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CHAPTER XIV TRANSACTION VALUE. Transaction Value of Imported Merchandise Transaction Value of Identical Merchandise Transaction Value of Similar Merchandise Deductive Value Computed Value. Transaction Value of Imported Merchandise.
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CHAPTER XIV TRANSACTION VALUE • Transaction Value of Imported Merchandise • Transaction Value of Identical Merchandise • Transaction Value of Similar Merchandise • Deductive Value • Computed Value Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Imported Merchandise • The price actually paid or payable for the merchandise for exportation to the United States, • plus amounts for the following items if not included in the price • The packing costs incurred by the buyer. • Any selling commission incurred by the buyer • The value of any assist • Any royalty or license fee that the buyer is required to pay as a condition of the sale. Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Imported Merchandise • Assists • Items that the buyer provides free of charge or at a reduced cost for use in the production or sale of the goods for export to the United States • Materials, components, parts • Tools, dies, molds • Merchandise consumed in producing imported goods • Engineering, development, artwork, design work, and plans and sketches that are undertaken outside the United States Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Imported Merchandise • Exclusion • The freight, insurance and other expenses from the country of exportation to the place of importation in the U.S. • The costs for technical assistance after importation • Transportation cost after importation • Import duties and other Federal taxes Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Imported Merchandise • Limitations: The transaction value cannot be used as the appraised value • Restrictions on the disposition of the merchandise • Condition for which a value cannot be determined • Proceeds of any subsequent resale accruing to the seller, for which an appropriate adjustment to transaction value cannot be made • Related-party transactions where the transaction value is not acceptable. Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Imported Merchandise • For related-party transactions to be acceptable • Transaction value of identical merchandise or of similar merchandise sold to unrelated buyers in the U.S. • Deductive value or Computed value for identical or similar merchandise. • Value of the Advance Pricing Agreement(APA) with the Internal Revenue Service (IRS) Copyright(c) 2012 Dr. Chase C. Rhee
Alternative Valuations • Transaction Value of Identical Merchandise • Transaction Value of Similar Merchandise • Deductive Value • Computed Value Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Identical Merchandise • Identical in all respects to the merchandise being appraised • Produced in the same country as the merchandise being appraised • Produced by the same person as the merchandise being appraised • All three criteria or the first two criteria Copyright(c) 2012 Dr. Chase C. Rhee
Transaction Value of Similar Merchandise • Produced in the same country and by the same person • Like merchandise being appraised in characteristics and component materials • Commercially interchangeable with the merchandise being appraised • All three criteria or all other criteria but produced by the different person Copyright(c) 2012 Dr. Chase C. Rhee
Deductive Value • The resale price in the United States after importation of the merchandise, with deductions for certain items • Items to be deducted from the unit resale price • Commission or profit and general expenses • Transportation and insurance cost from the port of exportation to the place of resale. • Custom duties and federal taxes • Value of further processing • If an assist is involved, Deductive value cannot be used. Use the Computed Value instead. Copyright(c) 2012 Dr. Chase C. Rhee
Computed Value • The sum of various costs up to exportation • Materials, fabrication, and other processing • Profit and general expenses of the producer • Any assist, if not included in items 1) and 2) • Packing costs • Importer can designate either Deductive Value or Computed Value. Copyright(c) 2012 Dr. Chase C. Rhee