Customs Valuation Agreement Full Text

Upon written request, the importer shall be entitled to a written declaration from the customs administration of the importing country on how the customs value of the importer`s goods has been determined. 3. Articles 5 and 6 provide for two bases for the determination of the customs value where it cannot be determined on the basis of the transaction value of the imported goods or of identical or similar imported goods. In accordance with Article 5(1), the customs value shall be determined on the basis of the price at which the goods are sold in the state in which they were imported to an independent buyer in the importing country. The importer shall also have the right to have the goods valued after importation in accordance with Article 5 if the importer so requests. In accordance with Article 6, the customs value shall be determined on the basis of the calculated value. Both methods pose certain difficulties and, for this reason, in accordance with Article 4, the importer has the right to choose the order in which both methods are used. Any enterprise involved in international trade may benefit from the fair and predictable rules of this Agreement for the valuation of goods for customs purposes. The agreement identifies certain situations in which the transaction value of imported goods is unacceptable for customs purposes. These occur: if there are restrictions (with a few exceptions) on the disposal or use of the goods by the buyer; if the sale or price of the goods is subject to a condition or consideration for which a value cannot be determined; if part of the proceeds from further use of the goods by the buyer accrues to the seller; or, with a few exceptions, if the buyer and seller are “related” (e.B.

Business partner, employer, employee, officer or director in each other`s business. Recognizing that customs valuation should be based on simple and fair criteria consistent with commercial practices and that valuation procedures should have general application without distinction between sources of supply; The Committee on Customs Valuation of the Council for Trade in Goods (CGT) is working at the WTO on a series of measures to facilitate trade at customs value. The current president is. 2. Where the customs value cannot be determined in accordance with Article 1, a consultation procedure should normally take place between the customs administration and the importer in order to arrive at a value basis in accordance with Article 2 or 3. For example, the importer may have information on the customs value of identical or similar imported goods that are not immediately available to the customs administration of the port of importation. On the other hand, the customs administration may have information on the customs value of identical or similar imported goods which are not easily accessible to the importer. A consultation procedure between the two parties will allow for the exchange of information while respecting business secrecy in order to determine an appropriate basis of assessment for customs purposes. (b) for the purposes of this Article, the determination of the customs value shall be based on the transaction value of identical goods in a sale at the same level of trade and in a quantity substantially equal to that of the goods being valued; Where such a sale is not established, the transaction value of identical goods sold at a different level of trade and/or in different quantities shall be adjusted to take account of differences due to level of trade and/or quantity, provided that such adjustments can be made on the basis of substantiated evidence clearly demonstrating the adequacy and accuracy of the adjustment; if the adjustment results in an increase or decrease in value.

2. In determining its legislation, each Member shall provide that the customs value shall include, in whole or in part, or exclude from the customs value: for importers, the procedure for estimating the customs value of a product raises problems which may be as serious as the duty actually collected. The WTO Customs Valuation Agreement aims to establish a fair, uniform and neutral system of valuation of goods, consistent with the circumstances of trade policy and prohibiting the use of arbitrary or fictitious customs values. The Customs Valuation Committee of the Council for Trade in Goods (CGT) deals with customs valuation at the WTO. Browse or download the gateway for legal texts: For cases where it is impossible to determine the transaction value of the imported goods, the agreement provides for other methods of valuation. The first alternative is to set the customs value on the basis of the transaction value of identical goods sold for export to the same country. In the absence of identical goods, customs authorities shall use the transaction value of like goods sold for export to the same country. Where identical or similar goods are not sold for export to the same country, the value of identical or similar goods may be used for sale in the importing country. Alternatively, a calculated value can be used; The agreement describes how this value is to be calculated. If all else fails, the customs authorities shall use “reasonable means consistent with the principles and general provisions of this Agreement” to determine the value of the imported goods. The objective of the Agreement is to provide for a uniform, uniform and neutral system of valuation of goods imported for customs purposes, in accordance with commercial conditions and prohibiting the use of arbitrary or fictitious customs values. The Agreement recognises, on the basis of its positive conception of value, that the customs value should, as far as possible, be based on the actual price of the goods to be valued.

3. Where, for the purposes of this Article, more than one transaction value of identical goods is found, the lower of that value shall be used to determine the customs value of the imported goods. Brief information on customs valuation Links to the section on customs valuation in the WTO Guide Understanding the WTO. (b) a system providing for the acceptance of customs duties of the higher of the two alternative values; The Agreement provides that the customs legislation of each WTO member country provides for the right of importers to a remedy without appeal, first to the country`s customs administration or an independent body, and then to a judicial authority. All laws, regulations, judicial decisions and administrative decisions that give effect to the Agreement will be published. Where, when determining the customs value of the imported goods, it becomes necessary to delay the definitive determination of that customs value, the importer may nevertheless withdraw the goods from customs if the importer provides, if necessary, sufficient security in the form of a guarantee, guarantee or other appropriate instrument; on the final payment of customs duties which may be levied on the goods. . .

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