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1. (a) If the Customs value of the imported goods cannot be determined under the
provision of Article 1, the customs value shall be the transaction value of
identical goods sold for export to the same country of importation and exported
at or about the same time as the goods being valued.
(b) In applying this Article, the transaction value of identical goods in a sale at
the same commercial level and in substantially the same quantity as the goods being valued shall e used to determine the Customs value. Where no such sale is found, the transaction value of identical goods sold at a different commercial level and /or in different quantities, adjusted to take account of differences attributable to commercial level /or to quantity, shall be used, provided that such adjustments can be made on the basis of demonstrated evidence which clearly established the reasonableness and accuracy of the adjustment, whether the adjustment leads to an increase or a decrease in the value.
- Where the cost and charges referred to in paragraph 2 of article 8 are included
in the transaction value, an adjustment shall be made to take account of significant differences in such cost and charges between the imported goods and the identical goods in question arising from differences in distances and modes of transport.
- If, in applying this article, more than one transaction value of identical goods is found, the lowest such value shall be used to determine the Customs value of the imported goods
ARTICLE 3
- If the Customs of the imported goods cannot be determined under the provisions of Articles 1 and 2, the Customs value shall be the transaction value of similar goods sold for export to the dame country of importation and exported at or about the same time as the goods being valued.
- In applying this Article, the transaction value of similar goods in a sale at the same commercial level and in substantially the same quantity as the goods being valued shall be used to determine the Customs value. Where no such sale is found, the transaction value of similar goods sold at a different commercial level and/or in different quantities, adjusted to take account of differences attributable to commercial level and /or to quantity, shall be used, provided that such adjustments can be made on the basis of demonstrated evidence which clearly establishes the reasonableness and accuracy of the adjustment, whether the adjustment leads to an increase or a decrease in the value
- Where the costs and charges referred to in paragraph 2 of Article 8 are included in the transaction value, an adjustment shall be made to take account of significant differences in such costs and charges between the imported goods and the similar goods in question arising from differences in distances and modes of transport.
- if, in applying this Article, more than one transaction value of similar goods is found, the lowest such value shall be used to determine the Customs value of the imported goods.
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