![Agreement on Implementation of Article VII of
GATT or the General Agreements of Tariff and
Trade
Article VII of the GATT outlines the requirements for Valuation for
Customs Purposes and applies to all members of the World Trade
Organization. The Agreement on Implementation of Article VII
(known as the WTO Agreement on Customs Valuation or the
“Valuation Agreement”) ensures that determinations of the customs
value for the application of duty rates to imported goods are
conducted neutrally and uniformly, precluding the use of arbitrary or
fictitious customs values.[5]
5](https://image.slidesharecdn.com/methods-of-valuation1-240526105142-c8de8386/85/METHODS-OF-VALUATION1-pptx-specifically-covers-customs-administration-5-320.jpg)
METHODS-OF-VALUATION1.pptx specifically covers customs administration
- 1. METHODS OF VALUATION FREDDIE C AVINADO, JR. LCB.MBA
- 2. Learning Objectives 2 Identify Customs Value What is Customs Valuation? Agreement on GAAP for Valuation Sequential Rule for Valuation Determine the Six Valuation Methods Open Forum
- 3. What is a Customs Valuation? 3 Customs valuation is a crucial process that determines the value of imported goods to assess customs duties and taxes. It ensures fair and consistent treatment in international trade by establishing a transparent and predictable system for determining the value of goods, Thus these six methods are recognized by the World Trade Organization (WTO) for determining the customs value of imported goods.
- 4. Customs Valuation • Customs valuation is the process whereby customs authorities assign a monetary value to a good or service for import or export. • Generally, authorities engage in this process as a means of protecting tariff concessions, collecting revenue for the governing authority, implementing trade policy, and protecting public health and safety. 4
- 5. Agreement on Implementation of Article VII of GATT or the General Agreements of Tariff and Trade Article VII of the GATT outlines the requirements for Valuation for Customs Purposes and applies to all members of the World Trade Organization. The Agreement on Implementation of Article VII (known as the WTO Agreement on Customs Valuation or the “Valuation Agreement”) ensures that determinations of the customs value for the application of duty rates to imported goods are conducted neutrally and uniformly, precluding the use of arbitrary or fictitious customs values.[5] 5
- 6. Agreement on Implementation of Article VII of GATT or the General Agreements of Tariff and Trade • The Agreement was negotiated during the Tokyo Round, but at that time its acceptance was voluntary. Adherence to the Agreement became mandatory as part of membership in the WTO subsequent to the Uruguay Round. The Agreement is administered by the WTO Committee on Customs Valuation, which holds two formal meetings a year. The Agreement also established a Technical Committee on Customs Valuation, which operates under the auspices of the World Customs Organization (WCO), to ensure, at the technical level, uniformity in the interpretation and application of the Agreement. The Technical Committee also meets twice a year. 6
- 7. Valuation System 7 A set of rules to determine dutiable value (DV) This only applies to articles subject to ad valorem duty
- 8. STANDARDS; THE SEQUENTIAL RULE FOR VALUATION • The primary method of determining the dutiable value of imported goods shall be Method One: TRANSACTION VALUE whenever the conditions prescribed for its use are fulfilled • However, if the Dutiable Value cannot be determined with the use of Method One, The following valuation methods shall be applied in sequential order. Method Two: Transaction Value of Identical Goods Method Three: The Transaction Value of Similar Goods Method Four: Deductive Value Method Five: Computed Value Method Six: Fallback Value 8
- 9. EXCEPTION TO THE SEQUENTIAL RULE • At the request of the importer the order of application of Methods Four and Method Five may be reversed; provided that the Commissioner of Customs agrees to such request taking into consideration that the reversal of the sequential order will not give rise to real difficulties for the BOC in determining the dutiable value under Method Five. • If the importer does not request that the order of Method Four and Method Five be reversed, the normal order of sequence shall be followed, But if the importer does so request but it then proves impossible to determine the dutiable value under the provision of Method Five, the dutiable value shall be determined under the provision of Method Four, if it can be so determined. 9
- 10. SEQUENTIAL METHODS OF VALUATION. METHOD ONE: TRANSACTION VALUE The price actually paid or payable is the total payment made or to be made by the buyer to or for the benefit of the seller for the imported goods, and includes all payments made as a condition of the sale of the imported goods by the buyer to the seller, or by the buyer to a third party to satisfy an obligation of the seller.
- 11. CONDITIONS TO BE FULFILLED FOR USING METHOD ONE • Evidence of sale • There must be evidence of a sale for export to the country of importation (i.e. commercial invoices, contracts, purchase orders, etc.). • No restriction on the disposition or use • There must be no restriction on the disposition or use of the goods by the buyer, other than restrictions which: — are imposed or required by law in the country of importation; — are limited to the geographic area in which the goods may be resold; 11
- 12. CONDITIONS TO BE FULFILLED FOR USING METHOD ONE • The sale or price must not be subject to conditions or considerations for which a value cannot be determined concerning the goods being valued. • the seller establishes the price of the imported goods on the condition that the buyer will also buy other goods in specified quantities; • the price of the imported goods is dependent upon the price or prices at which the buyer sells other goods to the seller; • the price is established based on a form of payment extraneous to the imported goods. 12
- 13. METHOD TWO: TRANSACTION VALUE OF IDENTICAL GOODS • The transaction value is calculated in the same manner on identical goods if the goods are: the same in all respects including physical characteristics, quality, and reputation; • produced in the same country as the goods being valued; • and produced by the producer of the goods being valued. 13 For this method to be used, the goods must be sold for export to the same country of importation as the goods being valued. The goods must also be exported at or about the same time as the goods being valued.
- 15. METHOD TWO EXCEPTIONS • Some exceptions are accepted — where there are no identical goods produced by the same person in the country of production of the goods being valued, identical goods produced by a different person in the same country may be taken into account. — minor differences in appearance would not preclude goods that otherwise conform to the definitions from being regarded as identical. The definition excludes imported goods that incorporate engineering, artwork, etc, provided by the buyer to the producer of goods free of charge or at a reduced cost, undertaken in the country of importation for which no adjustment has been made 15
- 16. METHOD THREE: TRANSACTION VALUE OF SIMILAR GOODS • The transaction value is calculated in the same manner on similar goods if: — goods closely resembling the goods being valued in terms of component materials and characteristics — goods that are capable of performing the same functions and are commercially interchangeable with the goods being valued — goods which are produced in the same country as and by the producer of the goods being valued. For this method to be used, the goods must be sold to the same country of importation as the goods being valued. The goods must be exported at or about the same time as the goods being valued. 16
- 18. METHOD FOUR: DEDUCTIVE VALUE • Deduction of value from the price of the greatest aggregate quantity sold • The Agreement provides that when customs value cannot be determined based on the transaction value of the imported goods or identical or similar goods, it will be determined based on the unit price at which the imported goods or identical or similar goods are sold to an unrelated buyer in the greatest aggregate quantity in the country of importation. The buyer and the seller in the importing country must not be related and the sale must take place at or about the time of importation of the goods being valued. If no sale took place at or about the time of importation, it is permitted to use sales up to 90 days after the importation of the goods being valued. 18
- 19. DEDUCTIONS FROM THE PRICE AT THE GREATEST AGGREGATE QUANTITY • Since the starting point in calculating deductive value is the sale price in the country of importation, various deductions are necessary to reduce that price to the relevant customs value: — commissions usually paid or agreed to be paid, the sum of profits and general expenses added in connection with sales must also be deducted; — the usual transport costs and corresponding insurance are to be deducted from the price of the goods when these costs are usually incurred within the country of importation; — the customs duties and other national taxes payable in the country of importation by reason of the importation or sale of the goods are also to be deducted; — value added by assembly or further processing, when applicable. 19
- 20. METHOD FIVE: COMPUTED VALUE • Definition: Production cost and profits and expenses • Computed value, the most difficult and rarely used method, determines the customs value based on the cost of production of the goods being valued, plus an amount for profit and general expenses usually reflected in sales from the country of exportation to the country of importation of goods of the same class or kind. 20
- 21. METHOD FIVE; THE COMPUTED VALUE IS THE SUM OF THE FF ELEMENTS • Production cost = value of materials and fabrication • The cost or value of materials and fabrication or other processing employed in producing the imported goods. Materials would include, for example, raw materials, such as lumber, steel, lead, clay textiles, etc.; costs to get the raw materials to the place of production; subassemblies, such as integrated circuits; and prefabricated components which will eventually be assembled. Fabrication would include the costs for labor, any costs for assembly when there is an assembly operation instead of a manufacturing process, and indirect costs such as factory supervision, plant maintenance, overtime, etc. Cost or value is to be determined based on information relating to the production of the goods being valued, supplied by or on behalf of the producer. If not included above, packing costs and charges, assistance, engineering work, artwork, etc. undertaken in the country of importation would be added. 21
- 22. METHOD FIVE; THE COMPUTED VALUE IS THE SUM OF THE FF ELEMENTS • Finally, other expenses should be added to the price such as the cost of transport of the imported goods to the port or place of importation, loading, unloading, and handling charges associated with the transport of the imported goods to the port or place of importation, and the cost of insurance. 22
- 23. METHOD FIVE; THE COMPUTED VALUE IS THE SUM OF THE FF ELEMENTS • Profit and general expenses • Profit and general expenses are usually reflected in export sales to the country of importation, by producers in the country of importation based on information supplied by the producer, of goods of the same class or kind. The latter phrase means goods that fall within a group or range of goods produced by a particular industry or industry sector and include identical or similar goods. The amount of profit and general expenses has to be taken as a whole (i.e. the sum of the two). General expenses could include rent, electricity, water, legal fees, etc. 23
- 24. METHOD SIX: FALLBACK METHOD • Customs value determination based on “reasonable means consistent with the principles and general provisions of the Agreement, Article VII GATT and based on available data”. • When the customs value cannot be determined under any of the previous methods, it may be determined using reasonable means consistent with the principles and general provisions of the Agreement and of Article VII of GATT, and based on data available in the country of importation. To the greatest extent possible, this method should be based on previously determined values and methods with a reasonable degree of flexibility in their application. 24
- 25. METHOD SIX: FALLBACK METHOD • Under the FALLBACK METHOD, the customs value must not be based on: — the selling price of goods in the country of importation (i.e. the sale price of goods manufactured in the importing country); — a system that provides for the acceptance for customs purposes of the higher of two alternative values (the lowest should be used); — the price of goods on the domestic market of the country of exportation (valuation on this basis would go against the principle in the Preamble that “valuation procedures should not be used to combat dumping”); — the cost of production other than computed values which have been determined for identical or similar goods (valuation must be arrived at based on data available in the country of importation); 25
- 26. METHOD SIX: FALLBACK METHOD — the price of goods for export to a third country (two export markets are always to be treated as separate and the price to one should not control the customs value in the other); — minimum customs value (unless a developing country has taken the exception which allows for use of minimum values); — arbitrary or fictitious values (these prohibitions are aimed at systems which do not base their values on what happens in fact in the marketplace, as reflected in actual prices, in actual sales, and in actual costs, reason of the importation or sale of the goods are also to be deducted; 26
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