The agreement gives customs administrations the right to request additional information from importers if they have reason to doubt the accuracy of the declared value of imported goods. If, despite additional information, the administration has reasonable doubts, it can be assumed that the customs value of the imported goods cannot be determined on the basis of the declared value and that customs should determine the value taking into account the provisions of the Agreement. [4] The General Agreement on Tariffs and Trade entered into force on January 1, 1948. This brochure contains the full text of the General Agreement and all amendments that have entered into force since its entry into force. The text is identical to that published since 1969 as Volume IV of the series “Basic Acts and Selected Documents”. A guide to the legal sources of the provisions of the Agreement is set out in the Annex. The Secretariat has prepared and published an analytical index containing notes on the drafting, interpretation and application of the articles of the Agreement. A second publication that completes it contains the text of the agreements concluded following the multilateral trade negotiations of the Tokyo Round (1973-1979). Compliance with the valuation agreement is important for U.S. exporters, particularly to ensure that market access opportunities obtained through tariff reductions are not compromised or offset by unjustified and inappropriate “increases” in the value for duty of goods subject to customs duties.
The use of arbitrary and inappropriate “increases” in the valuation of goods by importing countries when applying tariffs can lead to an unjustified doubling or tripling of tariffs. 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” (p.B. business partner, employer, employee, officer or director of each other`s business. Since the product in question cannot be classified in accordance with the customs tariff legislation of that Party in order to permit the treatment provided for in this Agreement, both Parties, together with all other Contracting Parties which are substantially interested, shall immediately enter into further negotiations with a view to compensating for the matter. According to the agreement, the customs authorities can only add the following to the transaction value of a good – other supplements are not allowed: for cases where it is not possible 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. Customs value is the process by which customs authorities assign a monetary value to a good or service for import or export purposes. In general, the authorities are involved in this process to protect tariff concessions, collect revenue for the government agency, implement trade policy, and protect public health and safety. Tariffs and the need for customs valuation have existed for thousands of years in different cultures, with evidence of their use in the Roman Empire, Han Dynasty and Indian subcontinent. The first recorded tariff dates back to 136 in Palmyra, an oasis city in the Syrian desert. [1] Towards the end of the 20th century, customs valuation procedures used in most parts of the world were codified in the Agreement implementing Article VII of the General Agreement on Tariffs and Trade (GATT) 1994. [2] An important part of the work of the Committee on Customs Valuation in support of the provisions of the Agreement is the examination of the modalities of application of the Members. As of October 2008, 80 members had notified their national customs valuation legislation (this figure does not include the 27 individual EU members); 46 members, mostly least developed countries (LDCs) or recently acceding countries, have not yet notified their national customs valuation legislation. . the conditions, conditions or conditions laid down in this list shall be exempt from the normal duties in excess of those provided for and provided for in Part II of this timetable.
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