entrepreneurs who declare the import of industrial products for use with an aim to sell products afterwards. Moreover, the penalty cannot decrease the motivation to commit illegal deeds since its fine is relatively low compared with the total value of illegally imported products. With regard to the international regulations and laws of other countries, it was found that the control of imported goods is applied to all cases of imported products since the standard control is a non-tariff barrier to trade to control the import of poor quality products for the stability of internal industry, and for the sake of people and national economy. The control measure for imported industrial goods of Thailand should be imposed on all cases.

The findings suggest that there should be a legal requirement that the import of industrial products with mandatory standards for commercial benefits need to be be approved by the Secretary General. The terms “commercial benefits” should be added to Section 3 and the term “for sale” in Section 21 should be replaced with “for commercial benefits”. The penalty in Section 48 should be adjusted by specifying a fine based on the percentage of total value of illegally imported products to correspond to the aims of laws and to achieve a more effective prevention of illegal acts.