Terms of Reference for the Technical Committee on Customs Valuation

Confirmed by the Council - June 2003

Updated - June 2005

Established : 1995

Duration : Unspecified

1. Mandate

The Technical Committee on Customs Valuation (hereinafter referred to as “the Technical Committee”) is established in accordance with Article 18 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994, (hereinafter referred to as “the Agreement”) under the auspices of the World Customs Organization (WCO) with a view to ensuring, at the technical level, uniformity in interpretation and application of the Agreement.

The Technical Committee carries out the responsibilities described in Annex II to the Agreement and operates in accordance with the rules of procedure contained therein, with assistance provided by the WCO Secretariat.

2. Membership

The Technical Committee shall comprise representatives of Members of the World Trade Organization (WTO). Each Member of the WTO may nominate one delegate and one or more alternates to represent it. Those representatives may be assisted by advisers (Paragraph 5 of Annex II to the Agreement).

Representatives of Members of the WCO who are not Members of the WTO, and the WTO Secretariat, may attend meetings of the Technical Committee with Observer status. Subject to the approval of the Chairperson of the Technical Committee, the Secretary General of the WCO may invite representatives of governments who are neither Members of the WTO nor Members of the WCO, and representatives of international governmental and trade organizations, to attend such meetings as Observers (Paragraphs 5-7 of Annex II to the Agreement).

3. Purpose and Scope

The purpose of the Technical Committee is to :

- examine specific technical problems arising in the day-to-day administration of the Customs valuation system of Members of the WTO and to give advisory opinions on appropriate solutions based upon the facts presented;

- study, as requested, valuation laws, procedures and practices as they relate to the Agreement and to prepare reports on the results of such studies;

- prepare and circulate annual reports on the technical aspects of the operation and status of the Agreement;

- furnish such information and advice on any matters concerning the valuation of imported goods for Customs purposes as may be requested by any Member of the WTO or the Committee on Customs Valuation (hereinafter referred to as “the WTO Committee”) which has been established under the auspices of the WTO in accordance with Article 18 of the Agreement;

- facilitate, as requested, technical assistance to Members of the WTO with a view to furthering the international acceptance of the Agreement;

- carry out an examination of a matter referred to it by a panel under Article 19 of the Agreement;

- exercise such other responsibilities as the WTO Committee may assign to it.