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from Volume 1
Published online by Cambridge University Press: 04 August 2017
GENERAL
CONCEPT OF CUSTOMS VALUATION
In Colombia – Ports of Entry, the parties focused their arguments relating to Colombia’s use of indicative prices on a series of factual determinations concerning the actual nature and functioning of indicative prices within Colombia’s customs procedures. Panama considered that the use of indicative prices for the payment of customs duties and taxes constituted customs valuation, whereas Colombia was of the view that the indicative prices regime did not constitute customs valuation but was used as a customs control mechanism. To address the question whether indicative prices are used for the purpose of customs valuation within the meaning of the Customs Valuation Agreement, the Panel in Colombia – Ports of Entry first examined the concept of customs valuation pursuant to the Customs Valuation Agreement:
“The Panel notes that the Customs Valuation Agreement does not provide a definition for customs valuation. Article 15 of the Customs Valuation Agreement does however include a definition of ‘customs value’. The term ‘customs value of imported goods’ is defined in Article 15.1(a) of the Customs Valuation Agreement as ‘the value of the goods for the purposes of levying ad valorem duties of customs on imported goods’. The Panel believes that this definition of customs value is useful in understanding what customs valuation means within the Customs Valuation Agreement. . . .
. . .
In light of the dictionary definitions of valuation and value, as well as the definition of customs value provided in Article 15 of the Customs Valuation Agreement, the Panel considers that the ordinary meaning of the concept of customs valuation is straightforward. Essentially, customs valuation involves the process of determining the monetary worth or price of imported goods for the purpose of levying customs duties. With this understanding of the meaning of customs valuation, the Panel will consider whether Colombia determines the customs value of imports through the use of its indicative prices regime.”
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