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This article has been submitted by Chaninat & Leeds, a full service law firm in Thailand, specializing in foreign company registration, divorce litigation and US immigration, including the US visa waiver process for Thais.




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Ministerial Regulation
No. 6 (B.E. 2514)
Issued Under the Mineral Royalty Rates Act B.E. 2509

By virtue of section 7, section 8, and section 9 of the Mineral Royalty Rates Act B.E. 2509, the Minister of Industry has issued the Ministerial Regulation as follows:
Section 1 The Ministerial Regulation No. 1 (B.E. 2509) issued under the Mineral Royalty Rates Act B.E. 2509 shall be repealed.

Section 2 Determination of the mineral market price shall be prescribed as follows:
(1) Tin 6
a. The price of tin metal in the ore shall be posted at the price per sixty kilograms, based on the market price in the following order:
1. The latest market price in the Federation of Malaysia where the transactions have been made consecutively for no less than twenty working days.

2. In the case that the market price in the Federation of Malaysia is posted in accordance with 1., if no transaction has been made for more than three consecutive working days in the Federation of Malaysia, the market price shall be based on the market price at that time in London, England, where the transactions are made. However, the cost of transportation and insurance from the port in London to the port in Bangkok shall be deducted at the rates prescribed by the Director-General.

3. In the case that the market price in the Federation of Malaysia or in London, England, is unable to be based on according to 1. or 2., the market price shall be based on the market price at that time in New York City, the United States of America, where the transactions are made. However, the cost of transportation and insurance from the port in New York City to the port in Bangkok shall be deducted at the rates prescribed by the Director-General.

4. In the case that no transaction is made at that time in the Federation of Malaysia, in London, England, and in New York City, the United States of America, the market price shall be based on the price in Thailand, where the transactions are made, at the rate prescribed by the Director-General.

b. Whenever there is a fluctuation in the market price over or under that latest posted in excess of fifty baht per sixty kilograms, it shall be reposted.

(2) Minerals containing Tungstic Oxide 7

a. The price of minerals containing tungstic oxide shall be posted, based on the latest market price of the minerals with seventy percent of tungstic oxide per picul8, being traded in New York City, the United States of America. However, the cost of transportation and insurance from the port in New York City to the port in Bangkok shall be deducted at the rates prescribed by the Director-General.

b. Whenever there is a fluctuation in the market price over or under that latest posted in excess of twenty-five baht per picul, it shall be re-posted.

(3) Gold 9
a. The price of gold shall be posted at the price per gram of pure gold based on the latest market price in London, England, where the transactions are made.
b. Whenever there is a fluctuation in the market price over or under that latest posted in excess of one baht per gram of pure gold, it shall be re-posted.
c. (repealed by the Ministerial Regulation No. 19, B.E. 2522) (3 bis.) Silver 10

a. The price of silver shall be posted at the price per gram of pure silver based on the latest market price of silver metal in London, England, where the transactions are made.
b. Whenever there is a fluctuation in the market price over or under that latest posted in excess of one baht per gram of pure silver, it shall be re-posted.

(3 ter.) Compound of Tantalite and Columbite 11 a. The price of tantalite and columbite compound shall be posted at the price per metric ton based on the latest market price of tantalite containing thirty percent of tantalum pentoxide, in London, England, where the transactions are made.

b. Whenever there is a fluctuation in market price over or under that latest posted in excess of four hundred baht per metric ton, it shall be re-posted.

(3 quarter.) Slag containing Columbium Pentoxide or Tantalum Pentoxide or combination of both 12
a. The price of slag containing columbium pentoxide or tantalum pentoxide, or combination of both shall be posted at the price per metric ton based on the latest average market price of tantalite containing thirty percent of tantalum pentoxide, in London, England, where the transactions are made. However, the cost of smelting shall be deducted at the rates prescribed by the Director- General, based on the percentage of tantalum pentoxide according to the regulations as follows:
1. For slag containing tantalum pentoxide no more than five percent, the rate shall be calculated at five percent.
2. For slag containing tantalum pentoxide more than five percent, but no more than eight percent, the rate shall be
calculated at eight percent.
3. For slag containing tantalum pentoxide more than eight percent, the rate shall be calculated at thirteen percent.

b. Whenever there is a fluctuation in market price over or under that latest posted in excess of four hundred baht per metric ton, it shall be re-posted.

(3 quinque.) Lead or Zinc 13
a. The price of lead or zinc shall be posted at the price per metric ton based on the latest market price of lead or zinc metal in London, England, where the transactions are made. However, the cost of transportation and insurance from the port in London to the port in Bangkok shall be deducted at the rates prescribed by the Director- General, depending on the type of such mineral.

b. Whenever there is a fluctuation in market price over or under that latest posted in excess of fifty baht per metric ton, it shall be reposted.

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6 As amended by the Ministerial Regulation No. 34 (B.E. 2529).
7 As amended by the Ministerial Regulation No. 32 (B.E. 2528).
8 1 picul = 60 kilograms.
9 As amended by the Ministerial Regulation No. 46 (B.E. 2536).
10 As amended by the Ministerial Regulation No. 39 (B.E. 2530).
11 As amended by the Ministerial Regulation No. 22 (B.E. 2523).
12 As added by the Ministerial Regulation No. 24 (B.E. 2523).
13 As amended by the Ministerial Regulation No. 39 (B.E. 2530).

 

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