UNITED NATIONS DEPARTMENT OF ECONOMIC AND SOCIAL AFFAIRS STATISTICS DIVISION Expert Group on International Merchandise Trade Statistics First meeting New York, 3-6 December 2007 Presentation WTO Item 9: Customs Valuation Statistical Value and Customs Valuation Contact: andreas.maurer@wto.org © WTO/OMC 1 Statistical Value Value assigned to goods by the compiler of MTS Customs value as a basis WTO agreement on valuation • Recommended for IMTS • Transaction value as the customs value for imported goods • X: fob; M: cif © WTO/OMC 2 1 Valuation (CIF / FOB) Exports FOB Excluded Compiling country Transport insurance Partner country Included CIF Imports Valuation © WTO/OMC 3 Transaction value Price actually paid (invoice) Conditions to be fulfilled: ¾ evidence of sale ¾ no restriction (on disposition or use) ¾ not subject to additional conditions ¾ full price, unless: proceeds of subsequent resale, disposal... ¾ sufficient information for (possible) price adjustments (Art. 8) ¾ buyer and seller not related, or... ¾ related parties (Art. 15) © WTO/OMC 4 2 Transaction value Price actually paid (invoice) Article 8 (payments that can be added): ¾ commissions, brokerage, except buying commissions ¾ costs of, and charges for, packing and containers ¾ assists, i.e. goods and services supplied free or at reduced cost by buyer for use in the production of imported good ¾Royalties and licence fees ¾Subsequent proceeds of any sale accruing to the seller as a result of the resale or use of imported good ¾Cost of transport, insurance and related charges to the place of importation But not: ¾ freight after importation ¾ cost of construction, assembly... After importation ¾Duties and taxes of the importing country © WTO/OMC 5 Transfer pricing Price actually paid (invoice) For transactions at arms-length between related parties ¾ customs to ascertain relationship and circumstances of transaction, if doubt: value accepted ¾ if importer demonstrates that transaction occurred at about the same value between unrelated parties in past ¾ deductive or computed values of identical/similar goods © WTO/OMC 6 3 in case of doubts...as to the truth or accuracy “Decision on Shifting the Burden of Proof” First step: Customs requires further explanation Second step: Customs applies alternative method Transaction value of identical goods Transaction value of similar goods Deductive value Computed value Fall-back method © WTO/OMC 7 Transaction value of identical goods Calculated in same manner as transaction value Conditions to be fulfilled: ¾ goods are the same in all respects (physical characteristics, quality, etc.) ¾ produced in same country by same producer Exception: ¾ produced by different produces in same country ¾ minor differences © WTO/OMC 8 4 Transaction value of similar goods Calculated in same manner as transaction value Conditions to be fulfilled: ¾ goods closely resembling goods valued ¾ goods capable performing same functions ¾ goods produced in the same country, by same producer, imported at same time © WTO/OMC 9 Deductive value Deduction of value from the price of greatest aggregate quantity sold Conditions to be fulfilled: ¾ unit sales price in domestic market of imported good at which goods are sold ¾ sales price less commissions transport and insurance costs, customs duties value added by assembly or further processing © WTO/OMC 10 5 Computed value Production cost + profits + expenses ¾ production cost (value of materials and fabrication) ¾ profit and general expenses ¾ other expenses transport (to place of importation) loading, unloading and handling charges cost of insurance © WTO/OMC 11 Fall-back method Reasonable means consistent with available data Valuation criteria not to be used ¾ selling price of goods manufactured in the country of importation ¾ higher of two alternative values ¾ price of goods in the country of exportation (= anti-dumping) ¾ cost of production ¾ price of goods for export to a third country ¾ minimum customs values (developing countries) ¾ arbitrary or fictitious values © WTO/OMC 12 6 Exchange rate unit of account = national currency unit Exchange rate for conversion ¾ effective at time of exportation/importation ¾ midpoint between buying/selling rate ¾ n.a., average rate of shortest available period Multiple official exchange rates ¾ use actual rate applicable to specific transaction Parallel/black market exchange rates ¾ record separately © WTO/OMC 13 Implementation Factors that impact infrastructure ¾ lack of financial, human, technological resources ¾ staff competencies (tools, turnover, training, etc.) economic ¾ loss of custom revenues as major income source ¾ informal trade political ¾ will to introduce new measures technical assistance ¾ (valuation, risk management, trade facilitation) © WTO/OMC 14 7