TRANSACTION VALUE
General Definition Price Paid or Payable
Transaction value is the price actually paid or payable for merchandise when sold for exportation to the country of import, PLUS the following enumerated additions (if not included in the price):
1. commissions and brokerage fees incurred by the buyer (not buying commissions);
2. the cost of containers which are treated, for customs purposes, as being one with the goods in question;
3. the cost of packaging – labor & materials;
4. the value of any assists (e.g. tools, die, drawings);
5. any royalty or license fee the buyer is required to pay as a condition of the sale of the imported merchandise; and
6. the proceeds of any subsequent resale, disposal, or use of merchandise that, accrue, directly or indirectly, to the seller.
ALL payments to the vendor should be scrutinized to determine whether they are part of the price paid or payable. Unless the payment falls under one of the exclusions (deductions) listed below, it is considered to be a part of the price paid or payable. Usually, the best time to determine the value of the imported goods is at the inception of any transaction involving a product to be imported into the country. However, often times additional payments are made which may not have been anticipated at the inception of the transaction. Customs generally considers these payments part of the price paid or payable, and therefore, part of the transaction value.
Finance/Interest Charges
Finance/Interest charges will be considered part of the price paid or payable UNLESS:
1. the payments are separately identifiable from the price of the goods (the interest charge needs to be accounted for individually on F-M’s books as separate and distinct from the value of the goods imported);
2. the financing agreement is in writing; and
3. upon request by Customs, the buyer is able to prove
(i) that the goods under appraisement are actually sold at the price declared and/or
(ii) that the amount charged does not exceed the interest fees prevailing at the time for the given transaction in the country where the financing was provided.
Additions to the Price Paid or Payable
The "price actually paid or payable" means the total payment made, or to be made, for imported merchandise by the buyer to, or for the benefit of the seller. The payment can be direct or indirect. Following are costs or values that must be added to the price paid or payable (if they are not already included therein):
1. Packing Costs - The packing costs incurred by the buyer must be added to the price paid or payable. This includes the cost (both labor and materials) of all containers (exclusive of instruments of international traffic) and coverings of whatever nature used in placing the merchandise in condition, packed ready for shipment to the country of import.
2. Selling Commissions - A commission paid to the seller or the seller's agent (or any other commission accruing to the benefit of the seller) is added to the price paid or payable. Note that a buying commission is not dutiable. The following definitions should help in determining whether a commission payment qualifies as a selling commission or a buying commission:
Selling Commission:
(a) the party is the exclusive intermediary between seller and buyer; and
(b) the party acts on behalf of and subject to control of seller, or acts itself as a reseller.
Buying Commission:
(a) the party acts on behalf of and subject to control of buyer;
(b) the party is reimbursed by buyer for expenses incurred;
(c) the party has no power to change terms or conditions of order without approval of buyer; and
(d) the party is not related financially to seller.
3. Assists - This addition to the price paid or payable is probably the most important one of all five for F-M. Refer to Chapter 4.1 for further details regarding assists
What is an assist? An "assist" is any of the following, supplied directly or indirectly, and free of charge or at a reduced price, by the buyer of imported merchandise for use in connection with the production of merchandise imported into the importing country:
(a) materials, components, parts and similar items incorporated in the imported merchandise;
(b) tools, dyes, molds and similar items used in the production of the imported merchandise (articles not used in production are not assists);
(c) merchandise consumed in the production of the imported merchandise; and
(d) engineering, development, artwork, design work and plans and sketches that are undertaken elsewhere than in the importing country and which are necessary for the production of the imported merchandise (only work done outside of the importing country is considered an assist);
What is the value of the assist? In adding the assist value to the PRICE PAID OR PAYABLE it is necessary to assign a value to the assist. Listed below are some general rules for determining the value of certain assists (i.e. material, components, parts, and similar items or tools, dies, molds and similar production machinery items:
(a) If acquired by the buyer from an unrelated seller, the assist’s value is the cost of obtaining it.
(b) If produced by the buyer or someone related to him, the assist’s value is the cost of producing it.
(c) For all assists, the value must include the cost of freight from the supplier of the assist to the place of production.
(d) If the assist had been previously used, then the depreciated value of the tool at the time production commences is used;
(e) An assist can be paid just once upon a single, initial importation. If used on another lot by importer after duty was paid in full on the full value of the assist, then the importer need not pay again.
(f) The dutiable value of a tool or machine can be reduced to the extent that it is used to produce goods that are shipped to 3rd countries other than the importing country.;
(g) Include the cost of any repairs or modifications in the value of the assist.
When do we add the value of the assist to the price paid or payable? The value of an assist must be added to the price paid or payable for the imported merchandise and should be done at the time of entry of the merchandise.
Thai Customs' policy is that the full value of the assist should be declared on the first appropriate import entry. However, it is possible to negotiate a longer declaration period based on WTO guidelines on a case-by-case basis.
4. Royalties or License Fees - Royalty or license fees that a buyer must pay directly or indirectly, as a condition of the sale of imported merchandise for exportation to the country of import will be included in the transaction value. Whether a royalty or license fee is dutiable will depend on whether the buyer had to pay it as a condition of the sale and to whom and under what circumstances it was paid. The duty status will have to be decided on a case by case basis. It will require accurate and timely information presented to the Logistics Department for review and determination.
5. Proceeds of Subsequent Resale, Disposal, or Use - Any proceeds resulting from the subsequent resale, disposal, or use of the imported merchandise that accrue, directly or indirectly, to the seller are dutiable. These proceeds are added to the price actually paid or payable, if not otherwise included.
Deductions from the Price Paid or Payable
The following items, if identified and separated out on the invoice from the price paid or payable at the time of importation of the merchandise into the importing country, may be excluded from the transaction value:
(a) Construction, Assembly Maintenance, Technical Assistance Performed After Importation - Any reasonable cost or charge incurred for constructing, erecting, assembling, maintaining, or providing technical assistance with respect to the goods after importation into the U.S. or transporting the goods after importation.
(b) Customs Duties / Excise Tax - The customs duties and other excise taxes currently payable on the imported merchandise by reason on its importation
Limitations on the Use of Transaction Value
A number of statutory limitations exist on the use of transaction value. The following are most likely to impact F-M:
(a) If the buyer and seller are related (as is often the case for our imports), transaction value, can be used ONLY IF the relationship did not influence the price actually paid or payable. In other words, the price between a related buyer and seller must be that of an "arms length" transaction.
(b) Transaction value cannot be used if sufficient information is not available, for any reason, with respect to any component of the transaction value calculation (i.e., packing costs, selling commissions, assists, royalties, and proceeds to subsequent resale).
(c) Transaction value cannot be used if the merchandise was not obtained pursuant to a purchase agreement (i.e. consigned goods or gratis samples)
(d) If transaction value is inapplicable because of one of the restrictions discussed above, then computed value will be used.
Transaction Value Limitation - Commercial Samples
At times, F-M imports commercial samples of some its products. In instances where these samples are imported without payment to F-M’s supplier these goods cannot be appraised based on transaction value; and thus, F-M must look to the other four alternative methods of appraisement. In this regard, F-M has the option of requesting the application of the computed value method before the deductive value method, but the request must be made at the time the entry summary for the goods is filed with Customs. In instances where F-M does make payment for the commercial samples, the transaction value method of appraisement would generally be applicable.