08 Apr 2021

Article 8 Wto Customs Valuation Agreement

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Considering that there is a need for a fair, uniform and neutral system for the valuation of goods for customs purposes, which excludes the use of arbitrary or fictitious customs values; The agreement provides for the creation of a customs value assessment committee, made up of representatives from each member, to allow members to consult on issues relating to a member`s management of the customs assessment system or the promotion of the objectives of the agreement. Article VII of the GATT defines customs assessment requirements and applies to all members of the World Trade Organization. The Agreement on the Implementation of Article VII (known as the WTO Customs Assessment Agreement or “Assessment Agreement”) ensures that customs value investigations for the application of duties to imported products are neutral and uniform, which excludes the use of arbitrary or fictitious customs values. [3] [Customs Assessment Rules – Corrections (complements and exclusions) of the transaction value covered by Article 1] Any information that is by nature confidential or that is provided confidentially for customs assessment purposes is treated strictly confidentially by the relevant authorities who do not provide it without the express permission of the person or government providing such information. unless it may be necessary to be disclosed in the course of a court proceeding. 2. In the development of its legislation, each member must provide for the total or partial incorporation of the customs value into the customs value, or with the exception of that: 4. The price actually paid or payable when determining the customs value is not paid, except as stipulated in this article. The calculated value, the most difficult and most rarely used method, determines the customs value on the basis of the cost of production of the goods to be assessed, plus an amount for general profit and expenditure, which is generally reflected in the export country`s sales to the country of import of goods of the same category or type. The calculated value is the sum of the following: 2. If the customs value cannot be determined in accordance with Article 1, there should normally be a consultation procedure between the customs administration and the importer in order to obtain a value base in accordance with Articles 2 or 3. The importer.B may have information on the customs value of identical or similar imported goods that are not immediately available to the customs administration of the import port. On the other hand, the customs administration may have information on the customs value of identical or similar imported goods that are not readily available to the importer.

A consultation procedure between the two parties will allow for the exchange of information within the framework of the requirements of business secrecy, in order to establish an appropriate value base for customs purposes. The agreement provides that, if the customs value cannot be determined on the basis of the transaction value of the identical or similar imported goods or goods, the customs value is determined on the basis of the unit price at which identical or similar imported goods are sold to an independent buyer in the largest total quantity of the import country.

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