New Advisory Opinion 4.19
Royalties and licence fees under Article 8.1(c) of the Agreement
The Technical Committee on Customs Valuation adopted this instrument at its 53rd Session, which took place in Brussels from 18 to 20 October 2021.
This instrument, based on a case submitted by Uruguay, presents the Technical Committee’s position with regard to the payment of a single royalty covering both (1) the right to incorporate or use an imported concentrate in the production of finished products and (2) the right to use the seller’s trademark.
Regarding this question, the Technical Committee considered that it would be appropriate to include that single royalty in the Customs value, after verifying that the three conditions imposed under Article 8.1(c) of the Agreement had been fulfilled and relating the payment of the royalty on the soft drink produced to the price actually paid or payable for the imported concentrate used.
This instrument highlights again the complexity of the Customs valuation treatment of royalties and licence fees. Each case must be examined on its own merits to determine whether or not the royalties and licence fees should be included in the Customs value.