AGREEMENT ON IMPLEMENTATION OF ARTICLE VII OF GATT 1994
GENERAL INTRODUCTORY COMMENTARY
1. The primary basis for customs value under this Agreement is "transaction value" as defined in Article 1. Article 1 is to be read together with Article 8 which provides, inter alia, for adjustments to the
price actually paid or payable in cases where certain specific elements which are considered to form a part of the value for customs purposes are incurred by the buyer but are not included in the price actually paid or payable for the imported goods. Article 8 also provides for the inclusion in the transaction value of certain considerations which may pass from the buyer to the seller in the form of specified goods or services rather than in the form of money. Articles 2 through 7 provide methods of determining
the customs value whenever it cannot be determined under the provisions of Article 1.
2. Where the customs value cannot be determined under the provisions of Article 1 there should normally be a process of consultation between the customs administration and importer with a view to arriving at a basis of value under the provisions of Article 2 or 3. It may occur, for example, that the importer has information about the customs value of identical or similar imported goods which is not immediately available to the customs administration in the port of importation. On the other hand, the customs
administration may have information about the customs value of identical or similar imported goods which is not readily available to the importer.
A process of consultation between the two parties will enable information to be exchanged, subject to the requirements of commercial confidentiality, with a view to determining a proper basis of value for
customs purposes.
3. Articles 5 and 6 provide two bases for determining 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. Under paragraph 1 of Article 5 the customs value is determined on the basis of the price at which the goods are sold in the condition as imported to an unrelated buyer in the country of importation. The importer also has the right to have goods which are further processed after importation valued under the
provisions of Article 5 if the importer so requests. Under Article 6 the customs value is determined on the basis of the computed value. Both these methods present certain difficulties and because of this the importer is given the right, under the provisions of Article 4, to choose the order of application of the two methods.
4. Article 7 sets out how to determine the customs value in cases where it cannot be determined under the provisions of any of the preceding
Articles.
Members,
Having regard to the Multilateral Trade Negotiations;
Desiring to further the objectives of GATT 1994 and to secure additional benefits for the international trade of developing countries;
Recognizing the importance of the provisions of Article VII of GATT 1994 and desiring to elaborate rules for their application in order to provide greater uniformity and certainty in their implementation;
Recognizing the need for a fair, uniform and neutral system for the valuation of goods for customs purposes that precludes the use of arbitrary or fictitious customs values;
Recognizing that the basis for valuation of goods for customs purposes should, to the greatest extent possible, be the transaction value of the goods being valued;
Recognizing that customs value should be based on simple and equitable criteria consistent with commercial practices and that valuation procedures should be of general application without distinction between
sources of supply;
Recognizing that valuation procedures should not be used to combat dumping;
Hereby agree as follows:
PART I RULES ON CUSTOMS VALUATION
Article 1
1. The customs value of imported goods shall be the transaction value, that is the price actually paid or payable for the goods when sold for export to the country of importation adjusted in accordance with the
provisions of Article 8, provided:
(a) that there are no restrictions as to the disposition or use of the
goods by the buyer other than restrictions which:
(i) are imposed or required by law or by the public authorities in the
country of importation;
(ii) limit the geographical area in which the goods may be resold; or
(iii) do not substantially affect the value of the goods;
(b) that the sale or price is not subject to some condition or
consideration for which a value cannot be determined with respect to the
goods being valued;
(c) that no part of the proceeds of any subsequent resale, disposal or use
of the goods by the buyer will accrue directly or indirectly to the
seller, unless an appropriate adjustment can be made in accordance with
the provisions of Article 8; and
(d) that the buyer and seller are not related, or where the buyer and
seller are related, that the transaction value is acceptable for customs
purposes under the provisions of paragraph 2.
2. (a) In determining whether the transaction value is acceptable for the
purposes of paragraph 1, the fact that the buyer and the seller are
related within the meaning of Article 15 shall not in itself be grounds
for regarding the transaction value as unacceptable. In such case the
circumstances surrounding the sale shall be examined and the transaction
value shall be accepted provided that the relationship did not influence
the price. If, in the light of information provided by the importer or
otherwise, the customs administration has grounds for considering that the
relationship influenced the price, it shall communicate its grounds to the
importer and the importer shall be given a reasonable opportunity to
respond. If the importer so requests, the communication of the grounds
shall be in writing.
(b) In a sale between related persons, the transaction value shall be
accepted and the goods valued in accordance with the provisions of
paragraph 1 whenever the importer demonstrates that such value closely
approximates to one of the following occurring at or about the same time:
(i) the transaction value in sales to unrelated buyers of identical or
similar goods for export to the same country of importation;
(ii) the customs value of identical or similar goods as determined under
the provisions of Article 5;
(iii) the customs value of identical or similar goods as determined under
the provisions of Article 6;
In applying the foregoing tests, due account shall be taken of
demonstrated differences in commercial levels, quantity levels, the
elements enumerated in Article 8 and costs incurred by the seller in sales
in which the seller and the buyer are not related that are not incurred by
the seller in sales in which the seller and the buyer are related.
(c) The tests set forth in paragraph 2(b) are to be used at the initiative
of the importer and only for comparison purposes. Substitute values may
not be established under the provisions of paragraph 2(b).
Article 2
1. (a) If the customs value of the imported goods cannot be determined
under the provisions of Article 1, the customs value shall be the
transaction value of identical goods sold for export to the same country
of importation and exported at or about the same time as the goods being
valued.
(b) In applying this Article, the transaction value of identical goods in
a sale at the same commercial level and in substantially the same quantity
as the goods being valued shall be used to determine the customs value.
Where no such sale is found, the transaction value of identical goods sold
at a different commercial level and/or in different quantities, adjusted
to take account of differences attributable to commercial level and/or to
quantity, shall be used, provided that such adjustments can be made on the
basis of demonstrated evidence which clearly establishes the
reasonableness and accuracy of the adjustment, whether the adjustment
leads to an increase or a decrease in the value.
2. Where the costs and charges referred to in paragraph 2 of Article 8 are
included in the transaction value, an adjustment shall be made to take
account of significant differences in such costs and charges between the
imported goods and the identical goods in question arising from
differences in distances and modes of transport.
3. If, in applying this Article, more than one transaction value of
identical goods is found, the lowest such value shall be used to determine
the customs value of the imported goods.
Article 3
1. (a) If the customs value of the imported goods cannot be determined
under the provisions of Articles 1 and 2, the customs value shall be the
transaction value of similar goods sold for export to the same country of
importation and exported at or about the same time as the goods being
valued.
(b) In applying this Article, the transaction value of similar goods in a
sale at the same commercial level and in substantially the same quantity
as the goods being valued shall be used to determine the customs value.
Where no such sale is found, the transaction value of similar goods sold
at a different commercial level and/or in different quantities, adjusted
to take account of differences attributable to commercial level and/or to
quantity, shall be used, provided that such adjustments can be made on the
basis of demonstrated evidence which clearly establishes the
reasonableness and accuracy of the adjustment, whether the adjustment
leads to an increase or a decrease in the value.
2. Where the costs and charges referred to in paragraph 2 of Article 8 are
included in the transaction value, an adjustment shall be made to take
account of significant differences in such costs and charges between the
imported goods and the similar goods in question arising from differences
in distances and modes of transport.
3. If, in applying this Article, more than one transaction value of
similar goods is found, the lowest such value shall be used to determine
the customs value of the imported goods.
Article 4
If the customs value of the imported goods cannot be determined under the
provisions of Articles 1, 2 and 3, the customs value shall be determined
under the provisions of Article 5 or, when the customs value cannot be
determined under that Article, under the provisions of Article 6 except
that, at the request of the importer, the order of application of Articles
5 and 6 shall be reversed.
Article 5
1. (a) If the imported goods or identical or similar imported goods are
sold in the country of importation in the condition as imported, the
customs value of the imported goods under the provisions of this Article
shall be based on the unit price at which the imported goods or identical
or similar imported goods are so sold in the greatest aggregate quantity,
at or about the time of the importation of the goods being valued, to
persons who are not related to the persons from whom they buy such goods,
subject to deductions for the following:
(i) either the commissions usually paid or agreed to be paid or the
additions usually made for profit and general expenses in connection with
sales in such country of imported goods of the same class or kind;
(ii) the usual costs of transport and insurance and associated costs
incurred within the country of importation;
(iii) where appropriate, the costs and charges referred to in paragraph 2
of Article 8; and
(iv) the customs duties and other national taxes payable in the country of
importation by reason of the importation or sale of the goods.
(b) If neither the imported goods nor identical nor similar imported goods
are sold at or about the time of importation of the goods being valued,
the customs value shall, subject otherwise to the provisions of paragraph
1(a), be based on the unit price at which the imported goods or identical
or similar imported goods are sold in the country of importation in the
condition as imported at the earliest date after the importation of the
goods being valued but before the expiration of 90 days after such
importation.
2. If neither the imported goods nor identical nor similar imported goods
are sold in the country of importation in the condition as imported, then,
if the importer so requests, the customs value shall be based on the unit
price at which the imported goods, after further processing, are sold in
the greatest aggregate quantity to persons in the country of importation
who are not related to the persons from whom they buy such goods, due
allowance being made for the value added by such processing and the
deductions provided for in paragraph 1(a).
Article 6
1. The customs value of imported goods under the provisions of this
Article shall be based on a computed value. Computed value shall consist
of the sum of:
(a) the cost or value of materials and fabrication or other processing
employed in producing the imported goods;
(b) an amount for profit and general expenses equal to that usually
reflected in sales of goods of the same class or kind as the goods being
valued which are made by producers in the country of exportation for
export to the country of importation;
(c) the cost or value of all other expenses necessary to reflect the
valuation option chosen by the Member under paragraph 2 of Article 8.
2. No Member may require or compel any person not resident in its own
territory to produce for examination, or to allow access to, any account
or other record for the purposes of determining a computed value. However,
information supplied by the producer of the goods for the purposes of
determining the customs value under the provisions of this Article may be
verified in another country by the authorities of the country of
importation with the agreement of the producer and provided they give
sufficient advance notice to the government of the country in question and
the latter does not object to the investigation.
Article 7
1. If the customs value of the imported goods cannot be determined under
the provisions of Articles 1 through 6, inclusive, the customs value shall
be determined using reasonable means consistent with the principles and
general provisions of this Agreement and of Article VII of GATT 1994 and
on the basis of data available in the country of importation.
2. No customs value shall be determined under the provisions of this
Article on the basis of:
(a) the selling price in the country of importation of goods produced in
such country;
(b) a system which provides for the acceptance for customs purposes of the
higher of two alternative values;
(c) the price of goods on the domestic market of the country of
exportation;
(d) the cost of production other than computed values which have been
determined for identical or similar goods in accordance with the
provisions of Article 6;
(e) the price of the goods for export to a country other than the country
of importation;
(f) minimum customs values; or
(g) arbitrary or fictitious values.
3. If the importer so requests, the importer shall be informed in writing
of the customs value determined under the provisions of this Article and
the method used to determine such value.
Article 8
1. In determining the customs value under the provisions of Article 1,
there shall be added to the price actually paid or payable for the
imported goods:
(a) the following, to the extent that they are incurred by the buyer but
are not included in the price actually paid or payable for the goods:
(i) commissions and brokerage, except buying commissions;
(ii) the cost of containers which are treated as being one for customs
purposes with the goods in question;
(iii) the cost of packing whether for labour or materials;
(b) the value, apportioned as appropriate, of the following goods and
services where supplied directly or indirectly by the buyer free of charge
or at reduced cost for use in connection with the production and sale for
export of the imported goods, to the extent that such value has not been
included in the price actually paid or payable:
(i) materials, components, parts and similar items incorporated in the
imported goods;
(ii) tools, dies, moulds and similar items used in the production of the
imported goods;
(iii) materials consumed in the production of the imported goods;
(iv) engineering, development, artwork, design work, and plans and
sketches undertaken elsewhere than in the country of importation and
necessary for the production of the imported goods;
(c) royalties and licence fees related to the goods being valued that the
buyer must pay, either directly or indirectly, as a condition of sale of
the goods being valued, to the extent that such royalties and fees are not
included in the price actually paid or payable;
(d) the value of any part of the proceeds of any subsequent resale,
disposal or use of the imported goods that accrues directly or indirectly
to the seller.
2. In framing its legislation, each Member shall provide for the inclusion
in or the exclusion from the customs value, in whole or in part, of the
following:
(a) the cost of transport of the imported goods to the port or place of
importation;
(b) loading, unloading and handling charges associated with the transport
of the imported goods to the port or place of importation; and
(c) the cost of insurance.
3. Additions to the price actually paid or payable shall be made under
this Article only on the basis of objective and quantifiable data.
4. No additions shall be made to the price actually paid or payable in
determining the customs value except as provided in this Article.
Article 9
1. Where the conversion of currency is necessary for the determination of
the customs value, the rate of exchange to be used shall be that duly
published by the competent authorities of the country of importation
concerned and shall reflect as effectively as possible, in respect of the
period covered by each such document of publication, the current value of
such currency in commercial transactions in terms of the currency of the
country of importation.
2. The conversion rate to be used shall be that in effect at the time of
exportation or the time of importation, as provided by each Member.
Article 10
All information which is by nature confidential or which is provided on a
confidential basis for the purposes of customs valuation shall be treated
as strictly confidential by the authorities concerned who shall not
disclose it without the specific permission of the person or government
providing such information, except to the extent that it may be required
to be disclosed in the context of judicial proceedings.
Article 11
1. The legislation of each Member shall provide in regard to a
determination of customs value for the right of appeal, without penalty,
by the importer or any other person liable for the payment of the duty.
2. An initial right of appeal without penalty may be to an authority
within the customs administration or to an independent body, but the
legislation of each Member shall provide for the right of appeal without
penalty to a judicial authority.
3. Notice of the decision on appeal shall be given to the appellant and
the reasons for such decision shall be provided in writing. The appellant
shall also be informed of any rights of further appeal.
Article 12
Laws, regulations, judicial decisions and administrative rulings of
general application giving effect to this Agreement shall be published in
conformity with Article X of GATT 1994 by the country of importation
concerned.
Article 13
If, in the course of determining the customs value of imported goods, it
becomes necessary to delay the final determination of such customs value,
the importer of the goods shall nevertheless be able to withdraw them from
customs if, where so required, the importer provides sufficient guarantee
in the form of a surety, a deposit or some other appropriate instrument,
covering the ultimate payment of customs duties for which the goods may be
liable. The legislation of each Member shall make provisions for such
circumstances.
Article 14
The notes at Annex I to this Agreement form an integral part of this
Agreement and the Articles of this Agreement are to be read and applied in
conjunction with their respective notes. Annexes II and III also form an
integral part of this Agreement.
Article 15
1. In this Agreement:
(a) "customs value of imported goods" means the value of goods for the
purposes of levying ad valorem duties of customs on imported goods;
(b) "country of importation" means country or customs territory of
importation; and
(c) "produced" includes grown, manufactured and mined.
2. In this Agreement:
(a) "identical goods" means goods which are the same in all respects,
including physical characteristics, quality and reputation. Minor
differences in appearance would not preclude goods otherwise conforming to
the definition from being regarded as identical;
(b) "similar goods" means goods which, although not alike in all respects,
have like characteristics and like component materials which enable them
to perform the same functions and to be commercially interchangeable. The
quality of the goods, their reputation and the existence of a trademark
are among the factors to be considered in determining whether goods are
similar;
(c) the terms "identical goods" and "similar goods" do not include, as the
case may be, goods which incorporate or reflect engineering, development,
artwork, design work, and plans and sketches for which no adjustment has
been made under paragraph 1(b)(iv) of Article 8 because such elements were
undertaken in the country of importation;
(d) goods shall not be regarded as "identical goods" or "similar goods"
unless they were produced in the same country as the goods being valued;
(e) goods produced by a different person shall be taken into account only
when there are no identical goods or similar goods, as the case may be,
produced by the same person as the goods being valued.
3. In this Agreement "goods of the same class or kind" means goods which
fall within a group or range of goods produced by a particular industry or
industry sector, and includes identical or similar goods.
4. For the purposes of this Agreement, persons shall be deemed to be
related only if:
(a) they are officers or directors of one another's businesses;
(b) they are legally recognized partners in business;
(c) they are employer and employee;
(d) any person directly or indirectly owns, controls or holds 5 per cent
or more of the outstanding voting stock or shares of both of them;
(e) one of them directly or indirectly controls the other;
(f) both of them are directly or indirectly controlled by a third person;
(g) together they directly or indirectly control a third person; or
(h) they are members of the same family.
5. Persons who are associated in business with one another in that one is
the sole agent, sole distributor or sole concessionaire, however
described, of the other shall be deemed to be related for the purposes of
this Agreement if they fall within the criteria of paragraph 4.
Article 16
Upon written request, the importer shall have the right to an explanation
in writing from the customs administration of the country of importation
as to how the customs value of the importer's goods was determined.
Article 17
Nothing in this Agreement shall be construed as restricting or calling
into question the rights of customs administrations to satisfy themselves
as to the truth or accuracy of any statement, document or declaration
presented for customs valuation purposes.
PART II - ADMINISTRATION, CONSULTATIONS AND DISPUTE SETTLEMENT
Article 18 - Institutions
1. There is hereby established a Committee on Customs Valuation (referred
to in this Agreement as "the Committee") composed of representatives from
each of the Members. The Committee shall elect its own Chairman and shall
normally meet once a year, or as is otherwise envisaged by the relevant
provisions of this Agreement, for the purpose of affording Members the
opportunity to consult on matters relating to the administration of the
customs valuation system by any Member as it might affect the operation of
this Agreement or the furtherance of its objectives and carrying out such
other responsibilities as may be assigned to it by the Members. The WTO
Secretariat shall act as the secretariat to the Committee.
2. There shall be established a Technical Committee on Customs Valuation
(referred to in this Agreement as "the Technical Committee") under the
auspices of the Customs Co-operation Council (referred to in this
Agreement as "the CCC"), which shall carry out the responsibilities
described in Annex II to this Agreement and shall operate in accordance
with the rules of procedure contained therein.
Article 19 - Consultations and Dispute Settlement
1. Except as otherwise provided herein, the Dispute Settlement
Understanding is applicable to consultations and the settlement of
disputes under this Agreement.
2. If any Member considers that any benefit accruing to it, directly or
indirectly, under this Agreement is being nullified or impaired, or that
the achievement of any objective of this Agreement is being impeded, as a
result of the actions of another Member or of other Members, it may, with
a view to reaching a mutually satisfactory solution of this matter,
request consultations with the Member or Members in question. Each Member
shall afford sympathetic consideration to any request from another Member
for consultations.
3. The Technical Committee shall provide, upon request, advice and
assistance to Members engaged in consultations.
4. At the request of a party to the dispute, or on its own initiative, a
panel established to examine a dispute relating to the provisions of this
Agreement may request the Technical Committee to carry out an examination
of any questions requiring technical consideration. The panel shall
determine the terms of reference of the Technical Committee for the
particular dispute and set a time period for receipt of the report of the
Technical Committee. The panel shall take into consideration the report of
the Technical Committee. In the event that the Technical Committee is
unable to reach consensus on a matter referred to it pursuant to this
paragraph, the panel should afford the parties to the dispute an
opportunity to present their views on the matter to the panel.
5. Confidential information provided to the panel shall not be disclosed
without formal authorization from the person, body or authority providing
such information. Where such information is requested from the panel but
release of such information by the panel is not authorized, a
non-confidential summary of this information, authorized by the person,
body or authority providing the information, shall be provided.
PART III - SPECIAL AND DIFFERENTIAL TREATMENT
Article 20
1. Developing country Members not party to the Agreement on Implementation
of Article VII of the General Agreement on Tariffs and Trade done on 12
April 1979 may delay application of the provisions of this Agreement for a
period not exceeding five years from the date of entry into force of the
WTO Agreement for such Members. Developing country Members who choose to
delay application of this Agreement shall notify the Director-General of
the WTO accordingly.
2. In addition to paragraph 1, developing country Members not party to the
Agreement on Implementation of Article VII of the General Agreement on
Tariffs and Trade done on 12 April 1979 may delay application of paragraph
2(b)(iii) of Article 1 and Article 6 for a period not exceeding three
years following their application of all other provisions of this
Agreement. Developing country Members that choose to delay application of
the provisions specified in this paragraph shall notify the
Director-General of the WTO accordingly.
3. Developed country Members shall furnish, on mutually agreed terms,
technical assistance to developing country Members that so request. On
this basis developed country Members shall draw up programmes of technical
assistance which may include, inter alia, training of personnel,
assistance in preparing implementation measures, access to sources of
information regarding customs valuation methodology, and advice on the
application of the provisions of this Agreement.
PART IV - FINAL PROVISIONS
Article 21 - Reservations
Reservations may not be entered in respect of any of the provisions of
this Agreement without the consent of the other Members.
Article 22 - National Legislation
1. Each Member shall ensure, not later than the date of application of the
provisions of this Agreement for it, the conformity of its laws,
regulations and administrative procedures with the provisions of this
Agreement.
2. Each Member shall inform the Committee of any changes in its laws and
regulations relevant to this Agreement and in the administration of such
laws and regulations.
Article 23 - Review
The Committee shall review annually the implementation and operation of
this Agreement taking into account the objectives thereof. The Committee
shall annually inform the Council for Trade in Goods of developments
during the period covered by such reviews.
Article 24 - Secretariat
This Agreement shall be serviced by the WTO Secretariat except in regard
to those responsibilities specifically assigned to the Technical
Committee, which will be serviced by the CCC Secretariat.
ANNEX I - INTERPRETATIVE NOTES
General Note
Sequential Application of Valuation Methods
1. Articles 1 through 7 define how the customs value of imported goods is
to be determined under the provisions of this Agreement. The methods of
valuation are set out in a sequential order of application. The primary
method for customs valuation is defined in Article 1 and imported goods
are to be valued in accordance with the provisions of this Article
whenever the conditions prescribed therein are fulfilled.
2. Where the customs value cannot be determined under the provisions of
Article 1, it is to be determined by proceeding sequentially through the
succeeding Articles to the first such Article under which the customs
value can be determined. Except as provided in Article 4, it is only when
the customs value cannot be determined under the provisions of a
particular Article that the provisions of the next Article in the sequence
can be used.
3. If the importer does not request that the order of Articles 5 and 6 be
reversed, the normal order of the sequence is to be followed. If the
importer does so request but it then proves impossible to determine the
customs value under the provisions of Article 6, the customs value is to
be determined under the provisions of Article 5, if it can be so
determined.
4. Where the customs value cannot be determined under the provisions of
Articles 1 through 6 it is to be determined under the provisions of
Article 7.
Use of Generally Accepted Accounting Principles
1. "Generally accepted accounting principles" refers to the recognized
consensus or substantial authoritative support within a country at a
particular time as to which economic resources and obligations should be
recorded as assets and liabilities, which changes in assets and
liabilities should be recorded, how the assets and liabilities and changes
in them should be measured, what information should be disclosed and how
it should be disclosed, and which financial statements should be prepared.
These standards may be broad guidelines of general application as well as
detailed practices and procedures.
2. For the purposes of this Agreement, the customs administration of each
Member shall utilize information prepared in a manner consistent with
generally accepted accounting principles in the country which is
appropriate for the Article in question. For example, the determination of
usual profit and general expenses under the provisions of Article 5 would
be carried out utilizing information prepared in a manner consistent with
generally accepted accounting principles of the country of importation. On
the other hand, the determination of usual profit and general expenses
under the provisions of Article 6 would be carried out utilizing
information prepared in a manner consistent with generally accepted
accounting principles of the country of production. As a further example,
the determination of an element provided for in paragraph 1(b)(ii) of
Article 8 undertaken in the country of importation would be carried out
utilizing information in a manner consistent with the generally accepted
accounting principles of that country.
Note to Article 1
Price Actually Paid or Payable
1. 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. The payment need not necessarily take the form of a transfer of
money. Payment may be made by way of letters of credit or negotiable
instruments. Payment may be made directly or indirectly. An example of an
indirect payment would be the settlement by the buyer, whether in whole or
in part, of a debt owed by the seller.
2. Activities undertaken by the buyer on the buyer's own account, other
than those for which an adjustment is provided in Article 8, are not
considered to be an indirect payment to the seller, even though they might
be regarded as of benefit to the seller. The costs of such activities
shall not, therefore, be added to the price actually paid or payable in
determining the customs value.
3. The customs value shall not include the following charges or costs,
provided that they are distinguished from the price actually paid or
payable for the imported goods:
(a) charges for construction, erection, assembly, maintenance or technical
assistance, undertaken after importation on imported goods such as
industrial plant, machinery or equipment;
(b) the cost of transport after importation;
(c) duties and taxes of the country of importation.
4. The price actually paid or payable refers to the price for the imported
goods. Thus the flow of dividends or other payments from the buyer to the
seller that do not relate to the imported goods are not part of the
customs value.
Paragraph 1(a)(iii)
Among restrictions which would not render a price actually paid or payable
unacceptable are restrictions which do not substantially affect the value
of the goods. An example of such restrictions would be the case where a
seller requires a buyer of automobiles not to sell or exhibit them prior
to a fixed date which represents the beginning of a model year.
Paragraph 1(b)
1. If the sale or price is subject to some condition or consideration for
which a value cannot be determined with respect to the goods being valued,
the transaction value shall not be acceptable for customs purposes. Some
examples of this include:
(a) the seller establishes the price of the imported goods on condition
that the buyer will also buy other goods in specified quantities;
(b) the price of the imported goods is dependent upon the price or prices
at which the buyer of the imported goods sells other goods to the seller
of the imported goods;
(c) the price is established on the basis of a form of payment extraneous
to the imported goods, such as where the imported goods are semi-finished
goods which have been provided by the seller on condition that the seller
will receive a specified quantity of the finished goods.
2. However, conditions or considerations relating to the production or
marketing of the imported goods shall not result in rejection of the
transaction value. For example, the fact that the buyer furnishes the
seller with engineering and plans undertaken in the country of importation
shall not result in rejection of the transaction value for the purposes of
Article 1. Likewise, if the buyer undertakes on the buyer's own account,
even though by agreement with the seller, activities relating to the
marketing of the imported goods, the value of these activities is not part
of the customs value nor shall such activities result in rejection of the
transaction value.
Paragraph 2
1. Paragraphs 2(a) and 2(b) provide different means of establishing the
acceptability of a transaction value.
2. Paragraph 2(a) provides that where the buyer and the seller are
related, the circumstances surrounding the sale shall be examined and the
transaction value shall be accepted as the customs value provided that the
relationship did not influence the price. It is not intended that there
should be an examination of the circumstances in all cases where the buyer
and the seller are related. Such examination will only be required where
there are doubts about the acceptability of the price. Where the customs
administration have no doubts about the acceptability of the price, it
should be accepted without requesting further information from the
importer. For example, the customs administration may have previously
examined the relationship, or it may already have detailed information
concerning the buyer and the seller, and may already be satisfied from
such examination or information that the relationship did not influence
the price.
3. Where the customs administration is unable to accept the transaction
value without further inquiry, it should give the importer an opportunity
to supply such further detailed information as may be necessary to enable
it to examine the circumstances surrounding the sale. In this context, the
customs administration should be prepared to examine relevant aspects of
the transaction, including the way in which the buyer and seller organize
their commercial relations and the way in which the price in question was
arrived at, in order to determine whether the relationship influenced the
price. Where it can be shown that the buyer and seller, although related
under the provisions of Article 15, buy from and sell to each other as if
they were not related, this would demonstrate that the price had not been
influenced by the relationship. As an example of this, if the price had
been settled in a manner consistent with the normal pricing practices of
the industry in question or with the way the seller settles prices for
sales to buyers who are not related to the seller, this would demonstrate
that the price had not been influenced by the relationship. As a further
example, where it is shown that the price is adequate to ensure recovery
of all costs plus a profit which is representative of the firm's overall
profit realized over a representative period of time (e.g. on an annual
basis) in sales of goods of the same class or kind, this would demonstrate
that the price had not been influenced.
4. Paragraph 2(b) provides an opportunity for the importer to demonstrate
that the transaction value closely approximates to a "test" value
previously accepted by the customs administration and is therefore
acceptable under the provisions of Article 1. Where a test under paragraph
2(b) is met, it is not necessary to examine the question of influence
under paragraph 2(a). If the customs administration has already sufficient
information to be satisfied, without further detailed inquiries, that one
of the tests provided in paragraph 2(b) has been met, there is no reason
for it to require the importer to demonstrate that the test can be met. In
paragraph 2(b) the term "unrelated buyers" means buyers who are not
related to the seller in any particular case.
Paragraph 2(b)
A number of factors must be taken into consideration in determining
whether one value "closely approximates" to another value. These factors
include the nature of the imported goods, the nature of the industry
itself, the season in which the goods are imported, and, whether the
difference in values is commercially significant. Since these factors may
vary from case to case, it would be impossible to apply a uniform standard
such as a fixed percentage, in each case. For example, a small difference
in value in a case involving one type of goods could be unacceptable while
a large difference in a case involving another type of goods might be
acceptable in determining whether the transaction value closely
approximates to the "test" values set forth in paragraph 2(b) of Article
1.
Note to Article 2
1. In applying Article 2, the customs administration shall, wherever
possible, use a sale of identical goods at the same commercial level and
in substantially the same quantities as the goods being valued. Where no
such sale is found, a sale of identical goods that takes place under any
one of the following three conditions may be used:
(a) a sale at the same commercial level but in different quantities;
(b) a sale at a different commercial level but in substantially the same
quantities; or
(c) a sale at a different commercial level and in different quantities.
2. Having found a sale under any one of these three conditions adjustments
will then be made, as the case may be, for:
(a) quantity factors only;
(b) commercial level factors only; or
(c) both commercial level and quantity factors.
3. The expression "and/or" allows the flexibility to use the sales and
make the necessary adjustments in any one of the three conditions
described above.
4. For the purposes of Article 2, the transaction value of identical
imported goods means a customs value, adjusted as provided for in
paragraphs 1(b) and 2, which has already been accepted under Article 1.
5. A condition for adjustment because of different commercial levels or
different quantities is that such adjustment, whether it leads to an
increase or a decrease in the value, be made only on the basis of
demonstrated evidence that clearly establishes the reasonableness and
accuracy of the adjustments, e.g. valid price lists containing prices
referring to different levels or different quantities. As an example of
this, if the imported goods being valued consist of a shipment of 10 units
and the only identical imported goods for which a transaction value exists
involved a sale of 500 units, and it is recognized that the seller grants
quantity discounts, the required adjustment may be accomplished by
resorting to the seller's price list and using that price applicable to a
sale of 10 units. This does not require that a sale had to have been made
in quantities of 10 as long as the price list has been established as
being bona fide through sales at other quantities. In the absence of such
an objective measure, however, the determination of a customs value under
the provisions of Article 2 is not appropriate.
Note to Article 3
1. In applying Article 3, the customs administration shall, wherever
possible, use a sale of similar goods at the same commercial level and in
substantially the same quantities as the goods being valued. Where no such
sale is found, a sale of similar goods that takes place under any one of
the following three conditions may be used:
(a) a sale at the same commercial level but in different quantities;
(b) a sale at a different commercial level but in substantially the same
quantities; or
(c) a sale at a different commercial level and in different quantities.
2. Having found a sale under any one of these three conditions adjustments
will then be made, as the case may be, for:
(a) quantity factors only;
(b) commercial level factors only; or
(c) both commercial level and quantity factors.
3. The expression "and/or" allows the flexibility to use the sales and
make the necessary adjustments in any one of the three conditions
described above.
4. For the purpose of Article 3, the transaction value of similar imported
goods means a customs value, adjusted as provided for in paragraphs 1(b)
and 2, which has already been accepted under Article 1.
5. A condition for adjustment because of different commercial levels or
different quantities is that such adjustment, whether it leads to an
increase or a decrease in the value, be made only on the basis of
demonstrated evidence that clearly establishes the reasonableness and
accuracy of the adjustment, e.g. valid price lists containing prices
referring to different levels or different quantities. As an example of
this, if the imported goods being valued consist of a shipment of 10 units
and the only similar imported goods for which a transaction value exists
involved a sale of 500 units, and it is recognized that the seller grants
quantity discounts, the required adjustment may be accomplished by
resorting to the seller's price list and using that price applicable to a
sale of 10 units. This does not require that a sale had to have been made
in quantities of 10 as long as the price list has been established as
being bona fide through sales at other quantities. In the absence of such
an objective measure, however, the determination of a customs value under
the provisions of Article 3 is not appropriate.
Note to Article 5
1. The term "unit price at which ... goods are sold in the greatest
aggregate quantity" means the price at which the greatest number of units
is sold in sales to persons who are not related to the persons from whom
they buy such goods at the first commercial level after importation at
which such sales take place.
2. As an example of this, goods are sold from a price list which grants
favourable unit prices for purchases made in larger quantities.
Sale quantityUnit priceNumber of salesTotal quantity sold at each
price
1-10 units10010 sales of 5 units
5 sales of 3 units65
11-25 units955 sales of 11 units55
over 25 units901 sale of 30 units
1 sale of 50 units80
The greatest number of units sold at a price is 80; therefore, the unit
price in the greatest aggregate quantity is 90.
3. As another example of this, two sales occur. In the first sale 500
units are sold at a price of 95 currency units each. In the second sale
400 units are sold at a price of 90 currency units each. In this example,
the greatest number of units sold at a particular price is 500; therefore,
the unit price in the greatest aggregate quantity is 95.
4. A third example would be the following situation where various
quantities are sold at various prices.
(a) Sales
Sale quantityUnit price
40 units100
30 units90
15 units100
50 units95
25 units105
35 units90
5 units100
(b) Totals
Total quantity soldUnit price
6590
5095
60100
25105
In this example, the greatest number of units sold at a particular price
is 65; therefore, the unit price in the greatest aggregate quantity is 90.
5. Any sale in the importing country, as described in paragraph 1 above,
to a person who supplies directly or indirectly free of charge or at
reduced cost for use in connection with the production and sale for export
of the imported goods any of the elements specified in paragraph 1(b) of
Article 8, should not be taken into account in establishing the unit price
for the purposes of Article 5.
6. It should be noted that "profit and general expenses" referred to in
paragraph 1 of Article 5 should be taken as a whole. The figure for the
purposes of this deduction should be determined on the basis of
information supplied by or on behalf of the importer unless the importer's
figures are inconsistent with those obtained in sales in the country of
importation of imported goods of the same class or kind. Where the
importer's figures are inconsistent with such figures, the amount for
profit and general expenses may be based upon relevant information other
than that supplied by or on behalf of the importer.
7. The "general expenses" include the direct and indirect costs of
marketing the goods in question.
8. Local taxes payable by reason of the sale of the goods for which a
deduction is not made under the provisions of paragraph 1(a)(iv) of
Article 5 shall be deducted under the provisions of paragraph 1(a)(i) of
Article 5.
9. In determining either the commissions or the usual profits and general
expenses under the provisions of paragraph 1 of Article 5, the question
whether certain goods are "of the same class or kind" as other goods must
be determined on a case-by-case basis by reference to the circumstances
involved. Sales in the country of importation of the narrowest group or
range of imported goods of the same class or kind, which includes the
goods being valued, for which the necessary information can be provided,
should be examined. For the purposes of Article 5, "goods of the same
class or kind" includes goods imported from the same country as the goods
being valued as well as goods imported from other countries.
10. For the purposes of paragraph 1(b) of Article 5, the "earliest date"
shall be the date by which sales of the imported goods or of identical or
similar imported goods are made in sufficient quantity to establish the
unit price.
11. Where the method in paragraph 2 of Article 5 is used, deductions made
for the value added by further processing shall be based on objective and
quantifiable data relating to the cost of such work. Accepted industry
formulas, recipes, methods of construction, and other industry practices
would form the basis of the calculations.
12. It is recognized that the method of valuation provided for in
paragraph 2 of Article 5 would normally not be applicable when, as a
result of the further processing, the imported goods lose their identity.
However, there can be instances where, although the identity of the
imported goods is lost, the value added by the processing can be
determined accurately without unreasonable difficulty. On the other hand,
there can also be instances where the imported goods maintain their
identity but form such a minor element in the goods sold in the country of
importation that the use of this valuation method would be unjustified. In
view of the above, each situation of this type must be considered on a
case-by-case basis.
Note to Article 6
1. As a general rule, customs value is determined under this Agreement on
the basis of information readily available in the country of importation.
In order to determine a computed value, however, it may be necessary to
examine the costs of producing the goods being valued and other
information which has to be obtained from outside the country of
importation. Furthermore, in most cases the producer of the goods will be
outside the jurisdiction of the authorities of the country of importation.
The use of the computed value method will generally be limited to those
cases where the buyer and seller are related, and the producer is prepared
to supply to the authorities of the country of importation the necessary
costings and to provide facilities for any subsequent verification which
may be necessary.
2. The "cost or value" referred to in paragraph 1(a) of Article 6 is to be
determined on the basis of information relating to the production of the
goods being valued supplied by or on behalf of the producer. It is to be
based upon the commercial accounts of the producer, provided that such
accounts are consistent with the generally accepted accounting principles
applied in the country where the goods are produced.
3. The "cost or value" shall include the cost of elements specified in
paragraphs 1(a)(ii) and (iii) of Article 8. It shall also include the
value, apportioned as appropriate under the provisions of the relevant
note to Article 8, of any element specified in paragraph 1(b) of Article 8
which has been supplied directly or indirectly by the buyer for use in
connection with the production of the imported goods. The value of the
elements specified in paragraph 1(b)(iv) of Article 8 which are undertaken
in the country of importation shall be included only to the extent that
such elements are charged to the producer. It is to be understood that no
cost or value of the elements referred to in this paragraph shall be
counted twice in determining the computed value.
4. The "amount for profit and general expenses" referred to in paragraph
1(b) of Article 6 is to be determined on the basis of information supplied
by or on behalf of the producer unless the producer's figures are
inconsistent with those usually reflected in sales of goods of the same
class or kind as the goods being valued which are made by producers in the
country of exportation for export to the country of importation.
5. It should be noted in this context that the "amount for profit and
general expenses" has to be taken as a whole. It follows that if, in any
particular case, the producer's profit figure is low and the producer's
general expenses are high, the producer's profit and general expenses
taken together may nevertheless be consistent with that usually reflected
in sales of goods of the same class or kind. Such a situation might occur,
for example, if a product were being launched in the country of
importation and the producer accepted a nil or low profit to offset high
general expenses associated with the launch. Where the producer can
demonstrate a low profit on sales of the imported goods because of
particular commercial circumstances, the producer's actual profit figures
should be taken into account provided that the producer has valid
commercial reasons to justify them and the producer's pricing policy
reflects usual pricing policies in the branch of industry concerned. Such
a situation might occur, for example, where producers have been forced to
lower prices temporarily because of an unforeseeable drop in demand, or
where they sell goods to complement a range of goods being produced in the
country of importation and accept a low profit to maintain competitivity.
Where the producer's own figures for profit and general expenses are not
consistent with those usually reflected in sales of goods of the same
class or kind as the goods being valued which are made by producers in the
country of exportation for export to the country of importation, the
amount for profit and general expenses may be based upon relevant
information other than that supplied by or on behalf of the producer of
the goods.
6. Where information other than that supplied by or on behalf of the
producer is used for the purposes of determining a computed value, the
authorities of the importing country shall inform the importer, if the
latter so requests, of the source of such information, the data used and
the calculations based upon such data, subject to the provisions of
Article 10.
7. The "general expenses" referred to in paragraph 1(b) of Article 6
covers the direct and indirect costs of producing and selling the goods
for export which are not included under paragraph 1(a) of Article 6.
8. Whether certain goods are "of the same class or kind" as other goods
must be determined on a case-by-case basis with reference to the
circumstances involved. In determining the usual profits and general
expenses under the provisions of Article 6, sales for export to the
country of importation of the narrowest group or range of goods, which
includes the goods being valued, for which the necessary information can
be provided, should be examined. For the purposes of Article 6, "goods of
the same class or kind" must be from the same country as the goods being
valued.
Note to Article 7
1. Customs values determined under the provisions of Article 7 should, to
the greatest extent possible, be based on previously determined customs
values.
2. The methods of valuation to be employed under Article 7 should be those
laid down in Articles 1 through 6 but a reasonable flexibility in the
application of such methods would be in conformity with the aims and
provisions of Article 7.
3. Some examples of reasonable flexibility are as follows:
(a) Identical goods - the requirement that the identical goods should be
exported at or about the same time as the goods being valued could be
flexibly interpreted; identical imported goods produced in a country other
than the country of exportation of the goods being valued could be the
basis for customs valuation; customs values of identical imported goods
already determined under the provisions of Articles 5 and 6 could be used.
(b) Similar goods - the requirement that the similar goods should be
exported at or about the same time as the goods being valued could be
flexibly interpreted; similar imported goods produced in a country other
than the country of exportation of the goods being valued could be the
basis for customs valuation; customs values of similar imported goods
already determined under the provisions of Articles 5 and 6 could be used.
(c) Deductive method - the requirement that the goods shall have been sold
in the "condition as imported" in paragraph 1(a) of Article 5 could be
flexibly interpreted; the "90 days" requirement could be administered
flexibly.
Note to Article 8
Paragraph 1(a)(i)
The term "buying commissions" means fees paid by an importer to the
importer's agent for the service of representing the importer abroad in
the purchase of the goods being valued.
Paragraph 1(b)(ii)
1. There are two factors involved in the apportionment of the elements
specified in paragraph 1(b)(ii) of Article 8 to the imported goods - the
value of the element itself and the way in which that value is to be
apportioned to the imported goods. The apportionment of these elements
should be made in a reasonable manner appropriate to the circumstances and
in accordance with generally accepted accounting principles.
2. Concerning the value of the element, if the importer acquires the
element from a seller not related to the importer at a given cost, the
value of the element is that cost. If the element was produced by the
importer or by a person related to the importer, its value would be the
cost of producing it. If the element had been previously used by the
importer, regardless of whether it had been acquired or produced by such
importer, the original cost of acquisition or production would have to be
adjusted downward to reflect its use in order to arrive at the value of
the element.
3. Once a value has been determined for the element, it is necessary to
apportion that value to the imported goods. Various possibilities exist.
For example, the value might be apportioned to the first shipment if the
importer wishes to pay duty on the entire value at one time. As another
example, the importer may request that the value be apportioned over the
number of units produced up to the time of the first shipment. As a
further example, the importer may request that the value be apportioned
over the entire anticipated production where contracts or firm commitments
exist for that production. The method of apportionment used will depend
upon the documentation provided by the importer.
4. As an illustration of the above, an importer provides the producer with
a mould to be used in the production of the imported goods and contracts
with the producer to buy 10,000 units. By the time of arrival of the first
shipment of 1,000 units, the producer has already produced 4,000 units.
The importer may request the customs administration to apportion the value
of the mould over 1,000 units, 4,000 units or 10,000 units.
Paragraph 1(b)(iv)
1. Additions for the elements specified in paragraph 1(b)(iv) of Article 8
should be based on objective and quantifiable data. In order to minimize
the burden for both the importer and customs administration in determining
the values to be added, data readily available in the buyer's commercial
record system should be used in so far as possible.
2. For those elements supplied by the buyer which were purchased or leased
by the buyer, the addition would be the cost of the purchase or the lease.
No addition shall be made for those elements available in the public
domain, other than the cost of obtaining copies of them.
3. The ease with which it may be possible to calculate the values to be
added will depend on a particular firm's structure and management
practice, as well as its accounting methods.
4. For example, it is possible that a firm which imports a variety of
products from several countries maintains the records of its design centre
outside the country of importation in such a way as to show accurately the
costs attributable to a given product. In such cases, a direct adjustment
may appropriately be made under the provisions of Article 8.
5. In another case, a firm may carry the cost of the design centre outside
the country of importation as a general overhead expense without
allocation to specific products. In this instance, an appropriate
adjustment could be made under the provisions of Article 8 with respect to
the imported goods by apportioning total design centre costs over total
production benefiting from the design centre and adding such apportioned
cost on a unit basis to imports.
6. Variations in the above circumstances will, of course, require
different factors to be considered in determining the proper method of
allocation.
7. In cases where the production of the element in question involves a
number of countries and over a period of time, the adjustment should be
limited to the value actually added to that element outside the country of
importation.
Paragraph 1(c)
1. The royalties and licence fees referred to in paragraph 1(c) of Article
8 may include, among other things, payments in respect to patents, trade
marks and copyrights. However, the charges for the right to reproduce the
imported goods in the country of importation shall not be added to the
price actually paid or payable for the imported goods in determining the
customs value.
2. Payments made by the buyer for the right to distribute or resell the
imported goods shall not be added to the price actually paid or payable
for the imported goods if such payments are not a condition of the sale
for export to the country of importation of the imported goods.
Paragraph 3
Where objective and quantifiable data do not exist with regard to the
additions required to be made under the provisions of Article 8, the
transaction value cannot be determined under the provisions of Article 1.
As an illustration of this, a royalty is paid on the basis of the price in
a sale in the importing country of a litre of a particular product that
was imported by the kilogram and made up into a solution after
importation. If the royalty is based partially on the imported goods and
partially on other factors which have nothing to do with the imported
goods (such as when the imported goods are mixed with domestic ingredients
and are no longer separately identifiable, or when the royalty cannot be
distinguished from special financial arrangements between the buyer and
the seller), it would be inappropriate to attempt to make an addition for
the royalty. However, if the amount of this royalty is based only on the
imported goods and can be readily quantified, an addition to the price
actually paid or payable can be made.
Note to Article 9
For the purposes of Article 9, "time of importation" may include the time
of entry for customs purposes.
Note to Article 11
1. Article 11 provides the importer with the right to appeal against a
valuation determination made by the customs administration for the goods
being valued. Appeal may first be to a higher level in the customs
administration, but the importer shall have the right in the final
instance to appeal to the judiciary.
2. "Without penalty" means that the importer shall not be subject to a
fine or threat of fine merely because the importer chose to exercise the
right of appeal. Payment of normal court costs and lawyers' fees shall not
be considered to be a fine.
3. However, nothing in Article 11 shall prevent a Member from requiring
full payment of assessed customs duties prior to an appeal.
Note to Article 15
Paragraph 4
For the purposes of Article 15, the term "persons" includes a legal
person, where appropriate.
Paragraph 4(e)
For the purposes of this Agreement, one person shall be deemed to control
another when the former is legally or operationally in a position to
exercise restraint or direction over the latter.
ANNEX II - TECHNICAL COMMITTEE ON CUSTOMS VALUATION
1. In accordance with Article 18 of this Agreement, the Technical
Committee shall be established under the auspices of the CCC with a view
to ensuring, at the technical level, uniformity in interpretation and
application of this Agreement.
2. The responsibilities of the Technical Committee shall include the
following:
(a) to examine specific technical problems arising in the day-to-day
administration of the customs valuation system of Members and to give
advisory opinions on appropriate solutions based upon the facts presented;
(b) to study, as requested, valuation laws, procedures and practices as
they relate to this Agreement and to prepare reports on the results of
such studies;
(c) to prepare and circulate annual reports on the technical aspects of
the operation and status of this Agreement;
(d) to furnish such information and advice on any matters concerning the
valuation of imported goods for customs purposes as may be requested by
any Member or the Committee. Such information and advice may take the form
of advisory opinions, commentaries or explanatory notes;
(e) to facilitate, as requested, technical assistance to Members with a
view to furthering the international acceptance of this Agreement;
(f) to carry out an examination of a matter referred to it by a panel
under Article 19 of this Agreement; and
(g) to exercise such other responsibilities as the Committee may assign to
it.
General
3. The Technical Committee shall attempt to conclude its work on specific
matters, especially those referred to it by Members, the Committee or a
panel, in a reasonably short period of time. As provided in paragraph 4 of
Article 19, a panel shall set a specific time period for receipt of a
report of the Technical Committee and the Technical Committee shall
provide its report within that period.
4. The Technical Committee shall be assisted as appropriate in its
activities by the CCC Secretariat.
Representation
5. Each Member shall have the right to be represented on the Technical
Committee. Each Member may nominate one delegate and one or more
alternates to be its representatives on the Technical Committee. Such a
Member so represented on the Technical Committee is referred to in this
Annex as a "member of the Technical Committee". Representatives of members
of the Technical Committee may be assisted by advisers. The WTO
Secretariat may also attend such meetings with observer status.
6. Members of the CCC which are not Members of the WTO may be represented
at meetings of the Technical Committee by one delegate and one or more
alternates. Such representatives shall attend meetings of the Technical
Committee as observers.
7. Subject to the approval of the Chairman of the Technical Committee, the
Secretary-General of the CCC (referred to in this Annex as "the
Secretary-General") may invite representatives of governments which are
neither Members of the WTO nor members of the CCC and representatives of
international governmental and trade organizations to attend meetings of
the Technical Committee as observers.
8. Nominations of delegates, alternates and advisers to meetings of the
Technical Committee shall be made to the Secretary-General.
Technical Committee Meetings
9. The Technical Committee shall meet as necessary but at least two times
a year. The date of each meeting shall be fixed by the Technical Committee
at its preceding session. The date of the meeting may be varied either at
the request of any member of the Technical Committee concurred in by a
simple majority of the members of the Technical Committee or, in cases
requiring urgent attention, at the request of the Chairman.
Notwithstanding the provisions in sentence 1 of this paragraph, the
Technical Committee shall meet as necessary to consider matters referred
to it by a panel under the provisions of Article 19 of this Agreement.
10. The meetings of the Technical Committee shall be held at the
headquarters of the CCC unless otherwise decided.
11. The Secretary-General shall inform all members of the Technical
Committee and those included under paragraphs 6 and 7 at least 30 days in
advance, except in urgent cases, of the opening date of each session of
the Technical Committee.
Agenda
12. A provisional agenda for each session shall be drawn up by the
Secretary-General and circulated to the members of the Technical Committee
and to those included under paragraphs 6 and 7 at least 30 days in advance
of the session, except in urgent cases. This agenda shall comprise all
items whose inclusion has been approved by the Technical Committee during
its preceding session, all items included by the Chairman on the
Chairman's own initiative, and all items whose inclusion has been
requested by the Secretary-General, by the Committee or by any member of
the Technical Committee.
13. The Technical Committee shall determine its agenda at the opening of
each session. During the session the agenda may be altered at any time by
the Technical Committee.
Officers and Conduct of Business
14. The Technical Committee shall elect from among the delegates of its
members a Chairman and one or more Vice-Chairmen. The Chairman and
Vice-Chairmen shall each hold office for a period of one year. The
retiring Chairman and Vice-Chairmen are eligible for re-election. The
mandate of a Chairman or Vice-Chairman who no longer represents a member
of the Technical Committee shall terminate automatically.
15. If the Chairman is absent from any meeting or part thereof, a Vice-Chairman shall preside. In that event, the latter shall have the same powers and duties as the Chairman.
16. The Chairman of the meeting shall participate in the proceedings of the Technical Committee as such and not as the representative of a member of the Technical Committee.
17. In addition to exercising the other powers conferred upon the Chairman by these rules, the Chairman shall declare the opening and closing of each meeting, direct the discussion, accord the right to speak, and, pursuant to these rules, have control of the proceedings. The Chairman may also call a speaker to order if the speaker's remarks are not relevant.
18. During discussion of any matter a delegation may raise a point of order. In this event, the Chairman shall immediately state a ruling. If this ruling is challenged, the Chairman shall submit it to the meeting for decision and it shall stand unless overruled.
19. The Secretary-General, or officers of the CCC Secretariat designated by the Secretary-General, shall perform the secretarial work of meetings of the Technical Committee.
Quorum and Voting
20. Representatives of a simple majority of the members of the Technical
Committee shall constitute a quorum.
21. Each member of the Technical Committee shall have one vote. A decision
of the Technical Committee shall be taken by a majority comprising at
least two thirds of the members present. Regardless of the outcome of the
vote on a particular matter, the Technical Committee shall be free to make
a full report to the Committee and to the CCC on that matter indicating
the different views expressed in the relevant discussions. Notwithstanding
the above provisions of this paragraph, on matters referred to it by a
panel, the Technical Committee shall take decisions by consensus. Where no
agreement is reached in the Technical Committee on the question referred
to it by a panel, the Technical Committee shall provide a report detailing
the facts of the matter and indicating the views of the members.
Languages and Records
22. The official languages of the Technical Committee shall be English,
French and Spanish. Speeches or statements made in any of these three
languages shall be immediately translated into the other official
languages unless all delegations agree to dispense with translation.
Speeches or statements made in any other language shall be translated into
English, French and Spanish, subject to the same conditions, but in that
event the delegation concerned shall provide the translation into English,
French or Spanish. Only English, French and Spanish shall be used for the
official documents of the Technical Committee. Memoranda and
correspondence for the consideration of the Technical Committee must be
presented in one of the official languages.
23. The Technical Committee shall draw up a report of all its sessions
and, if the Chairman considers it necessary, minutes or summary records of
its meetings. The Chairman or a designee of the Chairman shall report on
the work of the Technical Committee at each meeting of the Committee and
at each meeting of the CCC.
ANNEX III
1. The five-year delay in the application of the provisions of the
Agreement by developing country Members provided for in paragraph 1 of
Article 20 may, in practice, be insufficient for certain developing
country Members. In such cases a developing country Member may request
before the end of the period referred to in paragraph 1 of Article 20 an
extension of such period, it being understood that the Members will give
sympathetic consideration to such a request in cases where the developing
country Member in question can show good cause.
2. Developing countries which currently value goods on the basis of
officially established minimum values may wish to make a reservation to
enable them to retain such values on a limited and transitional basis
under such terms and conditions as may be agreed to by the Members.
3. Developing countries which consider that the reversal of the sequential
order at the request of the importer provided for in Article 4 of the
Agreement may give rise to real difficulties for them may wish to make a
reservation to Article 4 in the following terms:
"The Government of ............ reserves the right to provide that the relevant provision of Article 4 of the Agreement shall apply only when the customs authorities agree to the request to reverse the order of Articles 5 and 6."
If developing countries make such a reservation, the Members shall consent to it under Article 21 of the Agreement.
4. Developing countries may wish to make a reservation with respect to paragraph 2 of Article 5 of the Agreement in the following terms:
"The Government of ............ reserves the right to provide that paragraph 2 of Article 5 of the Agreement shall be applied in accordance with the provisions of the relevant note thereto whether or not the
importer so requests."
If developing countries make such a reservation, the Members shall consent to it under Article 21 of the Agreement.
5. Certain developing countries may have problems in the implementation of Article 1 of the Agreement insofar as it relates to importations into their countries by sole agents, sole distributors and sole
concessionaires. If such problems arise in practice in developing country Members applying the Agreement, a study of this question shall be made, at the request of such Members, with a view to finding appropriate solutions.
6. Article 17 recognizes that in applying the Agreement, customs administrations may need to make enquiries concerning the truth or accuracy of any statement, document or declaration presented to them for customs valuation purposes. The Article thus acknowledges that enquiries
may be made which are, for example, aimed at verifying that the elements of value declared or presented to customs in connection with a determination of customs value are complete and correct. Members, subject to their national laws and procedures, have the right to expect the full cooperation of importers in these enquiries.
7. The price actually paid or payable includes all payments actually made or to be made as a condition of 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.
Com-Law > Findlaw > WTO Doc >Implementation of Article VII of GATT
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