Some Unclear Expressions in the Rules Sample Clauses

Some Unclear Expressions in the Rules. Through comparison with WTO Valuation Agreement, I personally find that the Customs Law and the Rules regarding the determination of Customs Value are, in principle, in conformity with WTO Valuation Agreement. Therefore, I would like to state the main improvement and changes or differences in the fields of the determination of Customs Value, by further analyzing and comparing with the old Rules regarding the Determination of Customs Value. --- From the perspective of the definition of transaction value, it is legally defined in the Customs Law and the Rules that transaction value is used as the basis for determining the dutiable value of goods for levying import Customs duty, not the “normal value” or “reference price” popularly used in the past. --- In view of factors taken into account, such as commissions, it is more clearly and tightly stated in the Rules that commissions and brokerage, except buying commission, shall be recorded for the determination of Customs value, but in the past, only sale’s commission was recorded. --- In regard to discount, it is not considered due to the fact that actual payment for the goods will be used as the basis for the determination of the Customs value, in whatever forms the discount are provided. In the past, China Customs valuation included the cash discount. --- Regarding the royalties and license fees, now the definitions have been in uniformity. In determining Customs value, the fees for the right to reproduce the imported goods within the Customs territory shall not be added into the price actually paid pr payable. The only exception is that when they are considered as a condition for sale of the goods being valued. As an example of this, if they are conditions for sale of the valued goods, such as trademark or copyright, they will be recorded in the determination of Customs value. In the past, China practiced that whatever they were related to the imported goods, they were added into the price for Customs valuation. --- In view of the establishment of relationships between the buyer and the seller, Article 42 (f) of the Rules states, “One party directly or indirectly owns, controls or holds 5 percent or more of the outstanding voting stock or shares of the other party”, which is a bit different from what 4 (d) of Article 15 of the Agreement, “any person directly or indirectly owns, controls or holds 5 percent or more of the outstanding voting stock or shares of both of them”. I think the expressions of “any pers...
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Related to Some Unclear Expressions in the Rules

  • VARIATIONS TO THE AGREEMENT 12.1. Company reserves the right from time to time to vary the Agreement as follows:

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined in the Common Terms and

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  • Definitions Interpretations For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, the following terms shall have the following respective meanings:

  • SEVERABILITY AND FINAL EXPRESSION This Agreement and the Disclosure are the final expression of the terms and conditions of your account. This written Agreement and Disclosure may not be contradicted by evidence of any alleged oral agreement. Should any part of this Agreement or the Disclosure be found to be invalid or unenforceable, all other parts of this Agreement and Disclosure shall remain in effect and fully enforceable to the fullest extent possible under this Agreement.

  • Provisions of the Agreement a reference to any Clause or Schedule is, except where it is expressly stated to the contrary, a reference to such clause of, or schedule to, this Agreement. A reference in a Schedule to any paragraph is, except where it is expressly stated to the contrary, a reference to a paragraph in that Schedule;

  • Definitions Interpretation 1.1. As used in this Agreement, the following terms have the following meanings:

  • General Conditions; Definitions 1.01. The General Conditions (as defined in the Appendix to this Agreement) constitute an integral part of this Agreement.

  • Publication of the Agreement Copies of this Agreement shall be made available to all members of the appropriate unit by posting the Agreement on the District’s website within thirty (30) working days after the Agreement is executed.

  • Limitations in Tariffs A Party may, in its sole discretion, provide in its tariffs and contracts with its End Users and third parties that relate to any service, product or function provided or contemplated under this Agreement, that to the maximum extent permitted by Applicable Law, such Party shall not be liable to the End User or third Party for (i) any loss relating to or arising out of this Agreement, whether in contract, tort or otherwise, that exceeds the amount such Party would have charged that applicable person for the service, product or function that gave rise to such loss and (ii)

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