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The Customs Valuation Agreement: Origin, Standards and Interpretations

The Customs Valuation Agreement: Origin, Standards and Interpretations

Author: Mark K. Neville, Jr.
Publisher: Kluwer Law International
ISBN: 9789403530963
Published In: March 2023
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,400.00

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Description
Contents

Details
About this book:

The Customs Valuation Agreement, authored by a world-renowned specialist lawyer in the field, is a highly knowledgeable analysis furnishing the most extensive study of the origins and architecture of the Customs Valuation Agreement and its intersection with transfer pricing norms. Customs valuation is a critical element in the corpus of international trade law. Although the WTO Valuation Agreement 1994 remains unchanged in all material respects and has been adopted by virtually every trading nation on the planet, there are fissures in the system preventing consensus on many contentious questions. This unique book concentrates on diverging views on the nature of the central feature of the Agreement, the definition of the price actually paid or payable (PAPP).

What’s in this book:

Inter alia, the author thoroughly explains differing views on the following questions:
- criteria governing royalties and license fees;
- acceptability of the First Sale for Export doctrine;
- role of transport charges in valuing dutiable assists;
- status of interest payments on deferred payments;
- valuation of carrier media-bearing software for data processing equipment;
- inclusion or exclusion of transport charges in the PAPP;
- status of the WTO’s moratorium on electronic transmissions;
- status of payments of money for tools and other materials used in producing the imported goods; and
- status of international instruments of traffic.
Proficiently, the author analyzes interpretations of the Valuation Agreement as presented in the instruments of the World Customs Organization and the administrative and judicial fora of the United States, Canada, and the European Union.

How this will help you:

This nonpareil book takes an enormous leap toward “real-world” consensus on the daunting questions of custom valuation. Customs and international tax professionals, as well as academic scholars, will emerge from its in-depth coverage with an enhanced ability to discern the logic inherent in the Valuation Agreement, a greater awareness of current trends and their origins in authoritative customs valuation bodies, and improved confidence when approaching customs valuation questions.
About the Author

Preface

Acknowledgments

Part I Customs Valuation Writ Large

CHAPTER 1 Historical Antecedents

CHAPTER 2 Overview of Valuation Agreement 1994

CHAPTER 3 Transaction Value as the Preferred Method: Questions Raised and Answered

CHAPTER 4 Methods Based on Comparable Sales

CHAPTER 5 Importer’s Option

CHAPTER 6 Method Based on Deductions from the Resale Price

CHAPTER 7 Method Based on “Cost Plus”

CHAPTER 8 Last Resort Method

CHAPTER 9 The Special Case of Related Party Sales

Part II Intersection of Customs Valuation with Transfer Pricing

CHAPTER 10 The Roles, Rules and Reach of the Two Disciplines

Conclusion

Appendix

ANNEX I

Text of the WTO Valuation Agreement

ANNEX II

Selected Administrative Authorities