Updated: Tuesday May 13, 2014/AthThulatha
Rajab 14, 1435/Mangalavara
Vaisakha 23, 1936, at 09:09:04 PM
The Customs Valuation
(Determination of Value of Imported Goods) Rules, 1999
CHAPTER I
PRELIMINARY
1.
Short title, commencement and application.-- (1) These rules may be called the Customs Valuation
(Determination of Value of Imported Goods) Rules, 1999.
(2)
These shall come into force with effect from the 1st January, 2000.
(3)
These shall apply to the goods imported or for which bill of entry is filed on
or after the date of coming into force of these rules.
2.
Definition:-- In these
rules, unless there is anything repugnant in the subject or context,---
(a)
“Act” means the Customs Act, 1969 (V of 1969);
(b)
“appropriate officer”, in relation to any function to be performed under these
rules, means the officer of customs to whom such functions have been assigned
by or under the Act and includes officers super or to him;
(c)
“at or about the same time” means within ninety days prior to the importation
of within ninety days after the importation of goods being valued;
(d)
“buying commissions” means fee paid and declared in the bill of entry by an
importer to his agent for the service of representing the importer abroad in
the purchase of the goods being valued;
(e)
“commercial level” means the level of the transaction at which a sale is
concluded and includes the sale before and after importation of the goods for
example, sales conducted between a manufacturer and a wholeseller, or between a
wholeseller and a retailers or between a retailer and a customer;
(f)
“family” means a group of persons related to each other by marriage, blood or
law or adoption and includes all descendants of a common progenitor;
(g)
“general expenses” include direct and indirect costs of marketing the goods
after importation;
(h)
“produced” includes goods growth, manufactured and fined; and
(i)
“Related persons”, for the purposes of these rules, means such persons only
if,---
(i)
they are officers or directors of one another’s business;
(ii)
they are legally recognized partners in business;
(iii)
they are employer and employees;
(iv)
one of them directly or indirectly controls the other;
(v)
both of them are directly or indirectly controlled by a third person;
(vi)
together they directly or indirectly control a third person; or
(vii)
they are members of the same family;
(viii)
any person who directly or indirectly owns, controls or holds five per cent or
more of the outstanding voting stock or shares of business of both or each of
such related persons;
Explanation
II.-- persons who are associated in the business of one another and that one is
the sole agent or sole distributor or sole concessionnaire, however described,
of the other, shall be deemed to be related for the purpose of these rules, if
they fall within the criteria hereinbefore specified for related persons.
Explanation
III.-- one person shall be deemed to control another when the former is legally
are operationally, in a position to exercise restraint or direction over the
other.
GENERAL
3.
Declaration by the importer.--
The Importer, or his agent, shall furnish,---
(a)
a declaration disclosing full and accurate details relating to the value of
imported goods; and
(b)
any other statement, information or document as considered necessary by the
appropriate officer for determination of the value of imported goods under the
Act and these rules, and the Act.
4.
Burden of proof.-- (1)
Where the appropriate officer has reason to doubt the truth or accuracy of the
particulars or of documents produced in support of the declaration, such
officer may ask the importer to provide further explanation, including
documents or other evidence.
(2)
If, after receiving information referred to in such rule (1) or in the absence
of a response, the appropriate officer still has reasonable doubts about the
truth or accuracy of the declared value, it may be deemed that the customs
value of the imported goods cannot by determined under the provisions of
sub-section (1) of section 25 of the Act.
(3)
When a final decision is made, the appropriate officer shall communicate to the
importer in writing his decision and the grounds therefor.
5.
Prohibited methods.-- Where
the value of imported goods cannot be determined under sub-sections (1), (5)
(6), (7) and (8) of section 25 of the Act, the customs value shall be
determined on the basis of data of imports available with the Customs
Department. However no value shall be determined under these rules on the basis
of,---
(i)
the selling price of the identical goods produced in
(ii)
the price of the goods in the domestic market of the country of origin except
after allowing deduction of local taxes and profits at each level of sale in
the country of exportations;
(iii)
arbitrary or fictitious values; or
(iv)
the minimum customs values, except those notified under sub-section (14) of
section 25 of the Act.
6.
Rights of customs.--
Nothing contained in these rules shall be construed as restricting, or calling
in question, the right of the appropriate officer to satisfy himself as to the
truth or accuracy of any statement, information, document or declaration
presented for valuation purposes by or on behalf of the importer under the Act
and rules made thereunder.
7.
Rights of importer.-- (1)
Whenever the appropriate officer is unable to accept the transaction value
without further inquiry, he shall give the importer an opportunity to supply
such further detailed information as may be necessary to enable him to examine
the circumstances surrounding the sale. In this context, the appropriate
officer of customs shall examine relevant aspects of the transaction including
the way in which the buyer and seller organize their commercial relations and
the way in which the price in question was arrived at, in order to determine
whether the relationship influenced the price. Where it can be shown that the
buyer and seller, although related under the provisions of clause (i) of rule
2, buy from and sell to each other as if they were not related, this would
demonstrate that the price had been settled in a manner consistent with the
normal pricing practice of the concerned industry or with the way the seller
settles prices for sales to buyers who are not related to him, this would
demonstrate that the price has not been influenced by the relationship.
(2)
Where it is shown that the price is adequate to ensure recovery of all costs
plus a profit which is representative of the firm’s overall profit realized
over a representative period of time, for example, on an annual basis, in sales
of goods of the same class or kind, this would demonstrate that the price had
not been influenced.
CHAPTER III
PRIMARY METHOD OF VALUATION
8.
Price actually paid or payable.--
(1) The price actually paid or payable is the total payment made on to be made
by the buyer to or for the benefit of the seller for the imported goods. The
payment need not necessarily take the form of a transfer of money. It may be
made by way of letter of credit or negotiable instruments, or by cash or credit
or partly by cash and partly by credit and may be made directly or indirectly.
As example of an indirect payment would be the settlement by the buyer, whether
in whole or in parts, of a debt owed by the seller.
(2)
Activities undertaken by the buyer on his own account, other than those for
which an adjustment is provided in sub-section (2) of section 25 of the Act are
not considered to be an indirect payment to the seller, even though they might
be regarded as of benefit to the seller. The costs of such activities shall
not, therefore, be added to the price actually paid or payable in determining
the value of imported goods.
(3)
The customs value of imported goods shall not include the following charges or
costs, provided that they are distinguished from the price actually paid or
payable for the imported goods, namely:---
(i)
charges for construction, erection, assembly, maintenance or technical
assistance undertaken after importation of imported, goods such as industrial
plant, machinery or equipment;
(ii)
the cost of transport after importation; and
(iii)
duties and taxes in
(4)
The price actually paid or payable refers to the price of the imported goods.
Thus the flow of dividends or other payments from the buyer to the seller,
which do not relate to the imported goods, shall not be part of the customs
value.
9.
Restriction which do not affect value:-- Among restrictions which would not render a price actually
paid or payable unacceptable are restrictions which do not substantially affect
the value of the goods. An example of such restrictions would be the case where
a seller requires a buyer of automobiles not to sell or exhibit them prior to a
fixed date which represents the beginning of a model year.
10.
Restriction which affect value.--
If the sale or price is subject to some conditions or considerations for which
a value cannot be determined with respect to the goods being valued, the
transaction value shall not be acceptable for customs purposes.
For
examples:---
(a)
the seller establishes the price of the imported goods on condition that the
buyer will also buy other goods in specified quantities;
(b)
the price of the imported goods is dependent upon the price, or prices, at
which the buyer of the imported goods sells other goods to the seller of that
imported goods; or
(c)
the price is established on the basis of a form of payment extraneous to the
imported goods, such as where the imported goods are semi-finished goods which
have been provided by the seller on condition that he will receive a specified
quantity of the finished goods.
Explanation.--
Conditions or considerations relating to the production or marketing of the
imported goods shall not result in rejection of the transaction value. For
example, the fact that the buyer furnishes the seller with engineering and
plans undertaken in
11.
Transaction value acceptable in case of related parties.-- Where the buyer and seller are related, circumstances
surrounding the sale shall be examined and the transaction value shall be
accepted as the customs value of imported goods provided that the relationship
did not influence the price. Where the appropriate officer has no doubts about
the acceptability of the price, it may be accepted without requesting further
information from the importer. For example, the appropriate officer may have
previously examined the relationship, or he may already have detailed
information concerning the buyer and the seller, and may already be satisfied
from such examination or information that the relationship did not influence
the price.
CHAPTER IV
SECONDARY METHODS OR VALUATION
12.
Transaction value of identical goods.-- (1) In applying sub-section (5) of section 25 of the Act,
appropriate officer shall, wherever possible use a sale of identical goods at
the same commercial level and in substantially the save quantities as the goods
being valued. Where no such sale is found, a sale of identical goods that takes
place under any one of the following conditions may be used, namely:---
(i)
a sale at the same commercial level but in different quantities;
(ii)
a sale at different commercial level but in substantially the same quantities;
or
(iii)
a sale at a different commercial level and in different quantities.
(2)
Having found a sale under any one of the conditions referred to in sub-rule
(1), adjustments shall then be made, as the case may be, for the following,
namely:---
(i)
quantity factors only;
(ii)
commercial level factors only; or
(iii)
both commercial level and quantity factors.
(3)
For the purposes of sub-section (5) of section 25 of the Act, the transaction
value of identical imported goods means a value, adjusted as provided for in
clauses (a), (b) and (c) of sub-section (5) of that section, which has already
been accepted under sub-section (1) on the said section 25.
(4)
A condition for adjustment because of different commercial levels or different
quantities shall be that such adjustment, whether it leads to an increase or a
decrease in the value, be made only on the basis of demonstrated evidence that
clearly established the reasonableness and accuracy of the adjustment, e.g.,
valid price lists containing prices referred to different levels or different
quantities. As an example of this, if the imported goods being valued consist
of a shipment of ten units and the only identical goods for which a transaction
value exists involved a sale of five hundred units, and it is recognized that
the seller grants quantity discounts, the required adjustment may be
accomplished by resorting to the seller’s price list and using that price
applicable to a sale of ten units. This does not require that a sale had to
have been made in quantities of ten as long as the price list has been
established as being bona fide through sales at other quantities.
13.
Transaction value of similar goods.--
(1) In applying sub-section (6) of section 25 of the Act the appropriate
officer shall, wherever possible, use a sale of similar goods at the same
commercial level and in substantially the same quantities as the goods being
valued. For the purposes of sub-section (6) of the said section the transaction
value of similar imported goods means the value of imported goods, adjusted as
provided for in sub-section (2) thereof which has already been accepted under
sub-section (1) of that section.
(2)
The provisions of Rule-12 shall, mutatis mutandis, also apply in respect of
similar goods.
14.
Deductive value method.--
(1) For the purposes of this rule, the expression “unit price at which goods
are sold in the greatest aggregate quantity” means the price at which the
greatest number of units is sold in sales to persons who are not related to the
persons from whom they buy such goods at the first commercial level after
importation at which such sale takes place.
Explanation.--(i)
When goods are sold on the basis of a printed or advertised price list which
grants favourable unit prices for purchase made in larger quantities, the unit
price at which goods are sold in the greatest aggregate quantity shall be
ascertained as per the following example:---
|
|
Unit price |
Number of sales |
Total quantity sold at each price |
|
(1) |
(2) |
(3) |
(4) |
|
(i)
one to ten units |
100 |
10
sales of 5 units |
65 |
|
(ii)
Eleven to twenty five units. |
95 |
5
sales of 11 units |
55 |
|
(iii)
Over twenty five units. |
90 |
1
sale of 30 units |
80 |
Note.
In this example, the greatest number of units sold at a price is eighty,
therefore, the unit price in the greatest aggregate quantity is ninety.
(ii)
In case when these are two separate sales. For example, in the first sale five
hundred units are sold at a price of ninety five currency units each. In the
second sale four hundred units are sold at a price of ninety currency units
each. In this example, as the greatest number of units sold at a particular
price is five hundred, therefore, the unit price of the greatest aggregate
quantity shall be ninety-five.
(iii)
In case where various quantities are sold at various prices. For Example:---
|
(I)
Sales: |
|
|
Sales
Quantity |
Unit Price |
|
(1) |
(2) |
|
40
units |
100 |
|
30
units |
90 |
|
15
units |
100 |
|
50
units |
95 |
|
25
units |
105 |
|
35
units |
90 |
|
05
units |
100 |
|
(II)
Totals: |
|
|
Total
Quantity Sold |
Unit Price |
|
(1) |
(2) |
|
65 |
90 |
|
50 |
95 |
|
60 |
100 |
|
25 |
105 |
Note:-
In this example, the greatest number of units sold at a particular price is
sixty-five, therefore the unit price in the greatest quantity is ninety.
(2)
Any sale in Pakistan, as provide in sub-rule (1), to a person who supplies
directly or indirectly free of charge or at reduced cost for use in connection
with the production and sale for export of the imported goods any of the
elements specified in clause (c) of sub-rule (2) of section 25 of the Act shall
not be taken into account in establishing the unit price for the purposes of
sub-section (7) of section 25 of the Act.
(3)
For the purposes of the rules, the phrase “profit and general expenses” as used
in sub-clause (i) of clause (a) of sub-section (7) of section 25 of the Act,
shall be taken as a whole for the purpose of determination of value. The figure
for the purposes of this deduction shall be determined on the basis of
information supplied by or on behalf of, the importer unless his figures are
inconsistent with those obtained in sales in
(4)
Local taxes payable by reason of the sale of the goods for which a deduction is
not made under sub-clause (iv) of clause (a) of sub-section (7) of section 25
of the Act shall be deducted under sub-clause (i) of clause (a) of that
sub-section.
(5)
In determining either the commissions of the usual profits and general expenses
under clause (a) of sub-section (7) of section 25 of the Act the question
whether certain goods are “of the same class or kind” as other goods must be
determined on case to case basis by reference to the circumstances involved,
Sales in Pakistan of the narrowest group or range of imported goods of the same
class or kind, which includes the goods being valued, for which necessary
information can be provided, should be examined. For the purposes of
sub-section (7) of section 25 Act goods of the same-class or kind includes
goods imported from the same country as the goods being valued as well as goods
imported from other countries.
(6)
For the purpose of clause (b) of sub-section (7) of section 25 of the Act the
“earliest date” shall be the date by which sales of the imported goods or of
identical or similar goods are made in sufficient quantity to establish the
unit price.
(7)
Wherever the method of valuation provided in clause (c) of sub-section (7) of
section 25 of the Act is used, deductions made for the value added by further
processing shall be based on objective and quantifiable data relating to the
cost of such work. Accepted industry formulas, recipes, methods of
construction, and other industry practices would form the basis of the
calculations.
(8)
The method of valuation provided in clause (c) of sub-section (7) of section 25
of the Act shall normally not be applicable when, as a result of the further
processing, the imported goods lose their identity. However, there can be
instances where although the identity of the imported goods is lost, the value
added by the processing can be determined accurately without reasonable
difficulty. On the other hand, there can also be instances where the imported
goods maintain their identity but form such a minor element in the goods sold
in
15.
Computed value method.--
(1) As a general rule, customs-value shall be determined under sub-section (3)
of section 25 of the Act on the basis of information readily available in
(2)
For the purposes of these rules, “cost or value” referred to in clause (a) o
sub-section (8) of section 25 of the Act shall be determined on the basis of
information relating to the production of the goods being valued supplied by,
or on behalf of, the producer. Is shall be based on the commercial accounts of
the producer, provided that such accounts are consistent with the generally
accepted accounting principles applied in the country where the goods are
produced. The “cost or value” shall include the cost of elements specified in
sub-clauses (ii) and (iii) clause (b) of sub-section (2) of section 25 of the
Act. It shall also include the value, apportioned as appropriate under rule 17
of any element specified in clause (c) of sub-section (2) of section 25 of the
Act which has been supplied directly or indirectly by the buyer for the use in
connection with production of the imported goods. The value of the elements
specified in sub-clause (iv) of clause (b) of sub-section (2) of section 25 of
the Act which are undertaken in Pakistan shall be included only to the extent
that such elements are charged to the producer and no cost or value of the
elements referred to in this sub-section shall be counted twice in determining
the computed value.
(3)
For the purposes of these rules, the “amount for profit and general expenses”
referred to clause (b) of sub-section (8) of section 25 of the Act shall be
determined on the basis of information supplied by or on behalf of the producer
unless the producer’s figures are inconsistent with those usually reflected in
sales of goods of the same class or kind as the goods being valued which are made
by producers in the country of manufacture for export to Pakistan.
(4)
For the purpose of these rules the “amount for profit and general expenses”
referred to in clause (b) of sub-section (8) of section 25 of the Act shall be
taken as a whole. If producer’s profit figure is low and the producer’s general
expenses are high, the producer’s profit and general expenses, taken together,
shall nevertheless be consistent with that usually reflected in sales of goods
of the same class or kind. Where the producer can demonstrate a low profit on
sales of the imported goods because of particular commercial circumstances, the
producer’s actual profit figures should be taken into account provided that the
producer has valid commercial reasons to justify them and the producer’s
pricing policy reflects usual pricing policies in the branca of industry
concerned. Where the producer’s own figures for profit and general expenses are
no consistent with those usually reflected in sales of goods of the same class
or kind as the goods being valued which are made by producers in the country of
manufacture for export to Pakistan, the amount for profit and general expenses
may be based upon relevant information other than that supplied by or on behalf
of, the producer of the goods.
(5)
Where information other than that supplied by, or on behalf of, the producer is
used for the purposes of determining a computed value, the appropriate officer
shall inform the importer, if the latter’s so requests of the source of such
information, the data used and the calculation based upon such data, subject to
the provisions of rule 19.
(6)
For the purposes of these rules, the “general expenses” referred to in clause
(b) of sub-section (8) of section 25 of the Act, include the direct and
indirect costs of producing and selling the goods for export which are not
included under clause (a) of that sub-section.
(7)
For the purposes of clause (b) of sub-section (8) of section 25 of the Act
whether certain goods are “of the same class or kind” as other goods must be
determined on a case to case basis with reference to the circumstances
involved. In determining the usual profits and general expenses under
sub-section (8) of section 25 of the Act sales for export to
16.
Fall back method.-- (1)
Value of imported goods determined under sub-section (9) of section 25 of the
Act, shall, to the greatest extent possible be based on previously determined
customs values of identical goods assessed within ninety days.
(2)
The methods of valuation, to be employed under sub-section (9) of section 25 of
the Act may be those laid down in sub-sections (1), (5), (6), (7) and (8) of
the said section inclusive, but a reasonable flexibility in the application of
such methods would be in conformity with the aims and provisions of sub-section
(9) of that section.
Explanation.--
Some examples of reasonable flexibility are as follows, namely:---
(i)
Identical goods,---
(a)
the requirement that the identical goods shall be imported at or about the same
time as the goods being valued could be flexibly interpreted;
(b)
identical imported goods produced in a country other than the country of
exportation of the goods being valued could be the basis for customs valuation;
and
(c)
customs-values of identical imported goods already determined under sub-section
(7) and (8) of section 25 could be used.
(ii)
Similar goods,---
(a)
the requirement that the similar goods shall be imported at or about the same
time as the goods being valued could be flexibly interpreted;
(b)
similar imported goods produced in a country other than the country of
exportation of the goods being valued could be the basis for customs valuation;
and
(c)
customs-values of similar imported goods already determined under sub-section
(7) and (8) of section 25 of the Act could be used.
(iii)
Deductive method,---
The
requirement that the goods shall have been sold on the “condition as imported”
as provided in clause (a) of sub-section (7) of section 25 of the Act could be
flexibly interpreted, and the ninety days requirement could be administered
flexibly.
17.
Adjustment of value.-- (1)
For adjustment of value there shall be two factors involved in the
apportionment of the elements as specified in clause (c) of sub-section (2) of
section 25 of the Act to the imported goods, namely:---
(i)
the value of the element itself, and
(ii)
the way in which that value is to be apportioned to the imported goods. The
apportionment of these elements shall be made in a reasonable manner
appropriate to the circumstances and in accordance with generally accepted
accounting principles.
(2)
The value of the elements shall be adjusted as follows, namely:---
(i)
if the importer acquired the elements from a seller not related to him at a
given cost, the value of the element is that cost;
(ii)
if the element was produced by the importer or by a person related to him, its
value shall be the cost of producing it; and
(iii)
if the element had been previously used by the importer, regardless of whether
it had been acquired or produced by such importer, the original cost of
acquisition or production would have to be adjusted downward to select its use
in order to arrive at the value of the element.
(3)
Once a value has been determined or the element, it shall be apportioned to the
value of the imported goods, as follows, namely:---
(i)
the value might be apportioned to the first shipment if the importer wishes to
pay duty on the entire value at one time;
(ii)
the importer may request that the value be apportioned over the number of units
produced up to the time of the first shipment; or
(iii)
the importer may request that the value be apportioned over the entire
anticipated production where contract or firm commitments exist for that
production.
Explanation.--
If an importer provides the producer with a mould to be used in the production
of the imported goods and contracts with him to buy ten thousand units. By the
time of arrival of the first shipment of one thousand units, the producer has
already produced four thousand units. The importer may request the appropriate
officer to apportion the value of the mould over one thousand units, four
thousand units or ten thousand units.
(4)
Addition for the elements specified in sub-clause (iv) of clause (c) of
sub-section (2) of section 25 of the Act shall be based on objective and
quantifiable data. In order to minimize the burden for both the importer and
appropriate officer in determining the values to be added, data readily
available in the buyer’s commercial record should be used in so far as
possible.
(5)
For those elements supplied by the buyer which were purchased or leased by the
buyer, the addition shall be made for the cost of the purchase or the lease. No
addition shall be made for those elements available in the public domain, other
than the cost of obtaining copies of them.
(6)
Payments made by the importer for the right to distribute or resell the
imported goods shall not be added to the price actually paid or payable for the
imported goods if such payments are not a condition of the sale for export of
the goods to
(7)
Where objective and quantifiable data do no exist with regard to the additions
required to be made under clauses (b), (c), (d) and (e) of sub-section (2) of
section 25 of the Act the transaction value cannot be determined under the
provisions of sub-section (1) of section 25. As an illustration of this, a
royalty is paid on the basis of the price in a sale in
MISCELLANEOUS
18.
Use of generally accepted accounting principles.-- For the purposes of these rules, the
expression “generally accepted accounting principles” refers to the recognized
consensus or substantial authoritative support within Pakistan at a particular
time with regard to the following namely:---
(i)
as to which economic resources and obligations should be recorded as assets and
liabilities;
(ii)
which changes in assets and liabilities should be recorded;
(iii)
how the assets and liabilities such changes in them should be measured;
(iv)
what information should be disclosed and how it should be disclosed; and
(v)
which financial statements should by prepared.
19.
Confidentiality.-- All
information which is by nature confidential or which is provided on a
confidential basis for the purposes of customs valuation shall be treated as
strictly confidential by the authorities concerned who shall not disclose it
without the specific permission of the person or government providing such
information, except to the extent that it may be required to be disclosed in
the context of judicial proceedings.
20.
Dispute settlement.-- (1)
In case of dispute between the importer and the appropriate officer in respect
of the value of the goods being valued, the same shall be resolved in
consistent with the relevant provisions of the Customs Act, 1969 (IV of 1969).
(2)
Nothing contained in these rules shall bar the claim of the importer for
provisional release of goods under the section 81 of the Act or claim of the
customs to assess the goods under the section 80 of the Act read with section
26 thereof.
The Passenger’s Baggage (Import)
Rules, 1998
The Passenger (Non Tourists)
Baggage (Import) Rules, 1996
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