CUSTOMS VALUE FOR LEVY OF DUTY & TAXES  

THIS  BOOKLET  IS  MEANT  FOR  YOU ..

This booklet provides basic information on the revised valuation provisions of the Customs  Act,1969.  It will be useful to the importers of goods in Pakistan.

Although there are six methods of valuing goods , this book concentrates on the “transaction value method”, because most importers are able to use this method in the vast majority of cases.

WHAT  IS “VALUE FOR DUTY” AND WHY IS  IT  NECESSARY?  

Value for duty is normally referred to as “customs value” and is the amount on which the ( percentage ) duty rates according to Pakistan Customs Tariff are applied to calculate the amount of customs duty. The value for duty may not be the same as the amount you pay for the imported goods, because certain additions and adjustments to the price paid for the goods are sometimes necessary. Even if the goods are imported free of import duty, the value for duty is still required in order to calculate other taxes and levies and also for trade statistics purposes compiled by the Federal Bureau of Statistics.

WHAT  IS  GATT  VALUATION   SYSTEM ?

Pakistan has adopted the new system of valuing imported goods based on an internationally approved set of rules, under the General Agreement on Tariffs and Trade [GATT], referred to as the Customs Valuation Code. Almost all the trading partners of Pakistan apply the same basic rules for valuation of goods. Section 25 of the Customs Act has been revised to conform to the Customs Valuation Code which provides for a fair, uniform, and neutral system which determines the value of imported goods in accordance with commercial realities and in which arbitrary or fictitious Customs values are prohibited.

The “transaction value” system stipulates that the transaction value method must be used wherever possible. This method bases the customs value on the “price” you pay for the imported goods. Certain amounts not included in the price such as transportation, insurance, packing charges, royalties and licence fees, assists, other payments etc. may have to be added to arrive at the precise customs value.

If the transaction value method cannot be used, one of the other five methods of valuation, under sub-sections (5) to (9) of section  25, must be used, according to the established sequence. These other methods are known as:

THE  TRANSACTION  VALUE  METHOD – CAN  I  USE  IT ? 

The “transaction value method” is the method you will use, under sub-section (1) of section 25 of the Customs Act, to determine the “customs value” (value for duty) in most cases. First of all, make sure that you are not excluded or ineligible from using this method. There are 3 requirements which must be met in order to use the transaction value method. They are :

1.     The goods must be subject to a sale;  

2.     The sale must be for export to Pakistan; and  

3.     The price paid or payable must be determinable.

There are in addition four limitations on the use of transaction value. The transaction value method cannot be used if:

  1. There are restrictions on the disposition or use of the goods by the buyer other than  

    (a)     those imposed or required by law,

    (b)    those that limit the geographical area in which the goods may be resold, or

    (c)     those that do not affect the value of the goods.  

  2. The sale or price of goods is subject to a condition or consideration for which a value cannot be  determined with respect to the goods being valued.  

  3. There are any subsequent payments to the seller by the buyer unless an appropriate adjustment can be made under sub-section 2(e); and  

  4. If the buyer and seller are related. This limitation will not be applicable if the importer can demonstrate that the declared             customs value  approximates  a  “test value”  under  sub-section  3(b)  of section 25 , or demonstrates to Customs’ satisfaction that the price has not been influenced by the relationship.

If all the requirements are met and none of the limitations apply, then the transaction value method is the appropriate method of valuation of imported goods. The next step is then to calculate the transaction or customs value.

HOW  TO  ARRIVE  AT  THE  CUSTOMS  VALUE?  

The next question to consider is that, besides the price you are paying for the goods, what other expenses are you incurring in relation to the goods which are not included in the price. The amount you pay to the supplier may not include amounts on which you have to pay duty. The “price actually paid or payable” is defined as the total payment made or to be made by the buyer to or for the benefit of the seller for the imported goods. It is important to understand that the “invoice” amount is not necessarily the “price actually paid or payable as” that term is defined.

It is, therefore, important that you include in the price actually paid or payable all elements of it. For example if your purchase contract for goods involves paying a certain price to the seller plus an amount to a third party to settle a debt of the sellers to that third party, the invoice from the seller will not necessarily reflect the full price actually paid or payable as it may not include the debt paid to the third party. Nevertheless  the debt paid on the seller’s behalf should, in fact, be included in the price actually paid or payable calculation.

It is essential that you carefully review the price you pay to the seller / supplier so as to add other charges, commissions etc. not included in the price to arrive at the correct transaction value for levy of duty. 

DEDUCTIONS FROM THE PRICE PAID..
 
< >The price, for the purpose of value for duty, is the importer’s net price at the time of importation. The buying commission ( or discount ) shown on the invoice is excluded and the net amount payable is the purchase price and the value for customs purposes. On the other hand, if the commission or discount is in the form of rebate payable at a later date if certain conditions are met, it will be included in the transaction value.  

ADDITIONS TO THE PRICE PAID .. 

 There are a number of charges which must be added to the price actually paid or payable and thus will be included in the customs value of the goods even though they are not part of the “invoice” price of the imported goods and are normally charged separately under a different contract.

These charges are as follows :

OTHER METHODS OF VALUATION OF IMPORTED GOODS

Transaction value of identical goods method  

Under this method provided in sub-section (5) of section 25, the dutiable value is based on the transaction value of other “identical” goods which have been imported in Pakistan at or about the same time as your own.  This method requires information on values declared to Customs for imports of identical goods, that is the goods which are the same in all respects including physical characteristics, quality and reputation. The customs value of the identical goods will be adjusted to give allowance for the differences in the trade level of the purchasers, in the quantities purchased, in the costs of transporting the goods, insurance etc.

Customs value ( dutiable or assessable value ) under this method would usually be calculated in conjunction with the Customs officials.

Transaction value of similar goods method

This method, as provided in sub-section (6) of section 25, is essentially the same as the “identical goods method” outlined above except that the value is based on the customs value of similar goods; that is goods which although not alike in all respects, have like characteristics and like component materials, perform the same functions and closely resemble and are commercially interchangeable with the goods you have imported. Adjustments can be made to the value of similar goods based by giving allowance for the difference in the trade level, quantities, costs of transportation, insurance etc.     

Deductive value method

Under the deductive value method, under sub-section (7) of section 25, the customs value ( dutiable or assessable value ) is based on the importer’s most common selling price of the imported goods to Pakistani customers. From this “selling price” is deducted the amount which represents the average profit and general expenses involved in selling the goods in Pakistan or a commission, whichever applies in the circumstances .

In addition to the normal/usual general expenses to the extent they are not included as an expense in your financial records, deductions may be made for the following:

It must be clear that the purpose behind this method is to determine what the cost of the goods would have been had they been purchased, in the same condition as when imported, from an unrelated foreign supplier. The deductive method may initially require you to use an estimate of the value for duty and assess the goods provisionally. The assessment may be finalized at a later date when sales data is available.

An example of a situation where the deductive value method might be used is the case where an importer has received goods on a consignment basis and does not know the precise amount he will pay to the supplier.

Computed value method

The computed value, as mentioned in sub-section (8), is the cost of production of the imported goods plus an amount for normal profit and general expenses of the seller in the exporting country when selling the same type of goods to Pakistani customers.  

In order to use this method, you must have detailed knowledge of producing the actual goods imported. As most producers / suppliers are reluctant to release this information to any one outside their own organization, the use of this valuation method will generally be limited to those importers who are related to the supplier of the imported goods and where the supplier is also the manufacturer of the goods in question.  The computed value method will rarely be used for goods imported in Pakistan. However if you are in a position to use this method, the law provides that you can choose to use it before considering the Deductive value method.

The computed value method does have the advantage of giving you the assessable value before you import the goods.

Fall Back method   

If you are not in a position  to  use   the   primary  method  of     valuation ( transaction value ) under sub-section (1) of section 25 of the Act and the technical requirements of the subsequent four methods prevent you from determining the customs value of the imported goods under sub-sections (5) , (6) , (7) and (8), the Fall Back method, sub-section (9) must be applied.

This method does not provide specific rules for determining customs value but stipulates that one of the other five methods is to be applied in a flexible manner.

Used goods that have not been sold in a normal transaction will most likely be valued under the Fall Back method.

In using the Fall Back method, the overriding principles of the GATT Agreement must be respected. That is, a value determined under this method should be fair, reasonable, neutral and reflect commercial reality.

WHAT ARE MY RESPONSIBILITIES AS AN IMPORTER?

As an importer of goods into Pakistan you are responsible for the assessment of your duty and tax liability on the goods you import. This means that that you must prepare, or authorize an agent to prepare, the necessary documents for presentation to Customs.

These documents must be properly completed and must accurately reflect the assessable value of the goods on which the duty and tax liability is calculated .

The law also requires that you maintain complete records of every import transaction. These records not only include Customs documents but all of your financial and business records relating to the sale, purchase and import of the goods. These records must be maintained in Pakistan, at your place of business, where they may be inspected by a Customs officer, and you may be required to answer questions about them.

WHAT CAN I DO IF I DISAGREE WITH CUSTOMS?

If  Customs do not agree with the customs value declared by an importer, Customs have the right to ask for more evidence and seek clarifications. Where Customs are still not satisfied, they may release the goods against sufficient guarantee/security under section 81 of the Customs Act and refer the matter to the Valuation Department for determination of an acceptable customs value.

The main tool to ensure compliance under the new valuation system will be post importation audit. You should be aware that the Valuation Department will not audit an entry but rather will deal with the importer as an entity. Importers selected for audit base on potential risk, which an incorrect entry may signal, can expect all of their importations over a two to three years period to be reviewed for accuracy and correctness.

The valuation officer will liaise with you through correspondence for extensive enquiry to ascertain an acceptable value. If the declared value is found acceptable, the valuation officer will return the case to the Customs to finalize the assessment and release the guarantee.

Where the valuation officer finds, as a result of enquiry/audit carried out by him, that the declared customs value is not acceptable and where the value determined by him is unacceptable to you, he will issue a show cause notice to you and provide you adequate opportunity to defend the declared customs value in writing and in person. The valuation officer will announce his decision about the customs value of the goods in question by a quasi judicial order. You will have the right to file an appeal against this order before the Customs Tribunal. If  you still feel dissatisfied, you can file a review petition before the superior courts of the country.

Attached is a step by step guide for using the “transaction value method” of valuation of imported goods. In order to declare a proper transaction value, every importer should review these questions in respect of their importations. Additional guides for the other methods of valuation will be published in due course.  

If you have any questions or comments, please contact the office of the Controller of Customs Valuation at seventh floor, New Custom House, Karachi; or Custom House Nabha Road, Lahore.