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List of instruments of the Customs Valuation Technical Committee

ADVISORY OPINIONS

1.1 The concept of “sale” in the Agreement. (Adopted, 2nd Session, 2 October 1981, 27.960)

2.1 Acceptability of a price below prevailing market prices for identical goods. (Adopted, 2nd Session, 2 October 1981, 27.960)

3.1 Meaning of “are distinguished” in the Interpretative Note to Article 1 of the Agreement: duties and taxes of the country of importation. (Adopted, 2nd Session, 2 October 1981, 27.960)

4.1 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the seller requires the importer to pay to a third party (the patent holder) (Adopted, 2nd Session, 2 October 1981, 27.960

4.2 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the laws of the country of importation require the importer to pay to a third party (the copyright holder) when he resells the imported records.) (Adopted, 3rd Session, 23 March 1982, 28.560)

4.3 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a third party (the patent holder), under a separate contract, for the right to use a patented process for the manufacture of certain products.) (Adopted, 2nd Session, 2 October 1981, 27.960)

4.4 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a seller (the patent holder), as a condition of sale, for the right to incorporate or use the patented concentrate in products intended for resale.) (Adopted, 3rd Session, 23 March 1982, 28.560)

4.5 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a trademark holder for making and selling under that trademark six types of cosmetics irrespective of whether he uses the ingredients imported from the trademark holder or not.) (Adopted, 3rd Session, 23 March 1982, 28.560)

4.6 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a seller (the trademark holder), as a condition of sale, when he resells the imported goods (the concentrate) with the trademark.) (Adopted, 5th Session, 11 March 1983, 29.960

4.7 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a seller, who has been assigned world-wide reproduction, marketing and distribution rights by a rights holder, for the marketing and distribution rights in the country of importation.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.8 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a third party the licence holder) for the right to use the trademark.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.9 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a seller (the trademark holder) for the right to manufacture, use and sell the “licensed preparation” in the country of importation and for the right and licence to use the trademark in connection with the manufacture and sale of licensed preparations in the country of importation) (Adopted, 26th Session, 8 October 1993, 38.480)

4.10 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Licence fee that the importer is required to pay to a seller(the trademark holder)for the right to resell the imported garments containing trademarked material.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.11 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a related party the trademark holder), who is also related to a seller (manufacturer), for the right to use the trademark which is affixed to the imported goods.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.12 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Licence fee that the importer is required to pay to a seller for the right to use the patented process, which is performed through a technology incorporated in the imported goods.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.13 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty that the importer is required to pay to a related party (the trademark holder) for the right to use the trademark.) (Adopted, 26th Session, 8 October 1993, 38.480)

4.14 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty or licence fees that are paid to the licensor in the country of importation.) (Adopted, 22th Session, 7 April 2006, VT0499)

4.15 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Royalty paid to a third party licensor) (Adopted, 36th Session, 19 April 2013, VT0875E1c)

4.16 Royalties and licence fees under Article 8.1 (c) of the Agreement.
(Tax withheld on royalty that the laws of the country of importation require) (Adopted, 40th Session, 8 May 2015, VT0967E1c)

4.17 Royalties and licence fees under Article 8.1(c) of the Agreement.
(Royalties paid under a franchise agreement) (Adopted, 44th Session, 12 May 2017, VT1075E1c)

5.1 Treatment of cash discount under the Agreement.
(The case that payment for the goods has been made before the time of valuation.) (Adopted, 3rd Session, 23 March 1982, 28.560)

5.2 Treatment of cash discount under the Agreement.
(The case that payment for the goods has not yet been made at the time of valuation: the requirements of Article 1.1 (b) of the Agreement.) (Adopted, 3rd Session, 23 mars 1982, 28.560)

5.3 Treatment of cash discount under the Agreement.
(The case that payment for the goods has not yet been made at the time of valuation: the transaction value under Article 1 of the Agreement.) (Adopted, 5th Session, 11 March 1983, 29.960)

6.1 Treatment of barter or compensation deals under the Agreement. (Adopted, 3rd Session, 23 March 1982, 28.560)

7.1 Acceptability of test values under Article 1.2 (b) (i) of the Agreement.  (Adopted, 3rd Session, 23 March 1982, 28.560),

8.1 Treatment under the Agreement of credits in respect of earlier transactions.  (Adopted, 3rd Session, 23 March 1982, 28.560),

9.1 Treatment of anti-dumping and countervailing duties when applying the deductive method. (Adopted, 4th Session, 24 September 1982, 29.260),

10.1 Treatment of fraudulent documents. (Adopted, 6th Session, 16 September 1983, 30.480),

11.1 Treatment of inadvertent errors and of incomplete documentation. (Adopted, 7th Session, 2 March 1984, 31.460),

12.1 Flexible application of Article 7 of the Agreement. (Adopted, 6th Session, 16 September 1983, 30.480),

12.2 Hierarchical order in applying Article 7. (Adopted, 6th Session, 16 September 1983, 30.480)

12.3 Use of data from foreign sources in applying Article 7. (Adopted, 6th Session, 16 September 1983, 30.480)

13.1 Scope of the word “insurance” under Article 8.2 (c) of the Agreement. (Adopted, 6th Session, 16 September 1983, 30.480)

14.1 Meaning of the expression “sold for export to the country of importation”. (Adopted 9th Session, 8 March 1985, 32.350)

15.1 Treatment of quantity discounts. (Adopted, 12th Session, 10 October 1986, 33.590)

16.1  Treatment of a situation where the sale or price is subject to some condition or consideration for which a value can be determined with respect to the goods being valued. (Adopted, 15th Session, 17 March 1988, 34.628)

17.1 Scope and implication of Article 11 of the Agreement. (Adopted, 15th Session, 17 March 1988, 34.628)

18.1 Implications of Article 13 of the Agreement. (Adopted, 15th Session, 17 March 1988, 34.628)

19.1 Application of Article 17 of the Agreement and paragraph 6 of Annex III. (Adopted, 15th Session, 17 March 1988, 34.628)

20.1 Conversion of currency in cases where the contract provides for a fixed rate of exchange. Adopted, 17th Session, 17 March 1989, 35.250) and four examples (18th Session, 21 November 1989, Doc. 35.650) adopted

21.1 Interpretation of the expression “partners in business” in Article 15.4 (b). (Adopted, 2nd Session, 8 March 1996, 40.210)

22.1 Valuation of imported technical documents relating to design and development of an industrial plant. (Adopted, 28th Session, 3 April 2009, VT0686E1c)


COMMENTARIES

1.1 Identical or similar goods for the purpose of the Agreement. (Adopted, 3rd Session, 23 March 1982, 28.560)

2.1 Goods subject to export subsidies or bounties. (Adopted, 3rd Session, 23 March 1982, 28.560)
(Amended and approved, 6th Session, 1 May 1998, 42.359)

3.1 Goods sold at dumping prices. (Adopted, 3rd Session, 23 March 1982, 28.560)

4.1 Price review clauses. (Adopted, 3rd Session, 23 March 1982, 28.560)

5.1 Treatment of goods returned after temporary exportation for manufacturing, processing or repair. (Adopted, 5th Session, 11 March 1983, 29.960)

6.1 Treatment of split shipments under Article 1 of the Agreement. (Adopted, 6th Session, 16 September 1983, 30.480)

7.1 Treatment of storage and related expenses under the provisions of Article 1. (Adopted, 6th Session, 16 September 1983, 30.480)

8.1 Treatment of package deals. (Adopted, 7th Session, 2 March 1984, 31.460)

9.1 Treatment of costs of activities taking place in the country of importation. (Adopted, 8th Session, 5 October 1984, 31.900)

10.1 Adjustment for difference in commercial level and in quantity under Article 1.2 (b) and Articles 2 and 3 of the Agreement. (Adopted, 8th Session, 5 October 1984, 31.900)

11.1 Treatment of tie-in sales. (Adopted, 9th Session, 8 March 1985, 32.350)

12.1 Meaning of the term “restrictions” in Article 1.1 (a) (iii). (Adopted, 10th Session, 4 October 1985, 32.940)

13.1 Application of the decision on the valuation of carrier media bearing software for data processing equipment. (Adopted, 14th Session, 8 October 1987, 34.380)

14.1 Application of Article 1, paragraph 2. (Adopted, 18th Session, 21 November 1989, 35.650)

15.1 Application of deductive value method. (Adopted, 18th Session, 21 November 1989, 35.650)

16.1 Activities undertaken by the buyer on his own account after purchase of the goods but before importation. (Adopted, 20th Session, 12 October 1990, 36.280)

17.1 Buying commissions. (Adopted, 20th Session, 12 October 1990, 36.280)

18.1 Relationship between Articles 8.1 (b) (ii) and 8.1 (b) (iv). (Adopted, 24th Session, 23 October 1992, 37.860)

19.1 Meaning of the expression “right to reproduce the imported goods” within the meaning of the Interpretative Note to Article 8.1 (c). (Adopted, 28th Session, 7 October 1994, 39.000)

20.1 Warranty charges. (Adopted, 7th Session, 9 October 1998, 42.620)

21.1 Cost of transportation: Free-on-board system of valuation. (Adopted, 7th Session, 9 October 1998, 42.620)

22.1 Meaning of the expression “sold for export to the country of importation” in a series of sales. (Adopted, 24th Session, 26 April 2007, VT0564)

23.1 Examination of the expression “circumstances surrounding the sale” under Article 1.2 (a) in relation to the use of transfer pricing studies. (Adopted, 31st Session, 29 October 2010, VT0774E1c)

24.1 Determination of the Value of an Assist under Article 8.1(b) of the Agreement. (Adopted, 31st Session, 29 October 2010, VT0774E1c)

25.1 Third party royalties and licence fees - General commentary. (Adopted, 32nd Session, 15 April 2011, VT0800E1c)


EXPLANATORY NOTES

1.1 Time element in relation to Articles 1, 2 and 3 of the Agreement. (Adopted, 2nd Session, 2 October 1981, 27.960)

2.1 Commissions and brokerage in the context of Article 8 of the Agreement. (Adopted, 3rd Session, 23 March 1982, 28.560)

3.1 Goods not in accordance with contract. (Adopted, 3rd Session, 23 March 1982, 28.560)

4.1 Consideration of relationship under Article 15.5, read in conjunction with Article 15.4. (Adopted, 10th Session, 4 October 1985, 32.940)

5.1 Confirming commissions. (Adopted, 23th Session, 20 March 1992, 37.420)

6.1 Distinction between the term “maintenance” in the Note to Article 1 and the term “warranty. (Adopted, 1st Session, 6 October 1995, 39.790)


CASE STUDIES

1.1 Report on a case study with special reference to Article 8.1 (b) (iv): engineering, development, artwork, etc. (Adopted, 3rd Session, 23 March 1982, 28.560)

2.1 Application of Article 8.1 (d) of the Agreement. (Adopted, 5th Session, 11 March 1983, 29.960)

2.2 Treatment of proceeds under Article 8.1 (d). (Adopted, 5th Session, 11 March 1983, 29.960)

3.1 Restrictions and conditions in Article 1. (Adopted, 9th Session, 8 March 1985, 32.350)

4.1 Treatment of rented or leased goods. (Adopted, 12th Session, 10 October 1986, 33.590)

5.1 Application of Article 8.1 (b).
(Assists in relation to armored vehicles: the basic vehicles.) (Adopted, 18th Session, 21 November 1989, 35.650)

5.2 Application of Article 8.1 (b).
(Assists in relation to the manufacture of racing cars: the carburetors; the electronic checking equipment; the fuel for the racetrack tests; and the plans and sketches.) (Adopted, 18th Session, 21 November 1989, 35.650)

6.1 Insurance premiums for warranty. (Adopted, 20th Session, 12 October 1990, 36.280)

7.1 Application of the price actually paid or payable. (Adopted, 26th Session, 8 October 1993, 38.480)

8.1 Application of Article 8.1.
(Adjustments in relation to the garments: the licence fee that is required to be paid for the right to use the paper patterns.) (Adopted, 28th Session, 7 October 1994, 39.000)

8.2 Application of Article 8.1.
(Adjustments in relation to the video laser disc : the licence fee that is required to be paid for the right to use the music video clips and master tape.) (Adopted, 28th Session, 7 October 1994, 39.000)

9.1 Sole agents, sole distributors and sole concessionnaires. (Adopted, 1st Session, 6 October 1995, 39.790)

10.1 Application of Article 1.2. (Adopted, 3rd Session, 4 October 1996, 40.710)

11.1 Application of Article 15.4 (e) - related party transactions. (Adopted, 8th Session, 1 April 1999, VT0034)

12.1 Application of Article 1 of the Valuation Agreement for goods sold for export at prices below their cost of production. (Adopted, 11th Session, 3 November 2000, VT0164)

13.1 Application of Decision 6.1 of the Committee on Customs Valuation.
(Declared value of imported goods lower than identical goods) (Adopted, 13th Session, 19 October 2001, VT0225)

13.2 Application of Decision 6.1 of the Committee on Customs Valuation
(Declared value of imported goods lower than raw materials.) (Adopted, 26th Session, 4 April2008, VT0626E1b)

14.1 Use of transfer pricing documentation when examining related party transactions under Article 1.2 (a) of the Agreement. (Adopted, 42th Session, 22 April 2016, VT0920E1c)


STUDIES

1.1 Treatment of used motor vehicles. - Supplement to Study 1.1. (Adopted, 4th Session, 24 September 1982, 29.260)

2.1 Treatment of rented or leased goods. (Adopted, 11th Session, 7 March 1986, 33.180).