GATT Valuation System

Policy, Planning & Strategy

CUSTOMS VALUATION PROCEDURE

FOR IMPORTERS

GATT Valuation System Transaction Valuation System

GATT Valuation System

Policy, Planning & Strategy

GATT VALUATION SYSTEM

INTRODUCTION OF GATT VALUATION SYSTEM

Transaction Value System (TVS)

Requirements of TVS

Calculation of Customs Value Deductions to price paid Additions to price paid

Dynamics of TVS

Limitations of TVS

GATT Valuation System

Policy, Planning & Strategy

INTRODUCTION OF GATT VALUATION SYSTEM

Pakistan has adopted a new system of valuing imported goods based on an internationally approved set of rules, under the General Agreement on Tariffs and Trade [GATT], referred to as the Customs Valuation Code. Almost all the trading partners of Pakistan apply the same basic rules for valuation of goods. Section 25 of the Customs Act has been revised to conform to the Customs Valuation Code which provides for a fair, uniform, and neutral system which determines the value of imported goods in accordance with commercial realities and in which arbitrary or fictitious Customs values are prohibited.

TRANSACTION VALUE SYSTEM (TVS)

The transaction value system stipulates that the transaction value method must be used wherever possible. This method bases the customs value on the price you pay for the imported goods. Certain amounts not included in the price such as transportation, insurance, packing charges, royalties and license fees, assists, other payments etc. may have to be added to arrive at the precise customs value.

REQUIREMENTS OF TVS:
There are 3 requirements, which must be met in order to use the transaction value method. They are : 1. The goods must be subject to a sale; 2. The sale must be for export to Pakistan; and 3. The price paid or payable must be determinable.

DYNAMICS OF TVS:
The Transaction Value System includes the determination of Customs Value and various deductions and additions to the Price Paid. The details are given below: CUSTOMS VALUE
Besides the price you are paying for the goods, what other expenses are you incurring in relation to the goods which are not included in the price. The amount you pay to the supplier may not include amounts on which you have to pay duty. The price actually paid or payable is defined as the total payment made or to be made by the buyer to or for the benefit of the seller for the imported goods. It is important to understand that the invoice amount is not necessarily the price actually paid or payable as that term is defined. It is, therefore, important that you include in the price actually paid or payable all elements of it. For example if your purchase contract for goods involves paying a certain price to the seller plus an amount to a third party to settle a debt of the sellers to that third party, the invoice from the seller will not necessarily reflect the full price actually paid or payable as it may not include the debt paid to the third party. Nevertheless the debt paid on the sellers behalf should, in fact, be included in the price actually paid or payable calculation. It is essential that you carefully review the price you pay to the seller / supplier so as to add other charges, commissions etc. not included in the price to arrive at the correct transaction value for levy of duty.

GATT Valuation System DEDUCTIONS FROM THE PRICE PAID

Policy, Planning & Strategy

The price, for the purpose of value for duty, is the importers net price at the time of importation. The buying commission ( or discount ) shown on the invoice is excluded and the net amount payable is the purchase price and the value for customs purposes. On the other hand, if the commission or discount is in the form of rebate payable at a later date if certain conditions are met, it will be included in the transaction value.

ADDITIONS TO THE PRICE PAID

There are a number of charges which must be added to the price actually paid or payable and thus will be included in the customs value of the goods even though they are not part of the invoice price of the imported goods and are normally charged separately under a different contract. These charges are as follows: Cost of transport, excluding inland freight. Loading, unloading, and handling charges at the place of shipment. Cost of insurance. Commissions including indenting commissions and brokerage. Cost of containers. Cost of packing, labour and material. Royalties and License Fees paid by you that are related to the goods as a condition of sale, no matter when or whom. Goods or services, commonly referred to as assists provided free or at a reduced cost by the buyer directly or indirectly to the seller. Examples of assists are moulds, tools, dies, raw materials, designs etc. Any additional payment based on the resale, use or disposal of the goods that is made to the seller directly or indirectly by the buyer.

LIMITATIONS OF TVS:
There are four limitations on the use of transaction value. The transaction value method cannot be used if:

1. There are restrictions on the disposition or use of the goods by the buyer other than
(a) those imposed or required by law, (b) those that limit the geographical area in which the goods may be resold, or (c) those that do not affect the value of the goods.

2. The sale or price of goods is subject to a condition or consideration for which a value cannot be
determined with respect to the goods being valued.

3. There are any subsequent payments to the seller by the buyer unless an appropriate adjustment can be
made under sub-section 2(e).

4. If the buyer and seller are related. This limitation will not be applicable if the importer can demonstrate
that the declared customs value approximates a test value under sub-section 3(b) of section 25 , or demonstrates to Customs satisfaction that the price has not been influenced by the relationship.