Customs valuation is the determination of the economic value of goods declared on importation. To this end, a standard set of rules for determining the value of these goods is established. Its meaning is given by the purpose it is to fulfill.
Customs duties and value added tax (VAT) are usually calculated as a percentage of the value of the goods, ie. using the so-called. ad valorem, but there are also tariffs so called. specific, where is the unit of measure in which the quantity of goods burdened with the exact rate of duty in euro is expressed (declared). Economic operators and customs authorities shall comply with the rules laid down in Union customs legislation.
have jointly agreed rules for determining customs value, ie. uniform metric
proper collection of import duties and taxes,
the application of import and export measures.
The value of the imported goods is also one of the three pillars of the customs procedure, which provides the basis for the determination of the customs debt, which is a technical concept for the amount of duty to be paid, the other two tariff classification and origin.
Once the customs value, the classification of the goods and the proof of origin have been established, the customs authorities may proceed to the calculation of the import duty.
Article 53 of the Union Customs Code Currency conversion
1. The competent authorities shall publish and / or make available on the Internet the exchange rate to be applied if, for one of the following reasons, a currency conversion is necessary:
(a) the criteria used to determine the customs value of the goods shall be expressed in a currency other than that of the Member State in which the customs value is determined;
(b) the value of the euro is required in national currencies for the purpose of determining the tariff classification of goods and the amount of import and export duties, including the Common Customs Tariff thresholds.
2. Where a currency conversion is necessary for reasons other than those referred to in paragraph 1, the value of the euro in national currencies to be used under customs legislation shall be determined at least once a year.
CHAPTER 3 Value of goods for customs purposes
Article 69 of the Union Customs Code Scope
For the purposes of applying the Common Customs Tariff and the non-tariff measures laid down by Union legislation governing specific areas relating to the trading of goods, the customs value of the goods shall be determined in accordance with Articles 70 and 74.
Article 70 Union Customs Code Method of determining customs value based on transaction value
1. The primary basis of the customs value of the goods shall be the transfer value, i. j. the price actually paid or payable for goods sold for export to the customs territory of the Union and adjusted as necessary.
2. The price actually paid or payable for the goods shall be the total payment paid or payable by the buyer to the seller or the third party buyer in favor of the seller for the imported goods and shall include all payments made or to be made as a condition sale of imported goods.
3. The transfer value shall apply if all of the following conditions are met:
(a) there are no restrictions on the handling or use of the goods by the buyer, except for any of the restrictions which:
(i) imposes or requires law or public authorities in the Union;
(ii) limit the geographical area in which the goods can be resold;
(iii) do not substantially affect the customs value of the goods;
(b) the sale or price is not subject to any conditions or consideration whose value cannot be ascertained in relation to the goods being valued;
(c) no part of the proceeds of any subsequent sale, disposal or use of the goods by the buyer shall accrue, directly or indirectly, to the seller, unless an appropriate adjustment can be made;
(d) the buyer and the seller are not related or their concentration did not affect the price.
Article 71 Union Customs Code Elements of transfer value
1. In determining the customs value under Article 70, the following shall be added to the price actually paid or payable for the imported goods:
(a) the following, insofar as they are paid by the purchaser and are not included in the price actually paid or payable:
(i) commissions and brokerage fees, except buying commissions;
(ii) the price of containers which, for customs purposes, are treated as a unit with the goods in question; and
(iii) the price of the packaging, which includes both labor and material;
(b) an appropriate breakdown of the following goods and services, provided that the buyer provides them, directly or indirectly, free of charge or at a reduced price, for use in connection with the production and sale of the imported goods for export; to be paid:
(i) materials, components, parts and similar articles included in the imported goods;
(ii) tools, dies, molds and similar articles used in the manufacture of imported goods;
(iii) materials consumed in the production of imported goods; and
(iv) technology, development, works of art, design, plans and drawings, drawn up outside the Union and necessary for the production of imported goods;
(c) fees for the use of patents and royalties relating to the person being evaluated