The Chairman of Central Committee on Prices of Goods and Services issued a notification regarding the ‘Prices and Details Concerning Motorcycle Tires and Motor Car Tires’ B.E. 2564 (2021) (the “Notification”), which was published in the Ministerial Information Bulletin No. 10858 of 14th October 2022. The Notification is the result of a review by the Central Committee on Prices of Goods and Services on the power exercised regarding the provision of prices and details concerning motorcycle and motorcar tires prices and details. It is concluded that business operators must continue to notify the prices and details concerning motorcycle tires and motor car tires. The purpose of this is to monitor price levels, ensure the fair provision of these goods, and protect consumers.
Definitions within the notification
The “motor car tires” or “motorcycle tires” shall mean to include.
1. Motorcycle tires of size 60 mm to 70 mm., or 2.25 inches to 2.50 inches, the diameter of wheels 17 inches.
2. Motor car tires of radial type for a sedan, of size 175 mm. to 215 mm., with diameters of wheels from 14 inches to 16 inches.
3. Motor car tires of radial type for a small truck, of size 195 mm. to 215 mm., and of wheel diameters of 14 inches to 16 inches.
Scope of the Notification
By virtue of Section 9 (2), (3), Section 25 (3), (4), and Section 26, paragraph one, of the Act Governing Prices of Goods and Services B.E. 2542 (1999), the scope of the Notification is as follows.
1. The Notification is enforced in all localities throughout the Kingdom for a period of one year beginning the day after its initial publication unless a new notice is issued prior to the end of this period.
2. The Notification requires that the name, trade name, selling prices, buying prices, sizes, diameters, and models of tires, be notified by the manufacturer, importer for sale, the sole distributor of the manufacturer, or by the importer of motorcycle or motor car tires. The prices notified must be the price on the day this notice comes into effect, and notification must occur within thirty days from the date of effect.
3. If a business is operated the day after the date of enforcement, the same collection of individuals listed in (2) must notify the same data in paragraph (2) at least fifteen days before the goods in question are sold.
4. Any data notified by the manufacturer, the importer for sale, or the sole distributor of the manufacturer or the importer of motorcycle tires or motor car tires under the Notice of Central Committee on Prices of Goods and Services No. 44 B.E. 2564 (2021), Re Notification of Prices and Details Concerning Motorcycle Tires and Motor Car Tires, dated 1st July 2021, shall be considered as notification under (1) for this notice.
5. If a business wants to sell a motorcycle tire or motor car tire that is not included in the particulars notified in the definitions or at a higher price than what was initially notified, this change is required 15 days before the sale of goods.
6. Any data filed that is of a different description or sold at a higher price than notified by the manufacturer, the importer for sale, or the sole distributor of the manufacturer or the importer of motorcycle tires or motor car tires under the Notice of Central Committee on Prices of Goods and Services No. 44 B.E. 2564 (2021), will be regarded as the notification of change under (1). However, any changes in description or price may only be made after the lapse of fifteen days from the date of enforcement of this Notice.
Process for notifications
1. Notifications must be submitted to the Secretary-General per the forms prescribed by the Secretary-General at the Office of the Central Committee on Prices of Goods and Services, Department of Internal Trade, Ministry of Commerce.
2. The notification under (1) may be registered by a reply post, by facsimile, or by electronic mail, whereby the date of daily stamp of the post office of the place of origin shall be regarded as the date of notification.
✓ Regarding facsimile, the date of receipt of such notification shall be considered the date of intention to file a notification.
✓ Regarding electronic mail, the date of receipt of such notification shall be the day the electronic mail accesses into the database system of the Office of the Central Committee on Prices of Goods and Services.
3. The notification under (2) by facsimile or by electronic mail shall be completed only when the manufacturer, the importer, or the sole distributor of the manufacturer or of the importer, has sent the original to the Secretary-General.
4. The manufacturer, the importer for sale, the sole distributor of the manufacturer or of the importer, who wishes to file the notification by electronic mail shall sign in the memorandum of agreement on notification of electronic data according to the bases and procedures prescribed by the Secretary-General.
Extensions on notification
The Secretary-General has the discretion to extend the period of time before the lapse of the said period when a request is received by the manufacturer, the importer for sale, the sole distributor of the manufacturer, or the importer. However, an extension requires exceptional circumstances or necessity on behalf of the applicant. For an extension to take Secretary-General is required to issue an order to extend the period thereof, before the lapse of the said period, except in the case of force majeure.