Rules Regarding the Determination of Customs Value Sample Clauses

Rules Regarding the Determination of Customs Value. Article 3 of the Rules stipulates that the customs value of the imported goods shall be determined by customs administration on the basis of the transaction value, including the charges associated with the transport of imported goods and the cost of insurance and associated costs incurred prior to unloading of the goods at the port within the customs territory of the People’s Republic of China. The transaction value of the imported goods is the price actually paid or payable for the goods by the buyer adjusted in accordance with the provisions of Article 4 and Article 5 of the Rules. Articles 3, 4 and 5 of the Rules mainly stipulate that factors concerning the costs, value, royalties and license fees associated with the imported goods shall be considered by China Customs to determine the customs value on the basis of the transaction value. These articles are fully consistent with Article 1, Article 8:1, 8:2 and the Note to Article 1 of the WTO Valuation Agreement. Articles 6, 34 and 42 of the Rules deal with the related persons and their relationship. Article 42 further mentions the grounds for deeming the parties to be related. Article 34 also provides that when believing with grounds that the relationship between the buyer and seller influenced the transaction value, customs administration shall issue a written notice to the importer with the grounds for belief and ask for further explanation in written form, including documents or other evidence, that could demonstrate the declared value is not influenced by the relationship between the buyer and seller. If, within 15 days from the date of issuance of the notice, the importer fails to provide further information or the customs administration still, after examining the document or evidence provided, has reasonable doubts that, the relationship between the buyer and seller did influence the transaction value, customs administration may refuse to accept the declare value and determine the customs value in accordance with the provisions in Article 7 to Article 11 of the Rules. Articles 7 to 11 of the Rules provide the circumstance under which the customs value of the imported goods cannot be determined under the provisions of Article 3, China Customs shall apply the other five methods in its sequential order. In applying the transaction value method of identical or similar goods, customs value shall be based on the transaction value of identical or similar goods imported at or about the same time as the goo...
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