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海关估价协议英文版

AGREEMENT ON IMPLEMENTATION OF ARTICLE VII

OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

GENERAL INTRODUCTORY COMMENTARY

1. The primary basis for customs value under this Agreement is "transaction value" as defined in Article 1. Article 1 is to be read together with Article 8 which provides, inter alia, for adjustments to the price actually paid or payable in cases where certain specific elements which are considered to form a part of the value for customs purposes are incurred by the buyer but are not included in the price actually paid or payable for the imported goods. Article 8 also provides for the inclusion in the transaction value of certain considerations which may pass from the buyer to the seller in the form of specified goods or services rather than in the form of money. Articles 2 through 7 provide methods of determining the customs value whenever it cannot be determined under the provisions of Article 1.

2. Where the customs value cannot be determined under the provisions of Article 1 there should normally be a process of consultation between the customs administration and importer with a view to arriving at a basis of value under the provisions of Article 2 or

3. It may occur, for example, that the importer has information about the customs value of identical or similar imported goods which is not immediately available to the customs administration in the port of importation. On the other hand, the customs administration may have information about the customs value of identical or similar imported goods which is not readily available to the importer. A process of consultation between the two parties will enable information to be exchanged, subject to the requirements of commercial confidentiality, with a view to determining a proper basis of value for customs purposes.

3. Articles 5 and 6 provide two bases for determining the customs value where it cannot be determined on the basis of the transaction value of the imported goods or of identical or similar imported goods. Under paragraph 1 of Article 5 the customs value is determined on the basis of the price at which the goods are sold in the condition as imported to an unrelated buyer in the country of importation. The importer also has the right to have goods which are further processed after importation valued under the provisions of Article 5 if the importer so requests. Under Article 6 the customs value is determined on the basis of the computed value. Both these methods present certain difficulties and because of this the importer is given the right, under the provisions of Article 4, to choose the order of application of the two methods.

4. Article 7 sets out how to determine the customs value in cases where it cannot be determined under the provisions of any of the preceding Articles.

Members,

Having regard to the Multilateral Trade Negotiations;

Desiring to further the objectives of GATT 1994 and to secure additional benefits for the international trade of developing countries;

Recognizing the importance of the provisions of Article VII of GATT 1994 and desiring to elaborate rules for their application in order to provide greater uniformity and certainty in their implementation;

Recognizing the need for a fair, uniform and neutral system for the valuation of goods for customs purposes that precludes the use of arbitrary or fictitious customs values;

Recognizing that the basis for valuation of goods for customs purposes should, to the greatest extent possible, be the transaction value of the goods being valued;

Recognizing that customs value should be based on simple and equitable criteria consistent with commercial practices and that valuation procedures should be of general application without distinction between sources of supply;

Recognizing that valuation procedures should not be used to combat dumping;

Hereby agree as follows:

PART I

RULES ON CUSTOMS VALUATION

Article 1

1. The customs value of imported goods shall be the transaction value, that is the price actually paid or payable for the goods when sold for export to the country of importation adjusted in accordance with the provisions of Article 8, provided:

(a) that there are no restrictions as to the disposition or use of the goods by the

buyer other than restrictions which:

(i) are imposed or required by law or by the public authorities in the

country of importation;

(ii) limit the geographical area in which the goods may be resold; or

(iii) do not substantially affect the value of the goods;

(b) that the sale or price is not subject to some condition or consideration for

which a value cannot be determined with respect to the goods being valued;

(c) that no part of the proceeds of any subsequent resale, disposal or use of the

goods by the buyer will accrue directly or indirectly to the seller, unless an

appropriate adjustment can be made in accordance with the provisions of Article 8;

and

(d) that the buyer and seller are not related, or where the buyer and seller are

related, that the transaction value is acceptable for customs purposes under the

provisions of paragraph 2.

2. (a) In determining whether the transaction value is acceptable for the

purposes of paragraph 1, the fact that the buyer and the seller are related within the

meaning of Article 15 shall not in itself be grounds for regarding the transaction value

as unacceptable. In such case the circumstances surrounding the sale shall be

examined and the transaction value shall be accepted provided that the relationship

did not influence the price. If, in the light of information provided by the importer

or otherwise, the customs administration has grounds for considering that the

relationship influenced the price, it shall communicate its grounds to the importer and

the importer shall be given a reasonable opportunity to respond. If the importer so

requests, the communication of the grounds shall be in writing.

(b) In a sale between related persons, the transaction value shall be accepted and

the goods valued in accordance with the provisions of paragraph 1 whenever the

importer demonstrates that such value closely approximates to one of the following

occurring at or about the same time:

(i) the transaction value in sales to unrelated buyers of identical or

similar goods for export to the same country of importation;

(ii) the customs value of identical or similar goods as determined under

the provisions of Article 5;

(iii) the customs value of identical or similar goods as determined under

the provisions of Article 6;

In applying the foregoing tests, due account shall be taken of demonstrated

differences in commercial levels, quantity levels, the elements enumerated in

Article 8 and costs incurred by the seller in sales in which the seller and the buyer are

not related that are not incurred by the seller in sales in which the seller and the buyer

are related.

(c) The tests set forth in paragraph 2(b) are to be used at the initiative of the

importer and only for comparison purposes. Substitute values may not be

established under the provisions of paragraph 2(b).

Article 2

1. (a) If the customs value of the imported goods cannot be determined

under the provisions of Article 1, the customs value shall be the transaction value of

identical goods sold for export to the same country of importation and exported at or

about the same time as the goods being valued.

(b) In applying this Article, the transaction value of identical goods in a sale at

the same commercial level and in substantially the same quantity as the goods being

valued shall be used to determine the customs value. Where no such sale is found,

the transaction value of identical goods sold at a different commercial level and/or in

different quantities, adjusted to take account of differences attributable to commercial

level and/or to quantity, shall be used, provided that such adjustments can be made on

the basis of demonstrated evidence which clearly establishes the reasonableness and

accuracy of the adjustment, whether the adjustment leads to an increase or a decrease

in the value.

2. Where the costs and charges referred to in paragraph 2 of Article 8 are included in the transaction value, an adjustment shall be made to take account of significant differences in such costs and charges between the imported goods and the identical goods in question arising from differences in distances and modes of transport.

3. If, in applying this Article, more than one transaction value of identical goods is found, the lowest such value shall be used to determine the customs value of the imported goods.

Article 3

1. (a) If the customs value of the imported goods cannot be determined

under the provisions of Articles 1 and 2, the customs value shall be the transaction

value of similar goods sold for export to the same country of importation and

exported at or about the same time as the goods being valued.

(b) In applying this Article, the transaction value of similar goods in a sale at the

same commercial level and in substantially the same quantity as the goods being

valued shall be used to determine the customs value. Where no such sale is found,

the transaction value of similar goods sold at a different commercial level and/or in

different quantities, adjusted to take account of differences attributable to commercial

level and/or to quantity, shall be used, provided that such adjustments can be made on

the basis of demonstrated evidence which clearly establishes the reasonableness and

accuracy of the adjustment, whether the adjustment leads to an increase or a decrease

in the value.

2. Where the costs and charges referred to in paragraph 2 of Article 8 are included in the transaction value, an adjustment shall be made to take account of significant differences in such costs and charges between the imported goods and the similar goods in question arising from differences in distances and modes of transport.

3. If, in applying this Article, more than one transaction value of similar goods is found, the lowest such value shall be used to determine the customs value of the imported goods.

Article 4

If the customs value of the imported goods cannot be determined under the provisions of Articles 1, 2 and 3, the customs value shall be determined under the provisions of Article 5 or, when the customs value cannot be determined under that Article, under the provisions of Article 6 except that, at the request of the importer, the order of application of Articles 5 and 6 shall be reversed.

Article 5

1. (a) If the imported goods or identical or similar imported goods are sold

in the country of importation in the condition as imported, the customs value of the

imported goods under the provisions of this Article shall be based on the unit price at

which the imported goods or identical or similar imported goods are so sold in the

greatest aggregate quantity, at or about the time of the importation of the goods being

valued, to persons who are not related to the persons from whom they buy such goods,

subject to deductions for the following:

(i) either the commissions usually paid or agreed to be paid or the

additions usually made for profit and general expenses in connection with

sales in such country of imported goods of the same class or kind;

(ii) the usual costs of transport and insurance and associated costs

incurred within the country of importation;

(iii) where appropriate, the costs and charges referred to in paragraph 2 of

Article 8; and

(iv) the customs duties and other national taxes payable in the country of

importation by reason of the importation or sale of the goods.

(b) If neither the imported goods nor identical nor similar imported goods are

sold at or about the time of importation of the goods being valued, the customs value

shall, subject otherwise to the provisions of paragraph 1(a), be based on the unit price

at which the imported goods or identical or similar imported goods are sold in the

country of importation in the condition as imported at the earliest date after the

importation of the goods being valued but before the expiration of 90 days after such

importation.

2. If neither the imported goods nor identical nor similar imported goods are sold in the country of importation in the condition as imported, then, if the importer so requests, the customs value shall be based on the unit price at which the imported goods, after further processing, are sold in the greatest aggregate quantity to persons in the country of importation who are not related to the persons from whom they buy such goods, due allowance being made for the value added by such processing and the deductions provided for in paragraph 1(a).

Article 6

1. The customs value of imported goods under the provisions of this Article shall be based on a computed value. Computed value shall consist of the sum of:

(a) the cost or value of materials and fabrication or other processing employed in

producing the imported goods;

(b) an amount for profit and general expenses equal to that 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 exportation for export to the country of importation;

(c) the cost or value of all other expenses necessary to reflect the valuation

option chosen by the Member under paragraph 2 of Article 8 .

2. No Member may require or compel any person not resident in its own territory to produce for examination, or to allow access to, any account or other record for the purposes of determining a computed value. However, information supplied by the producer of the goods for the purposes of determining the customs value under the provisions of this Article may be verified in another country by the authorities of the country of importation with the agreement of the producer and provided they give sufficient advance notice to the government of the country in question and the latter does not object to the investigation.

Article 7

1. If the customs value of the imported goods cannot be determined under the provisions of Articles 1 through 6, inclusive, the customs value shall be determined using reasonable means consistent with the principles and general provisions of this Agreement and of Article VII of GATT 1994 and on the basis of data available in the country of importation.

2. No customs value shall be determined under the provisions of this Article on the basis of:

(a) the selling price in the country of importation of goods produced in such

country;

(b) a system which provides for the acceptance for customs purposes of the

higher of two alternative values;

(c) the price of goods on the domestic market of the country of exportation;

(d) the cost of production other than computed values which have been

determined for identical or similar goods in accordance with the provisions of Article

6;

(e) the price of the goods for export to a country other than the country of

importation;

(f) minimum customs values; or

(g) arbitrary or fictitious values.

3. If the importer so requests, the importer shall be informed in writing of the customs value determined under the provisions of this Article and the method used to determine such value.

Article 8

1. In determining the customs value under the provisions of Article 1, there shall be added to the price actually paid or payable for the imported goods:

(a) the following, to the extent that they are incurred by the buyer but are not

included in the price actually paid or payable for the goods:

(i) commissions and brokerage, except buying commissions;

(ii) the cost of containers which are treated as being one for customs

purposes with the goods in question;

(iii) the cost of packing whether for labour or materials;

(b) the value, apportioned as appropriate, of the following goods and services

where supplied directly or indirectly by the buyer free of charge or at reduced cost for

use in connection with the production and sale for export of the imported goods, to

the extent that such value has not been included in the price actually paid or payable:

(i) materials, components, parts and similar items incorporated in the

imported goods;

(ii) tools, dies, moulds and similar items used in the production of the

imported goods;

(iii) materials consumed in the production of the imported goods;

(iv) engineering, development, artwork, design work, and plans and

sketches undertaken elsewhere than in the country of importation and

necessary for the production of the imported goods;

(c) royalties and licence fees related to the goods being valued that the buyer

must pay, either directly or indirectly, as a condition of sale of the goods being valued,

to the extent that such royalties and fees are not included in the price actually paid or

payable;

(d) the value of any part of the proceeds of any subsequent resale, disposal or use

of the imported goods that accrues directly or indirectly to the seller.

2. In framing its legislation, each Member shall provide for the inclusion in or the exclusion from the customs value, in whole or in part, of the following:

(a) the cost of transport of the imported goods to the port or place of importation;

(b) loading, unloading and handling charges associated with the transport of the

imported goods to the port or place of importation; and

(c) the cost of insurance.

3. Additions to the price actually paid or payable shall be made under this Article only on the basis of objective and quantifiable data.

4. No additions shall be made to the price actually paid or payable in determining the customs value except as provided in this Article.

Article 9

1. Where the conversion of currency is necessary for the determination of the customs value, the rate of exchange to be used shall be that duly published by the competent authorities of the country of importation concerned and shall reflect as effectively as possible, in respect of the period covered by each such document of publication, the current value of such currency in commercial transactions in terms of the currency of the country of importation.

2. The conversion rate to be used shall be that in effect at the time of exportation or the time of importation, as provided by each Member.

Article 10

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.

Article 11

1. The legislation of each Member shall provide in regard to a determination of customs value for the right of appeal, without penalty, by the importer or any other person liable for the payment of the duty.

2. An initial right of appeal without penalty may be to an authority within the customs administration or to an independent body, but the legislation of each Member shall provide for the right of appeal without penalty to a judicial authority.

3. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. The appellant shall also be informed of any rights of further appeal.

Article 12

Laws, regulations, judicial decisions and administrative rulings of general application giving effect to this Agreement shall be published in conformity with Article X of GATT 1994 by the country of importation concerned.

Article 13

If, in the course of determining the customs value of imported goods, it becomes necessary to delay the final determination of such customs value, the importer of the goods shall nevertheless be able to withdraw them from customs if, where so required, the importer provides sufficient guarantee in the form of a surety, a deposit or some other appropriate instrument, covering the ultimate payment of customs duties for which the goods may be liable. The legislation of each Member shall make provisions for such circumstances.

Article 14

The notes at Annex I to this Agreement form an integral part of this Agreement and the Articles of this Agreement are to be read and applied in conjunction with their respective notes. Annexes II and III also form an integral part of this Agreement.

Article 15

1. In this Agreement:

(a) "customs value of imported goods" means the value of goods for the purposes

of levying ad valorem duties of customs on imported goods;

(b) "country of importation" means country or customs territory of importation;

and

(c) "produced" includes grown, manufactured and mined.

2. In this Agreement:

(a) "identical goods" means goods which are the same in all respects, including

physical characteristics, quality and reputation. Minor differences in appearance

would not preclude goods otherwise conforming to the definition from being regarded

as identical;

(b) "similar goods" means goods which, although not alike in all respects, have

like characteristics and like component materials which enable them to perform the

same functions and to be commercially interchangeable. The quality of the goods,

their reputation and the existence of a trademark are among the factors to be

considered in determining whether goods are similar;

(c) the terms "identical goods" and "similar goods" do not include, as the case

may be, goods which incorporate or reflect engineering, development, artwork,

design work, and plans and sketches for which no adjustment has been made under

paragraph 1(b)(iv) of Article 8 because such elements were undertaken in the country

of importation;

(d) goods shall not be regarded as "identical goods" or "similar goods" unless

they were produced in the same country as the goods being valued;

(e) goods produced by a different person shall be taken into account only when

there are no identical goods or similar goods, as the case may be, produced by the

same person as the goods being valued.

3. In this Agreement "goods of the same class or kind" means goods which fall within a group or range of goods produced by a particular industry or industry sector, and includes identical or similar goods.

4. For the purposes of this Agreement, persons shall be deemed to be related only if:

(a) they are officers or directors of one another's businesses;

(b) they are legally recognized partners in business;

(c) they are employer and employee;

(d) any person directly or indirectly owns, controls or holds 5 per cent or more of

the outstanding voting stock or shares of both of them;

(e) one of them directly or indirectly controls the other;

(f) both of them are directly or indirectly controlled by a third person;

(g) together they directly or indirectly control a third person; or

(h) they are members of the same family.

5. Persons who are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other shall be deemed to be related for the purposes of this Agreement if they fall within the criteria of paragraph 4.

Article 16

Upon written request, the importer shall have the right to an explanation in writing from the customs administration of the country of importation as to how the customs value of the importer’s goods was determined.

Article 17

Nothing in this Agreement shall be construed as restricting or calling into question the rights of customs administrations to satisfy themselves as to the truth or accuracy of any statement, document or declaration presented for customs valuation purposes.

PART II

ADMINISTRATION, CONSULTATIONS AND DISPUTE SETTLEMENT

Article 18

Institutions

1. There is hereby established a Committee on Customs Valuation (referred to in this Agreement as "the Committee") composed of representatives from each of the Members. The Committee shall elect its own Chairman and shall normally meet once a year, or as is otherwise envisaged by the relevant provisions of this Agreement, for the purpose of affording Members the opportunity to consult on matters relating to the administration of the customs valuation system by any Member as it might affect the operation of this Agreement or the furtherance of its objectives and carrying out such other responsibilities as may be assigned to it by the Members. The WTO Secretariat shall act as the secretariat to the Committee.

2. There shall be established a Technical Committee on Customs Valuation (referred to in this Agreement as "the Technical Committee") under the auspices of the Customs Co-operation Council (referred to in this Agreement as "the CCC"), which shall carry out the responsibilities described in Annex II to this Agreement and shall operate in accordance with the rules of procedure contained therein.

Article 19

Consultation s and Dispute Settlement

1. Except as otherwise provided herein, the Dispute Settlement Understanding is applicable to consultations and the settlement of disputes under this Agreement.

2. If any Member considers that any benefit accruing to it, directly or indirectly, under this Agreement is being nullified or impaired, or that the achievement of any objective of this Agreement is being impeded, as a result of the actions of another Member or of other Members, it may, with a view to reaching a mutually satisfactory solution of this matter, request consultations with the Member or Members in question. Each Member shall afford sympathetic consideration to any request from another Member for consultations.

3. The Technical Committee shall provide, upon request, advice and assistance to Members engaged in consultations.

4. At the request of a party to the dispute, or on its own initiative, a panel established to examine

a dispute relating to the provisions of this Agreement may request the Technical Committee to carry out an examination of any questions requiring technical consideration. The panel shall determine the terms of reference of the Technical Committee for the particular dispute and set a time period for receipt of the report of the Technical Committee. The panel shall take into consideration the report of the Technical Committee. In the event that the Technical Committee is unable to reach consensus on a matter referred to it pursuant to this paragraph, the panel should afford the parties to the dispute an opportunity to present their views on the matter to the panel.

5. Confidential information provided to the panel shall not be disclosed without formal authorization from the person, body or authority providing such information. Where such information is requested from the panel but release of such information by the panel is not authorized,

a non-confidential summary of this information, authorized by the person, body or authority providing the information, shall be provided.

PART III

SPECIAL AND DIFFERENTIAL TREATMENT

Article 20

1. Developing country Members not party to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade done on 12 April 1979 may delay application of the provisions of this Agreement for a period not exceeding five years from the date of entry into force of the WTO Agreement for such Members. Developing country Members who choose to delay application of this Agreement shall notify the Director-General of the WTO accordingly.

2. In addition to paragraph 1, developing country Members not party to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade done on 12 April 1979 may delay application of paragraph 2(b)(iii) of Article 1 and Article 6 for a period not exceeding three years following their application of all other provisions of this Agreement. Developing country Members that choose to delay application of the provisions specified in this paragraph shall notify the Director-General of the WTO accordingly.

3. Developed country Members shall furnish, on mutually agreed terms, technical assistance to developing country Members that so request. On this basis developed country Members shall draw up programmes of technical assistance which may include, inter alia, training of personnel, assistance in preparing implementation measures, access to sources of information regarding customs valuation methodology, and advice on the application of the provisions of this Agreement.

PART IV

FINAL PROVISIONS

Article 21

Reservations

Reservations may not be entered in respect of any of the provisions of this Agreement without the consent of the other Members.

Article 22

National Legislation

1. Each Member shall ensure, not later than the date of application of the provisions of this Agreement for it, the conformity of its laws, regulations and administrative procedures with the provisions of this Agreement.

2. Each Member shall inform the Committee of any changes in its laws and regulations relevant to this Agreement and in the administration of such laws and regulations.

Article 23

Review

The Committee shall review annually the implementation and operation of this Agreement taking into account the objectives thereof. The Committee shall annually inform the Council for Trade in Goods of developments during the period covered by such reviews.

Article 24

Secretariat

This Agreement shall be serviced by the WTO Secretariat except in regard to those responsibilities specifically assigned to the Technical Committee, which will be serviced by the CCC Secretariat.

ANNEX I

INTERPRETATIVE NOTES

General Note

Sequential Application of Valuation Methods

1. Articles 1 through 7 define how the customs value of imported goods is to be determined under the provisions of this Agreement. The methods of valuation are set out in a sequential order of application. The primary method for customs valuation is defined in Article 1 and imported goods are to be valued in accordance with the provisions of this Article whenever the conditions prescribed therein are fulfilled.

2. Where the customs value cannot be determined under the provisions of Article 1, it is to be determined by proceeding sequentially through the succeeding Articles to the first such Article under which the customs value can be determined. Except as provided in Article 4, it is only when the customs value cannot be determined under the provisions of a particular Article that the provisions of the next Article in the sequence can be used.

3. If the importer does not request that the order of Articles 5 and 6 be reversed, the normal order of the sequence is to be followed. If the importer does so request but it then proves impossible to determine the customs value under the provisions of Article 6, the customs value is to be determined under the provisions of Article 5, if it can be so determined.

4. Where the customs value cannot be determined under the provisions of Articles 1 through 6 it is to be determined under the provisions of Article 7.

Use of Generally Accepted Accounting Principles

1. "Generally accepted accounting principles" refers to the recognized consensus or substantial authoritative support within a country at a particular time as to which economic resources and obligations should be recorded as assets and liabilities, which changes in assets and liabilities should be recorded, how the assets and liabilities and changes in them should be measured, what information should be disclosed and how it should be disclosed, and which financial statements should be

prepared. These standards may be broad guidelines of general application as well as detailed practices and procedures.

2. For the purposes of this Agreement, the customs administration of each Member shall utilize information prepared in a manner consistent with generally accepted accounting principles in the country which is appropriate for the Article in question. For example, the determination of usual profit and general expenses under the provisions of Article 5 would be carried out utilizing information prepared in a manner consistent with generally accepted accounting principles of the country of importation. On the other hand, the determination of usual profit and general expenses under the provisions of Article 6 would be carried out utilizing information prepared in a manner consistent with generally accepted accounting principles of the country of production. As a further example, the determination of an element provided for in paragraph 1(b)(ii) of Article 8 undertaken in the country of importation would be carried out utilizing information in a manner consistent with the generally accepted accounting principles of that country.

Note to Article 1

Price Actually Paid or Payable

1. The price actually paid or payable is the total payment made or 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. Payment may be made by way of letters of credit or negotiable instruments. Payment may be made directly or indirectly. An example of an indirect payment would be the settlement by the buyer, whether in whole or in part, of a debt owed by the seller.

2. Activities undertaken by the buyer on the buyer's own account, other than those for which an adjustment is provided in Article 8, 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 customs value.

3. The customs value shall not include the following charges or costs, provided that they are distinguished from the price actually paid or payable for the imported goods:

(a) charges for construction, erection, assembly, maintenance or technical

assistance, undertaken after importation on imported goods such as industrial plant,

machinery or equipment;

(b) the cost of transport after importation;

(c) duties and taxes of the country of importation.

4. The price actually paid or payable refers to the price for the imported goods. Thus the flow of dividends or other payments from the buyer to the seller that do not relate to the imported goods are not part of the customs value.

Paragraph 1(a)(iii)

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.

Paragraph 1(b)

1. If the sale or price is subject to some condition or consideration for which a value cannot be determined with respect to the goods being valued, the transaction value shall not be acceptable for customs purposes. Some examples of this include:

(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 the imported goods;

(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 the seller will receive a specified

quantity of the finished goods.

2. However, 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 the country of importation shall not result in rejection of the transaction value for the purposes of Article 1. Likewise, if the buyer undertakes on the buyer’s own ac count, even though by agreement with the seller, activities relating to the marketing of the imported goods, the value of these activities is not part of the customs value nor shall such activities result in rejection of the transaction value.

Paragraph 2

1. Paragraphs 2(a) and 2(b) provide different means of establishing the acceptability of a transaction value.

2. Paragraph 2(a) provides that where the buyer and the seller are related, the circumstances surrounding the sale shall be examined and the transaction value shall be accepted as the customs value provided that the relationship did not influence the price. It is not intended that there should be an examination of the circumstances in all cases where the buyer and the seller are related. Such examination will only be required where there are doubts about the acceptability of the price. Where the customs administration have no doubts about the acceptability of the price, it should be accepted without requesting further information from the importer. For example, the customs administration may have previously examined the relationship, or it 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.

3. Where the customs administration is unable to accept the transaction value without further inquiry, it should give the importer an opportunity to supply such further detailed information as may be necessary to enable it to examine the circumstances surrounding the sale. In this context, the customs administration should be prepared to 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 Article 15, buy from and sell to each other as if they were not related, this would demonstrate that the price had not been influenced by the relationship. As an example of this, if the price had been settled in a manner consistent with the normal pricing practices of the industry in question or with the way the seller settles prices for sales to buyers who are not related to the seller, this would demonstrate that the price had not been influenced by the relationship. As a further example, 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 (e.g. on an annual basis) in sales of goods of the same class or kind, this would demonstrate that the price had not been influenced.

4. Paragraph 2(b) provides an opportunity for the importer to demonstrate that the transaction value closely approximates to a "test" value previously accepted by the customs administration and is therefore acceptable under the provisions of Article 1. Where a test under paragraph 2(b) is met, it is not necessary to examine the question of influence under paragraph 2(a). If the customs administration has already sufficient information to be satisfied, without further detailed inquiries, that one of the tests provided in paragraph 2(b) has been met, there is no reason for it to require the importer to demonstrate that the test can be met. In paragraph 2(b) the term "unrelated buyers" means buyers who are not related to the seller in any particular case.

Paragraph 2(b)

A number of factors must be taken into consideration in determining whether one value "closely approximates" to another value. These factors include the nature of the imported goods, the nature of the industry itself, the season in which the goods are imported, and, whether the difference in values is commercially significant. Since these factors may vary from case to case, it would be impossible to apply a uniform standard such as a fixed percentage, in each case. For example, a small difference in value in a case involving one type of goods could be unacceptable while a large difference in a case involving another type of goods might be acceptable in determining whether the transaction value closely approximates to the "test" values set forth in paragraph 2(b) of Article 1.

Note to Article 2

1. In applying Article 2, the customs administration shall, wherever possible, use a sale of identical goods at the same commercial level and in substantially the same 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 three conditions may be used:

(a) a sale at the same commercial level but in different quantities;

(b) a sale at a different commercial level but in substantially the same quantities;

or

(c) a sale at a different commercial level and in different quantities.

2. Having found a sale under any one of these three conditions adjustments will then be made, as the case may be, for:

(a) quantity factors only;

(b) commercial level factors only; or

(c) both commercial level and quantity factors.

3. The expression "and/or" allows the flexibility to use the sales and make the necessary adjustments in any one of the three conditions described above.

4. For the purposes of Article 2, the transaction value of identical imported goods means a customs value, adjusted as provided for in paragraphs 1(b) and 2, which has already been accepted under Article 1.

5. A condition for adjustment because of different commercial levels or different quantities is 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 establishes the reasonableness and accuracy of the adjustments, e.g. valid price lists containing prices referring to different levels or different quantities. As an example of this, if the imported goods being valued consist of a shipment of 10 units and the only identical imported goods for which a transaction value exists involved a sale of 500 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 10 units. This does not require that a sale had to have been made in quantities of 10 as long as the price list has been established as being bona fide through sales at other quantities. In the absence of such an objective measure, however, the determination of a customs value under the provisions of Article 2 is not appropriate.

Note to Article 3

1. In applying Article 3, the customs administration 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. Where no such sale is found, a sale of similar goods that takes place under any one of the following three conditions may be used:

(a) a sale at the same commercial level but in different quantities;

(b) a sale at a different commercial level but in substantially the same quantities;

or

(c) a sale at a different commercial level and in different quantities.

2. Having found a sale under any one of these three conditions adjustments will then be made, as the case may be, for:

(a) quantity factors only;

(b) commercial level factors only; or

(c) both commercial level and quantity factors.

3. The expression "and/or" allows the flexibility to use the sales and make the necessary adjustments in any one of the three conditions described above.

4. For the purpose of Article 3, the transaction value of similar imported goods means a customs value, adjusted as provided for in paragraphs 1(b) and 2, which has already been accepted under Article 1.

5. A condition for adjustment because of different commercial levels or different quantities is 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 establishes the reasonableness and accuracy of the adjustment, e.g. valid price lists containing prices referring to different levels or different quantities. As an example of this, if the imported goods being valued consist of a shipment of 10 units and the only similar imported goods for which a transaction value exists involved a sale of 500 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 10 units. This does not require that a sale had to have been made in quantities of 10 as long as the price list has been established as being bona fide through sales at other quantities. In the absence of such an objective

measure, however, the determination of a customs value under the provisions of Article 3 is not appropriate.

Note to Article 5

1. The term "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 sales take place.

2. As an example of this, goods are sold from a price list which grants favourable unit prices for purchases made in larger quantities.

Sale quantity Unit price Number of sales

Total quantity sold at each price

1-10 units 100 10 sales of 5 units

5 sales of 3 units

65

11-25 units 95 5 sales of 11 units 55

over 25 units 90 1 sale of 30 units

1 sale of 50 units

80

The greatest number of units sold at a price is 80; therefore, the unit price in the greatest aggregate quantity is 90.

3. As another example of this, two sales occur. In the first sale 500 units are sold at a price of 95 currency units each. In the second sale 400 units are sold at a price of 90 currency units each. In this example, the greatest number of units sold at a particular price is 500; therefore, the unit price in the greatest aggregate quantity is 95.

4. A third example would be the following situation where various quantities are sold at various prices.

(a) Sales

Sale quantity Unit price

40 units 100

30 units 90

15 units 100

50 units 95

25 units 105

35 units 90

5 units 100

(b) Totals

Total quantity sold Unit price

65 90

50 95

60 100

25 105

In this example, the greatest number of units sold at a particular price is 65; therefore, the unit price in the greatest aggregate quantity is 90.

5. Any sale in the importing country, as described in paragraph 1 above, 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 paragraph 1(b) of Article 8, should not be taken into account in establishing the unit price for the purposes of Article 5.

6. It should be noted that "profit and general expenses" referred to in paragraph 1 of Article 5 should be taken as a whole. The figure for the purposes of this deduction should be determined on the basis of information supplied by or on behalf of the importer unless the importer's figures are inconsistent with those obtained in sales in the country of importation of imported goods of the same class or kind. Where the importer's figures are inconsistent with such figures, the amount for profit and general expenses may be based upon relevant information other than that supplied by or on behalf of the importer.

7. The "general expenses" include the direct and indirect costs of marketing the goods in question.

8. Local taxes payable by reason of the sale of the goods for which a deduction is not made under the provisions of paragraph 1(a)(iv) of Article 5 shall be deducted under the provisions of paragraph 1(a)(i) of Article 5.

9. In determining either the commissions or the usual profits and general expenses under the provisions of paragraph 1 of Article 5, the question whether certain goods are "of the same class or kind" as other goods must be determined on a case-by-case basis by reference to the circumstances involved. Sales in the country of importation of the narrowest group or range of imported goods of the same class or kind, which includes the goods being valued, for which the necessary information can be provided, should be examined. For the purposes of Article 5, "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.

10. For the purposes of paragraph 1(b) of Article 5, the "earliest date" shall be the date by which sales of the imported goods or of identical or similar imported goods are made in sufficient quantity to establish the unit price.

11. Where the method in paragraph 2 of Article 5 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.

12. It is recognized that the method of valuation provided for in paragraph 2 of Article 5 would 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 unreasonable 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 the country of importation that the use of this valuation method would be unjustified. In view of the above, each situation of this type must be considered on a case-by-case basis.

Note to Article 6

1. As a general rule, customs value is determined under this Agreement on the basis of information readily available in the country of importation. In order to determine a computed value, however, it may be necessary to examine the costs of producing the goods being valued and other information which has to be obtained from outside the country of importation. Furthermore, in most cases the producer of the goods will be outside the jurisdiction of the authorities of the country of importation. The use of the computed value method will generally be limited to those cases where the buyer and seller are related, and the producer is prepared to supply to the authorities of the country of importation the necessary costings and to provide facilities for any subsequent verification which may be necessary.

2. The "cost or value" referred to in paragraph 1(a) of Article 6 is to be determined on the basis of information relating to the production of the goods being valued supplied by or on behalf of the producer. It is to be based upon 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.

3. The "cost or value" shall include the cost of elements specified in paragraphs 1(a)(ii) and (iii) of Article 8. It shall also include the value, apportioned as appropriate under the provisions of the relevant note to Article 8, of any element specified in paragraph 1(b) of Article 8 which has been supplied directly or indirectly by the buyer for use in connection with the production of the imported goods. The value of the elements specified in paragraph 1(b)(iv) of Article 8 which are undertaken in the country of importation shall be included only to the extent that such elements are charged to the producer. It is to be understood that no cost or value of the elements referred to in this paragraph shall be counted twice in determining the computed value.

4. The "amount for profit and general expenses" referred to in paragraph 1(b) of Article 6 is to 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 exportation for export to the country of importation.

5. It should be noted in this context that the "amount for profit and general expenses" has to be taken as a whole. It follows that if, in any particular case, the producer's profit figure is low and the producer's general expenses are high, the producer's profit and general expenses taken together may nevertheless be consistent with that usually reflected in sales of goods of the same class or kind. Such a situation might occur, for example, if a product were being launched in the country of importation and the producer accepted a nil or low profit to offset high general expenses associated with the launch. 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 branch of industry concerned. Such a situation might occur, for example, where producers have been forced to lower prices temporarily

because of an unforeseeable drop in demand, or where they sell goods to complement a range of goods being produced in the country of importation and accept a low profit to maintain competitivity. Where the producer's own figures for profit and general expenses are not 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 exportation for export to the country of importation, 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.

6. Where information other than that supplied by or on behalf of the producer is used for the purposes of determining a computed value, the authorities of the importing country shall inform the importer, if the latter so requests, of the source of such information, the data used and the calculations based upon such data, subject to the provisions of Article 10.

7. The "general expenses" referred to in paragraph 1(b) of Article 6 covers the direct and indirect costs of producing and selling the goods for export which are not included under paragraph 1(a) of Article 6.

8. Whether certain goods are "of the same class or kind" as other goods must be determined on a case-by-case basis with reference to the circumstances involved. In determining the usual profits and general expenses under the provisions of Article 6, sales for export to the country of importation of the narrowest group or range of goods, which includes the goods being valued, for which the necessary information can be provided, should be examined. For the purposes of Article 6, "goods of the same class or kind" must be from the same country as the goods being valued.

Note to Article 7

1. Customs values determined under the provisions of Article 7 should, to the greatest extent possible, be based on previously determined customs values.

2. The methods of valuation to be employed under Article 7 should be those laid down in Articles 1 through 6 but a reasonable flexibility in the application of such methods would be in conformity with the aims and provisions of Article 7.

3. Some examples of reasonable flexibility are as follows:

(a) Identical goods - the requirement that the identical goods should be exported

at or about the same time as the goods being valued could be flexibly interpreted;

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; customs values

of identical imported goods already determined under the provisions of Articles 5 and

6 could be used.

(b) Similar goods - the requirement that the similar goods should be exported at

or about the same time as the goods being valued could be flexibly interpreted;

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; customs values of

similar imported goods already determined under the provisions of Articles 5 and 6

could be used.

(c) Deductive method - the requirement that the goods shall have been sold in the

"condition as imported" in paragraph 1(a) of Article 5 could be flexibly interpreted;

the "90 days" requirement could be administered flexibly.

海关估价协议

海关估价协议评述 (1)海关估价的概念。海关估价是指一国(地区)在对外贸易中为执行关税政策,根据法定的价格标准和程序,为征收关税而确定某进出口商品完税价格的行为或过程。 海关估价是国际贸易中的一个重要环节,是为征收从价关税而产生的一项工作程序。以货物的交易价格作为征收进出口关税基础的从价关税是世界各国和地区使用得最广泛的一种关税措施。征收从价关税的关键是有关商品的交易价格,然而,同种商品在同一报关时间可能会有好几种交易价格。多数商品会因交易时间、交易数量、交易方式、交易条件等方面的不同而有很大的价格差异;国际商务活动中可能存在的不正当商业行为会影响交易价格的真实性;甚至有些情况下货物在通关时根本就不存在交易价格(例如委托寄售的商品),于是就产生了如何确认合理的交易价格以便按从价关税计征进出口关税的问题。为此,海关当局对任何一种适用于从价关税的进出口商品都必须先审核其交易价格的合理性,必要时对之进行调整,从而确定其最终的合理的完税价格,这就使海关估价应运而生。 (2)海关估价的特点。海关估价是在商业估价的基础上发展起来的。虽然海关估价也是一种计算商品价值的过程,但它与商业估价毕竟有所区别,具有其自身特点。 首先,海关估价的目的主要是正确确定海关征税的税基,对有关物品征收关税,为关税政策服务。 其次,海关估价的主体只是海关一方,其客体是所有进出口的应税商品,包括一些非交易的物品,例如礼品、展览品等。 最后,为了保证统一性,保证对所有进出口的物品公平地征收税款,避免产生对不同买卖方的歧视,海关估价不仅要考虑到某一交易的买卖双方,而且要同时考虑到所有类似交易的其他买卖双方。换言之,海关估价必须采用包括价格基础、估价方法在内的统一的估价标准。 (3)海关估价的作用。海关估价是征收关税的前提,是海关的一项重要职责。其作用主要表现为: ①正确审定进出口物品的完税价格是征收关税,尤其是征收从价关税、选择关税或复合关税等的重要前提,是征税工作中的一项重要内容。这是海关估价最原始、最基本的作用。 ②海关估价有利于制止国际贸易中的不正当商业行为。国际商务活动中可能存在某些不正当的商业行为,例如出口商为推销商品而将某些在正常情况下应成为交易价格组成部分的价格因素从交易价格中扣除,从而降低交易价格;又如进出口商为逃避关税而在销售合同和销售发票中故意低开或高开价格。实行海关估价,则有助于防止这些不正当商业行为,保护诚实商人正当竞争,保证国家的财政收人不受损失,关税的保护作用不受影响。 ③海关估价是一国经济政策和外贸政策的体现,是贯彻一国经济政策的一种手段,并且对国家经济管理具有重要参考意义。例如海关估价所确定的完税价格是贸易统计中进出口货物价值统计指标的资料依据,是国家对进出口货物进行许可证、配额、限额等行政管理的计算依据。 总之,海关估价不仅是为了征收关税,它的作用已愈来愈广泛。此处可借用海关合作理事会秘书长T.P.Hayes在1991年关贸总协定估价协议国际会议的开幕演说词中对海关估价作用所作的阐述予以说明: 海关估价一直是海关关员传统职责的一部分。如今,海关估价在国际贸易中一直

就业安置合同协议书范本

甲方:________________________________________ 乙方:________________________________________ 为保证甲乙双方的合法权益,规范一对一的辅导就业指导,根据平等自愿的原则,双方签订如下协议: 一、甲方的权利和义务 1、负责就业指导工作。 2、负责组织乙方参加全国和地方各有关单位的面试。 3、就业合同签订以后,不再办理退费手续,请家长及本人慎重考虑。 4、乙方所从事的工种________________在工作期间甲方保证享受同等待遇。 5、甲方在六个月内安置乙方上岗就业,如在六个月内不能安置乙方上岗就业,甲方无条件退还全部费用。 二、乙方的权利和义务 1、乙方必须严格遵守国家的法律法规,社会公德和甲方的各项规章制度,加强自身修养不断提高自己的综合素质,努力学习经甲方考核思想品德和学科成绩均合格者方可安置就业。 2、乙方就业上岗后,要爱岗敬业、吃苦耐劳、遵纪守法、服从管理、认真履职。 三、乙方有下列情形之一者,视为放弃被安置就业的权利 1、因违反就业单位规章制度或者违法违纪被用人单位辞退,或因表现和业务能力差被淘汰以及自愿辞职者,甲方不再负责安置(如在培训期间不服从统一管理,或者请假超过一周的学员,视为自动放弃,单位不再负责安置就业。) 2、乙方到用人单位上岗后管理权属于用工单位,乙方必须遵守工作单位的规章制度,服从分配和管理、未经工作单位允许擅自离开单位、自行辞职、私自回家、违反纪律等一切后果由乙方自己承担,所交费用一律不退,甲方不再负责安置。

3、甲方为乙方安排就业上岗,乙方自愿放弃就业上岗机会,甲方不再负责安排上岗就业,不退还乙方所交一切费用。 4、乙方到用工单位上岗的同时甲方和乙方的就业协议书终止。 5、本协议一式两份,经双方签字后即行生效。 甲方:乙方: 家长签字: 日期:

WTO《海关估价协议》中文版

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学生就业安置协议书

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海关估价协议英文版

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4、成功就业:甲方在本协议规定就业安置期内在任何企业就业,或就业安置期后30天内没有要求就业安置。 5、保证就业:甲方通过乙方的入学测试,同时为国家统招本科以上学历、IT相关专业(包括信息与计算科学专业在内)、具备大学毕业证等相关证书,乙方为甲方提供保证就业服务。 6、推荐就业:甲方不满足保证就业的条件,乙方为甲方提供推荐就业服务。 二、培训内容 1、乙方自______年____月_____日开始,为甲方提供软件专业技能培训,学时___天,班别为全日制,培训方向为 (Java/C++/嵌入式/.Net/软件测试/Oracle)。 三、关于收费 1、甲方应按时将学费交由武汉工业学院数理系代为保管,开学前一次缴清全部学费,共计RMB(大写) 元。 2、学费包含培训的课时费、教材费、认证费等费用。甲方餐费、住宿费、交通费等费用自理。 四、甲方权利和义务: 1、甲方的学历、身份证等个人证明材料必须真实可信。 2、甲方必须自觉按照乙方的《学员管理规范》接受乙方的教育和管理,端正学习态度,遵守乙方制定的相关规定和课堂纪

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