The above evaluation methods should be used in hierarchical order. Recognizing that customs valuation should be based on simple and fair criteria consistent with commercial practices and that valuation procedures should have general application without distinction between sources of supply; The agreement consists of four main parts, as well as a preamble and three annexes. The first part lays down the substantive rules on customs valuation. Part II provides for the international administration of the Convention and the settlement of disputes. Part III provides for special and differential treatment for developing countries, and Part IV contains the so-called final provisions dealing with issues such as the adoption and accession of the agreement, reservations and the maintenance of the agreement. 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 between different cultures, with evidence of their use in the Roman Empire, the Han Dynasty and the Indian subcontinent. The first recorded customs tariff dates from 136 in Palmyra, an oasis city in the Syrian desert. [1] Beginning in the late 20th century, customs valuation procedures used in large parts of the world were codified in the Agreement Implementing Article VII of the General Agreement on Tariffs and Trade (GATT) 1994.
[2] The Agreement allows the legislation of importing countries to include or exclude from customs valuation: the methods of customs valuation in descending order are: 1. A Customs Valuation Committee (referred to in this Agreement as the “Committee”) is hereby established, composed of representatives of each Member. The Committee shall elect its own Chairman and shall, as a general rule, meet once a year or in accordance with the relevant provisions of this Agreement, in order to provide Members with an opportunity to discuss matters relating to the administration of the customs valuation system by each Member which may affect the implementation of this Agreement or the promotion of its objectives; and to carry out such other tasks as may be assigned to it. by the members. The WTO Secretariat acts as the Secretariat of the Committee. It is essential to ensure that customs officers have an appropriate valuation method, i.e. to apply and avoid arbitrary conclusions or officially established minimum import prices provided for in the agreement in order to maintain the integrity of negotiated market access obligations based on the value of the imported product. Equally important, the implementation of the Agreement is often the first concrete and meaningful step taken by some WTO Member States to reform their customs administrations, reduce corruption and, ultimately, move towards a rules-based environment for trade facilitation.
In cases where it is not possible to determine the transaction value of the imported goods, the agreement provides for alternative 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 sold in the importing country may be used. Alternatively, a calculated value can be used; The agreement describes how this value is to be calculated. In the event of failure, the customs authorities shall use “appropriate means consistent with the principles and general provisions of this Agreement” to determine the value of the imported goods. The Customs Valuation Committee of the Council for the Movement of Goods (CGT) is conducting work on customs valuation in the WTO as part of a series of trade facilitation measures. The current president is.
The agreement provides for a customs valuation system based primarily on the transaction value of the imported goods, i.e. the price actually paid or payable for the goods when they are sold for export to the importing country, with certain adjustments. An important part of the work of the Committee on Customs Valuation in support of the provisions of the Convention is the review of Members` implementing provisions. 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. Recognising that assessment procedures should not be used to combat dumping; The agreement gives customs administrations the right to request additional information from importers if they have reasons to correct 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 Agreement aims to establish a single, fair, uniform and neutral system for the valuation of goods imported for customs purposes, in accordance with economic circumstances and prohibiting the use of arbitrary or fictitious customs values. The Agreement recognises, by its positive conception of value, that the customs value should be based, as far as possible, on the actual price of the goods to be valued. Nothing in this Agreement shall be construed as limiting or affecting the right of customs administrations to ensure the accuracy or correctness of any declaration, document or declaration made for customs valuation purposes. Any information that is by its nature confidential or that is made available on a confidential basis for the purposes of customs valuation shall be kept strictly confidential by the authorities concerned, which may not disclose it without the express authorization of the person or government providing such information, unless it is necessary for it to be disclosed in the course of legal proceedings. Recognizing the need for a fair, uniform and neutral system of customs valuation of goods that excludes the use of arbitrary or fictitious customs values; Brief information on customs valuation refers to the “Customs Value” section of the WTO Guide “Understanding the WTO”.
2. No Member shall require or require a person who is not established in its territory to sit for or grant access to the examination in order to determine a calculated value. However, the information provided by the manufacturer of the goods for the purpose of determining the customs value in accordance with this Article may be verified in another country by the authorities of the importing country with the consent of the manufacturer, provided that they inform the government of the country concerned in good time in advance and that the latter does not oppose the investigation. 3. Members of developed countries shall provide technical assistance to developing countries upon request, on mutually agreed terms. On this basis, members of developed countries shall develop technical assistance programmes, which may include, inter alia, training of personnel, assistance in the preparation of implementing measures, access to sources of information on the method of customs valuation and advice on the application of the provisions of this Convention. For importers, the process of estimating the value of a product in customs raises problems that can be as serious as the rate of duty in rem. .