Any company involved in international trade can benefit from the fair and predictable rules of this agreement for the valuation of goods for customs purposes. The agreement aims to establish a uniform system that is fair, uniform and neutral for the valuation of goods imported for customs purposes, that is in accordance with commercial conditions and that prohibits the use of arbitrary or fictitious customs values. The agreement recognizes, by its concept of positive value, that customs assessment should, as far as possible, be based on the actual price of the goods to be assessed. The agreement identifies certain situations in which the transaction value of imported goods is not acceptable for customs purposes. They occur: if there are restrictions on the availability or use of the goods by the buyer (with a few exceptions); where the sale or price of the goods is subject to a condition or consideration for which no value can be determined; When part of the proceeds from subsequent use of the goods by the buyer is returned to the seller; or, with a few exceptions, if the buyer and seller are “related” (e.g. B business partners, employers, employees, civil servants or managers in the company of the other company. The agreement provides for a customs assessment system that bases customs value primarily on the transaction value of imported goods, i.e. on the price actually paid or payable for goods when they are sold for export to the importing country, with certain adjustments. The above evaluation methods should be used in hierarchical order. In cases where it is not possible to determine the transaction value of imported goods, the agreement provides for other valuation methods. The first alternative is to determine 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 use the transaction value of similar 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 can be used when sold in the country of import.
Another value can be used; the agreement describes how this value should be calculated. In the event of failure of any other, customs authorities use “appropriate means, in accordance with the principles and general provisions of this agreement,” to determine the value of imported goods. The agreement stipulates that the customs legislation of each WTO member country must apply the rights of importers without penalty, first to the country`s customs administration or an independent body, and then to a judicial authority. All laws, regulations, court decisions and administrative decisions that make the agreement effective are made public. The agreement allows the legislation of importing countries to include customs assessment or exclude it from customs assessment: the agreement has established a customs assessment committee made up of representatives of each WTO member country. This committee meets at least once a year and gives members the opportunity to consult on issues related to the management of the customs assessment system. As part of the agreement, a technical customs assessment committee was also established under the aegis of the World Customs Organization, an international organization based in Brussels, whose aim is to promote international cooperation in customs matters.