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8/9/2019 Art7.WTO
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Custom valuation
8/9/2019 Art7.WTO
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Custom duties
Specific and ad valorem customs duties
In case of a specific duty, a concrete sum is
charged for a quantitative description of the
good
In contrast, an ad valorem duty depends on
the value of a good
Basics to know custom
valuation
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CUSTOM VALUATION
Customs valuation is a customs procedure
applied to determine the customs value of
imported goods If the rate of duty is ad valorem, the
customs value is essential to determine the
duty to be paid on an imported good.
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History of Agrmnt on
customs valuation Article VII of GATT 1!"
general principles for an international system
of valuation. The To#yo $ound Code
transaction value%
The &T' Agreement on Implementation of
Article VII of GATT 1! (Customs Valuation
Agreement)
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!"at #os t" Agrmnt #o$
*rovides uniformity and certainty
Transparency and consistency
+eutral system for valuation of goods
asis should be the transaction value
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Customs valuation mt"o#s
*rimary basis for customs value is -transaction value%
of the goods sold
If customs value cannot be determined on the basis of
transaction value of the goods, alternative methods are provided
//transaction value of identical goods
//transaction value of similar goods
//deductive value //computed value
//%fall/bac#% method
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Transaction valu
Price actually paid or payable for the
goods 0hen sold for eport to the country
of importation ad2usted in accordance 0ith
the provisions of Article 3 of the Agreement
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Transaction valu%%con#itions
1 / no restriction on the disposition or use
of the goods by the buyer, other than
//imposed or required by la0 or public authorities in thecountry of importation
//limiting the geographical area in 0hich the goods may
be resold do not substantially affect the value of the goods
4 / no part of the proceeds will accrue tothe seller, unless ad2ustment is made
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Transaction valu of i#ntical
or similar goo#s If transaction value of goods sold cannot be
used for valuation,
1. Transaction value of identical goods
4. Transaction value of similar goods
Conditions for use
//the goods must be sold to the same country of
importation as the goods being valued
//the goods must be eported at or about the same times
as the goods being valued
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)#uctiv an# com*ut#
valu If transaction value for the goods, or for
identical or similar goods cannot be used,
/ 6eductive value
/ Computed value
the importer has the right to choose the order
of application of the t0o methods
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+,all%-ack. mt"o# If none of the previous methods can be used, value can
be determined using reasonable means consistent withthe principles and general provisions of the
Agreement and of Article VII of GATT 1! In this method, value must not be based on /selling price of goods in country of importation
/higher of t0o alternative values
/price of goods on domestic mar#et of eporting country
/cost of production other than computed values for identical or
similar goods
/price of goods for eport to a third country
/minimum customs value
/arbitrary or fictitious values
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S*cial an# )iffrntial
Tratmnt Transition periods for developing countries
7ive year delayed implementation for
developing countries not parties to the To#yo
$ound Code
Three years for the application of the
computed value method
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Im*lmntation Situation
89 6eveloping Countries originally requested the 8/yeardelay period (Art. 4:.1)
45 are still under the delay period, have been granted an
etension, or are in the process of requesting an etension
3 have implemented
48 have not notified nor as#ed for an etension, thus the
situation is unclear
An additional 4! have not notified the delay, nor legislation.
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Ot"r )lays or /srvations&ith respect to Computed values
!" ;embers have made such a notification
&ith respect to ;inimum values
13 ;embers have made such a notification
&ith respect to the right of the importer to choose bet0een deducted and computed value
85 ;embers have made such a notification
&ith respect to certain aspects of using thedeductive valuation method
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T" 0n#
Than# you