Custom Duty Valuation

Precision in Trade: Insights with Custom Duty Valuation Expertise

In order to value products as they are entered into different customs procedures, such as import, export, warehousing, and inbound processing, the concept of customs valuation is applied. The customs value is crucial to calculate the right amount of any customs tax to be paid on imported goods.

The term "ad valorem duty" refers to the practice of charging customs duty as a proportion of the value of the items being imported. The customs value must be established before the amount of duty payable can be determined.

Customs duties may be expressed in ad valorem, specific, or a combination of the two phrases. A specific amount is levied for a quantitative description of the good in the case of a specified obligation. Since the tax is dependent on other factors rather than the good's worth, it is not necessary to calculate the item's customs value. The value Agreement is irrelevant in this situation since no regulations on customs value are required. Ad valorem taxes, on the other hand, are determined by the item's value. In this approach, the amount of duty that must be paid on an imported good is determined by multiplying the customs value by an ad valorem rate of duty.

Method of Calculating Custom Duty Valuation

1. Transaction Value of Imported Goods

According to the Customs Valuation Agreement, the transaction value technique is the primary and most significant method of customs valuation. The real amount paid or due for the items when they are sold for export is the transaction value in this case. With this approach, the customs value is often based on the imports' actual price, which is also shown on the invoice.

Commercial invoices, contracts, or purchase orders are required as proof of a sale for export to the nation of importation, other than:

1. Those mandated by law in the country of importation, there cannot be any restrictions on the buyer's ability to dispose of or use the goods.
2. Those that are restricted to the region in which the sale of products may be made.
3. Those that don't significantly reduce the worth of the items.

The pricing cannot be subject to circumstances for which the worth of imported items cannot be assessed when the transaction value is employed as the valuation technique. These circumstances include:

1. In exchange for the importer agreeing to purchase a certain amount of additional products, the seller sets the price for the commodities.
2. The cost of the items is determined by how much the importer charges the seller for the goods.
3. Both sides agreed on the price using a method of payment unrelated to the imported products.

However, if there is enough knowledge about the following factors, precise modifications to the transaction value can be made:

1. Brokerage fees and charges, excluding buying commissions
2. Costs and fees for packaging and containers
3. Assists
4. Expenses for royalties and licences
5. Subsequent proceeds
6. Transport and insurance costs

The integrity or correctness of the claimed value may occasionally give rise to suspicions on the part of the customs officials. They could require the importer to elaborate or justify the reported value in certain circumstances.

Suppose the customs authorities continue to have concerns despite receiving further information from the importer. In that case, they may decide that the right value cannot be ascertained using the transaction value technique. Customs officials must explain in writing to the importer their reasoning if they choose to value goods using a different method.

2. The transaction value of identical goods

The transaction value of identical commodities is determined using the same method if:

• The products are identical in terms of appearance, calibre, and reputation.
• The nation where the commodities are produced is also the place where they are valued.
• The same manufacturer who made the products that are being valued also created the goods.
• This approach is employed only when identical items are brought into the nation where they are being appraised. In addition, the products must be shipped at the same time as those that are being appraised.

The following are acceptable deviations from the aforementioned rules:

• No two identical goods are created by the same individual in the nation where the products being evaluated are produced.
• Valuation using otherwise similar products are not prohibited by little variations in the appearance of the goods being valued.

3. The transaction value of similar Goods

It is possible to determine the transaction value of similar commodities if:

• The materials used and the features of the items are similar to those being valued.
• The items are interchangeable and serve the same purposes as the items being valued.
• The same manufacturer makes the products as those whose worth is being determined, and they are imported from the same nation. Along with being valued, the products must also be shipped around the same time.

4. Deductive Value Method

The deductive technique is applied when it is impossible to calculate the customs value using the transaction value of imported items, identical commodities, or similar goods. This entails figuring out the unit price at which the items are sold to an unrelated customer in the same importing nation in the largest aggregate amount.

In this case, the price at which the greatest number of units are sold, first at the commercial level following importation and later to unconnected customers, corresponds to the biggest aggregate amount.

The total of the units of products sold at a certain price and all sales at that price is compared to the sum of the units of identical or comparable goods sold at any other price to determine which has the largest aggregate amount.

The largest aggregate quantity will be the most units sold at a single price. The customs value is determined using this value. However, the following prerequisites must be met:

• There must be no family ties between the importer's buyer and seller.
• The sale must occur close to the time when the commodities being valued are imported.
• Sales of the commodities being valued up to 90 days after importation are permissible if none occurred at or close to the period of arrival.

The price at the highest aggregate quantity may be reduced in several ways. These include:

• The amount of earnings, commissions, and additional miscellaneous expenditures related to sales.
• Costs associated with transportation and insurance inside the importing nation.
• Taxes are due in the importing nation, including customs charges.
• Value added by assembling or additional processing, as appropriate.

5. Computed value method

This is a complex and little-employed technique. Here, the cost of producing the items is used to determine the customs value. This comprises the profit and other costs that are visible in sales of products with comparable classifications.

The total of the following is the calculated value: -Cost of production: The price of the materials, labour, and other processes used to produce the imported items.

• Materials:

  This includes raw materials, transportation expenses to the production site, sub-assemblies, and pre-fabricated parts that will be put together later.

• Fabrication expenses:

  This includes labour costs, assembly charges (if manufacturing is substituted for an assembly activity), and indirect costs like overtime or factory monitoring.

• Expenses:

  Expenditures associated with packing, labour assistance, engineering labour, or artwork produced in the nation of importing.

• Profit and other expenses:

  The export sales of similarly categorised commodities offered by producers in the nation of importation show profit and general expenditures.

It is necessary to consider both the profit amount and other costs like rent, water, energy, legal fees, etc. "Other expenses" include the cost of insurance, transportation, loading, unloading, and handling fees incurred while bringing the products to the port of importation.

6. Method of residual value

The residual technique does not provide any particular criteria for determining customs value. Instead, the value is determined using one of the other approaches with little change. The value must reflect business realities and be fair market.

The following factors can also have an impact on the final number when using this method:

• The relationship between the parties, such as that of a related buyer and seller.
• Asituation where the items were given without cost to the consignee.
• Permitted increases or decreases in the item's value.
• Both second-hand and imported products are not available locally.

necessary papers required for clearance of import customs in India

• Bill of Entry
• Commercial Invoice
• Bill of Lading / Airway bill
• Import License
• Insurance certificate
• Purchase order/Letter of Credit
• Technical write-up, literature etc., for specific goods, if any
• Industrial License, if any

Purpose of Customs Valuation

It is crucial to have a uniform set of guidelines for calculating the total customs value of products for a variety of reasons. To begin with, it assists in calculating the import duty that the recipient of the item must pay in relation to the cargo. The customs officials must grasp exactly how to carry out some jobs since a proportion of the value of products determines customs taxes and the value-added tax (VAT).It is critical to have a precise measurement standard that is widely accepted for the following reasons:

• Commercial policy measures being used
• Analysis of Economic and commercial policies
• Statistics on imports and exports
• Proper tax and duty collection on imports

Value of imported and exported goods without a set tariff value

According to Section 2(41) of the Customs Act of 1962, "Value" refers to the worth of any products as calculated in line with Section 14's sub-section (1).

In turn, Section 14's Subsection (1) stipulates that when a duty of customs is assessed on any products based on their worth, the items' value shall be determined to be:

• In the course of international trade, "the price at which similar goods are sold, or offered for sale, for delivery at the time and place for the purpose of import or export, as the case may be, where the seller and the buyer have no interest in each other's businesses, and the price is the sole consideration for the sale or offer for sale”.
• The requirements of sub-section (1) of Section 14 offer a comprehensive code of value for export commodities by itself. On the other hand, according to sub-section (1A) of Section 14, the value of imported products must be established in line with the relevant rules.
• Section 14's sub-section (1) guidelines correspond to those in GATT's Article VII. The Customs Valuation Rules, which implement Article VII of GATT, largely resemble the WTO Customs Valuation Agreement. The value techniques suggested therein are arranged in a hierarchy. To enable accurate and quick determination of value for assessment purposes, the importer must truthfully disclose the value in the B/E and provide a valuation declaration in the approved format, a copy of the invoice, and other supporting Paper works.

Service offered by Enterslice

• Experts in our customs advisory practice have in-depth knowledge and practical experience in a variety of areas, including customs classification, related party transaction valuation, the interaction of customs valuation with the transfer pricing policy, customs compliances, benefits under concessional rate notifications, and advice on international trade policy, free trade agreements, cross-border supply chains, anti-dumping duties, and duty-free programmes, among others.
• The vast legislative framework in customs legislation is well-known to our team, and we assist customers in reviewing compliances, records, and procedures from the perspective of the trade and customs authorities.
• To maximise operational efficiency, our experts help ensure proper labelling, adherence to licencing laws, and possession of the appropriate certifications for local and international commerce.
• Our trade and customs team is skilled in finding compliance gaps, foreseeing the effects of legislative changes, and improving operations by reducing costs.
• Through the course of such conversations, consultations, and investigations, we offer a broad spectrum of help, including representation before the authorities.

We support firms in creating and enhancing their internal systems and processes, especially if they have customs-related assets such as bonded customs warehouses.