Article 1 of the Wto Valuation Agreement

Article 1 of the Wto Valuation Agreement

Recognizing that the customs value of goods should, to the extent possible, be based on the transaction value of the goods to be valued, recognizing that valuation procedures should not be used to combat dumping, recognizing the need for a fair, uniform and neutral system for determining the customs value of goods that excludes the use of arbitrary or fictitious customs values, The Agreement allows the laws of importing countries to record accounts or other entries for the determination of a calculated value or to exclude them from the customs value: (2) No Member may require or require a person who is not resident in its territory to submit accounts or other entries for examination or to grant access to them. 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 by the authorities of the importing country in agreement with the manufacturer and with timely notification to the government of the country concerned in another country, provided that the latter does not oppose the investigation. 1. A Customs Valuation Committee (referred to in this Agreement as the Committee) is hereby established, composed of representatives of all members. 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 give Members the opportunity to consider by each Member matters relating to the management of the customs valuation system which may affect the implementation of this Agreement or the promotion of its objectives and which may exercise other responsibilities; which are entrusted to him. by Members. The WTO Secretariat acts as the Secretariat of the Committee. The agreement established a Customs Valuation Committee composed of representatives of each WTO member country. This Committee shall meet at least once a year and shall give members the opportunity to consult each other on matters relating to the management of the Customs valuation system. The agreement also established a Technical Committee on Customs Valuation under the auspices of the World Customs Organization, an international organization based in Brussels whose objective is to promote international cooperation in customs matters.

The tasks of the Technical Committee, which meets at least twice a year, include: examining specific technical issues arising in the day-to-day management of the Agreement; the preparation of expert opinions and appropriate solutions to these problems; Study of the laws, procedures and practices of member countries with regard to evaluation; and to provide information and advice on all matters relating to customs valuation that may be requested by Member States. Nothing in this Agreement shall be construed as limiting or affecting the right of customs administrations to ensure the accuracy or correctness of declarations, documents or declarations submitted for customs valuation purposes. 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. Any information which, by its nature, is confidential or provided 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 permission of the person or government providing such information, unless its disclosure is required in the context of legal proceedings. 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; 3. Members of industrialized countries shall provide technical assistance to developing countries upon request on mutually agreed terms. On this basis, members of industrialized 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. 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 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. (Rules on customs value – corrections (inclusions and exclusions) of the transaction value referred to in Article 1) 2. Where the costs and charges referred to in Article 8(2) are included in the transaction value, an adjustment shall be made to take account of significant differences in those costs and charges between the imported goods and the identical goods concerned resulting from differences in distances and modes of transport. . 2. Where the customs value cannot be determined in accordance with Article 1, a consultation procedure should normally take place between the customs administration and the importer in order to arrive at a value basis in accordance with Article 2 or 3. For example, the importer may have information on the customs value of identical or similar imported goods that are not immediately available to the customs administration of the port of importation. On the other hand, the customs administration may have information on the customs value of identical or similar imported goods which are not easily accessible to the importer. A consultation procedure between the two parties will allow for the exchange of information while respecting business secrecy in order to determine an appropriate basis of assessment for customs purposes. .