Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994
Recognition of Interests - Preamble
Fewer Obligations - Annex III: 3
Annex III: 4
Implementation Period - Special and Differential Treatment: Article 20:1
Special and Differential Treatment: Article 20:2
Annex III: 1
Annex III: 2
Technical Assistance - Special and Differential Treatment: Article 20:3
Annex III: 5


Agreement on Implementation of Article VII of GATT 1994

      This Agreement was not subject to negotiation in the Uruguay Round. It has been included for reasons of completeness and because of its relation to the Decision and the two texts described in the section of this paper relating to Ministerial Decisions.

      Customs valuation practices have on occasion been found to have a more restrictive effect on trade than the customs duty itself. In some instances, they have created uncertainty and led to price increases that effectively undermined the value of a tariff binding and raised the amount of duty paid. The Tokyo Round Agreement on Customs Valuation resolved some of these difficulties.

      The Agreement

      • provides a neutral, fair and precise system of customs valuation which eliminates uncertainty and arbitrariness
      • facilitates customs clearance operations
      • minimizes disputes between the importer and the Customs Administration
      • creates a climate of confidence

      More specifically, in relation to developing countries, one of the objectives of the Agreement is to provide improved customs valuation systems which would be applied to developing countries' exports when they reach their principal markets; in particular, those of developed countries.

      The Agreement’s system of valuation follows commercial realities as closely as possible. It sets out five methods of valuation, which are to be applied in the following hierarchical order:

      • transaction value of the good itself
      • that of identical goods
      • that of similar goods
      • the deductive method and
      • the computed method

      Detailed rules have been established regarding the application of these five methods. General rules relating to the rights of customs officials and importers, the conversion of currency, the treatment of confidential information, the right to appeal against valuation determination, and the publication of national laws, regulations and judicial decisions have also been formulated.

Recognition of Interests

      Preamble

      The Agreement attempts to secure additional benefits for the trade of developing country Members.

Fewer Obligations

      Annex III: 3

      The importer may request the reversal of the order of the fourth and fifth methods of valuation (ie. deductive and computed value methods respectively). Developing country Members may make a reservation permitting them to refuse this request from the importer.

      Annex III: 4

      A developing country Member may reserve the right to value imported goods on the basis of the unit price of post-importation sale if the goods have undergone further processing in the country of importation. In such cases, this method of valuation will be applied whether or not the importer so requests (developed country Members can do so only on request of the importer)

Implementation Period

      Special and Differential Treatment: Article 20:1

      Developing country Members that are not signatories to the Tokyo Round Agreement, but that have accepted the WTO, have a grace period of five years before applying the provisions of the Agreement.

      Special and Differential Treatment: Article 20:2

      Developing country Members that are not signatories of the Tokyo Round Agreement but that have accepted the WTO, have - over and above the five years mentioned above - an additional delay period of three years for the application of the Articles relating to the computed value methodology.

      Annex III: 1

      Developing country Members may request an extension of the delay period referred to (under "Special and Differential Treatment) in Article 20:1.

      Annex III: 2

      While the system of minimum customs value is prohibited, developing country Members may make a reservation to retain the system of officially established minimum values on a limited and transitional basis under such terms and conditions as may be agreed by the Committee.

Technical Assistance

      Special and Differential Treatment: Article 20:3

      Developing country Members have the right to request, and obtain technical assistance from developed country Members. This may include the 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 the Agreement.

      Annex III: 5

      If a developing country Member finds it is encountering a problem regarding the non-inclusion in the customs value of special discounts and commissions obtained by sole agents, sole concessionaires and sole distributors, it may request that a study be made with a view to finding appropriate solutions.

 

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