Third Schedule — IMPORT DUTIES ACT
Third Schedule · IMPORT DUTIES ACT
Substituted by
XIX.1999.10.
(Article 8)
Rules and Notes on Customs Valuation
Article 1
1. The customs value of imported goods shall be the transaction value, that is
the price actually paid or payable for the goods when sold for export to Malta
adjusted in accordance with the provisions of Article 8, provided -
(a) that there are no restrictions as to the disposition or use of the goods by
the buyer other than restrictions which -
(i)
are imposed or required by law or by the public authorities in
Malta;
(ii) limit the geographical area in which the goods may be resold; or
(iii) do not substantially affect the value of the goods;
(b) that the sale or price is not subject to some condition or consideration
for which a value cannot be determined with respect to the goods being
valued;
(c) that no part of the proceeds of any subsequent resale, disposal or use of
the goods by the buyer will accrue directly or indirectly to the seller,
unless an appropriate adjustment can be made in accordance with the
provisions of Article 8; and
(d) that the buyer and seller are not related, or where the buyer and seller
are related, that the transaction value is acceptable for customs purposes
under the provisions of paragraph 2 of this Article.
2. (a) In determining whether the transaction value is acceptable for the
purposes of paragraph 1, the fact that the buyer and the seller are related
within the meaning of Article 15 shall not in itself be grounds for
regarding the transaction value as unacceptable. In such case the
circumstances surrounding the sale shall be examined and the
transaction value shall be accepted provided that the relationship did not
influence the price. If, in the light of information provided by the
importer or otherwise, the customs administration has grounds for
c o n s i d e r i n g t h a t t h e r e l a t i o n s h i p i n f l u e n c e d t h e p r i c e , i t s h a ll
communicate its grounds to the importer and he shall be given a
reasonable opportunity to respond. If the importer so requests, the
communication of the grounds shall be in writing.
(b) In a sale between related persons, the transaction value shall be accepted
and the goods valued in accordance with the provisions of paragraph 1
of this Article whenever the importer demonstrates that such value
closely approximates to one of the following occurring at or about the
same time -
(i)
the transaction value in sales to unrelated buyers of identical or
similar goods for export to Malta;
(ii) the customs value of identical or similar goods as determined
under the provisions of Article 5;
(iii) the customs value of identical or similar goods as determined
under the provisions of Article 6.
In applying the foregoing tests, due account shall be taken of
demonstrated differences in commercial levels, quantity levels, the
elements enumerated in Article 8 and costs incurred by the seller in
sales in which the seller and the buyer are not related that are not
incurred by the seller in sales in which he and the buyer are related.
(c) The tests set forth in paragraph 2(b) of this Article are to be used at the
initiative of the importer and only for comparison purposes. Substitute
values may not be established under the provisions of paragraph 2(b) of
this Article.
Article 2
1. (a) If the customs value of the imported goods cannot be determined under
the provisions of Article 1, the customs value shall be the transaction
value of identical goods sold for export to Malta and imported 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 be 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
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.
2. 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
identical goods in question arising from differences in distances and modes of
3. 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
1. (a) If the customs value 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 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 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
IMPORT DUTIES
leads to an increase or a decrease in the value.
2. 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
3. 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.
Article 4
If the Customs value of the imported goods cannot be determined under the
provisions of Articles 1, 2 and 3, the customs value shall be determined under the
provisions of Article 5 or, when the customs value cannot be determined under that
Article, under the provisions of Article 6.
Article 5
1. (a) If the imported goods or identical or similar imported goods are sold in
Malta in the condition as imported, the customs value of the imported
goods under the provisions of this Article shall be based on the unit
are so sold in the greatest aggregate quantity, at or about the time of the
importation of the goods being valued, to persons who are not related to
the persons from whom they buy such goods, subject to deductions for
the following
(i)
either the commissions usually paid or agreed to be paid or the
additions usually made for profit and general expenses in
connection with sales in such country of imported goods of the
same class or kind;
(ii) the usual costs of transport and insurance and associated costs
incurred in Malta;
(iii) where appropriate, the costs and charges referred to in paragraph
2 of Article 8; and
(iv) the customs duties and other national taxes payable in Malta by
reason of the importation or sale of the goods.
(b) If neither the imported goods nor identical nor similar imported goods
are sold at or about the time of importation of the goods being valued,
the customs value shall, subject otherwise to the provisions of paragraph
1(a) of this Article, be based on the unit price at which the imported
goods or identical or similar imported goods are sold in Malta in the
condition as imported at the earliest date after the importation of the
goods being valued but before the expiration of ninety days after such
importation.
2. If neither the imported goods nor identical nor similar imported goods are
sold in Malta in the condition as imported, then, if the importer so requests, the
customs value shall be based on the unit price at which the imported goods, after
further processing, are sold in the greatest aggregate quantity to persons in Malta
who are not related to the persons from whom they buy such goods, due allowance
being made for the value added by such processing and the deductions provided for
in paragraph 1 (a) of this Article.
Article 6
1. The customs value of imported goods under the provisions of this Article
shall be based on a computed value. Computed value shall consist of the sum of
(a) the cost or value of materials and fabrication or other processing
employed in producing the imported goods;
(b) an amount for profit and general expenses equal to that usually reflected
in sales of goods of the same class or kind as the goods being valued
which are made by producers in the country of exportation for export to
Malta;
(c) the cost or value of all other expenses listed under paragraph 2 of
Article 8.
2. No person not resident in Malta may be compelled to produce for
examination, or to allow access to, any account or other record for the purposes of
determining a computed value. However, information supplied by the producer of
the goods for the purposes of determining the customs value under the provisions of
this Article may be verified in another country by the authorities of Malta with the
agreement of the producer and provided they give sufficient advance notice to the
government of the country in question and the latter does not object to the
investigation.
Article 7
1. If the customs value of the imported goods cannot be determined under the
provisions of Articles 1 to 6, inclusive, the customs value shall be determined using
reasonable means consistent with the principles and general provisions of the
Agreement on Customs Valuation and of Article VII of the GATT 1994 and on the
basis of data available in Malta.
2. No customs value shall be determined under the provisions of this Article on
the basis of
(a) the selling price in Malta of goods produced in such country;
(b) a system which provides for the acceptance for customs purposes of the
higher of two alternative values;
(c) the price of goods on the domestic market of the country of exportation;
(d) the cost of production other than computed values which have been
determined for identical or similar goods in accordance with the
provisions of Article 6;
(e) the price of the goods for export to a country other than Malta;
(f)
arbitrary or fictitious values.
3. If he so requests, the importer shall be informed in writing of the customs
value determined under the provisions of this Article and the method used to
determine such value.
Article 8
1. In determining the customs value under the provisions of Article 1, there
shall be added to the price actually paid or payable for the imported goods
(a) the following, to the extent that they are incurred by the buyer but are
not included in the price actually paid or payable for the goods -
(i)
commissions and brokerage, except buying commissions;
IMPORT DUTIES
(ii) the cost of containers which are treated as being one for customs
purposes with the goods in question;
(iii) the cost of packing whether for labour or materials;
(b) the value, apportioned as appropriate, of the following goods and
services where supplied directly or indirectly by the buyer free of
charge or at reduced cost for use in connection with the production and
sale for export of the imported goods, to the extent that such value has
not been included in the price actually paid or payable -
(i)
materials, components, parts and similar items incorporated in the
imported goods;
(ii) tools, dies, moulds and similar items used in the production of the
imported goods;
(iii) materials consumed in the production of the imported goods;
(iv) engineering, development, artwork, design work, and plans and
sketches undertaken elsewhere than in Malta and necessary for
the production of the imported goods;
(c) royalties and licence fees related to the goods being valued that the
buyer must pay, either directly or indirectly, as a condition of sale of the
goods being valued, to the extent that such royalties and fees are not
included in the price actually paid or payable;
(d) the value of any part of the proceeds of any subsequent resale, disposal
or use of the imported goods that accrues directly or indirectly to the
seller.
2. The following shall also be included in the customs value
(a) the cost of transport of the imported goods to the port or place of
importation;
(b) loading, unloading and handling charges associated with the transport of
the imported goods to the port or place of importation; and
(c) the cost of insurance.
3. Additions to the price actually paid or payable shall be made under this
Article only on the basis of objective and quantifiable data.
4. No additions shall be made to the price actually paid or payable in
determining the customs value except as provided in this Article.
Article 9
Where the conversion of currency is necessary for the determination of the
customs value, the rate of exchange to be used shall be that determined by the
Central Bank of Malta and the relative provisions of article 12 of this Act shall
Article 10
All information which is by nature confidential or which is provided on a
confidential basis for the purposes of customs valuation shall be treated as strictly
confidential by the authorities concerned who shall not disclose it without the
specific permission of the person or government providing such information, except
to the extent that it may be required to be disclosed in the context of judicial
proceedings.
Article 11
The notes at the Annex to this Schedule form an integral part of and are to be
read and applied in conjunction with this Schedule.
Article 12
1. In this Schedule
(a) "customs value of imported goods" means the value of goods for the
purposes of levying ad valorem duties of customs on imported goods;
and
(b) "produced" includes grown, manufactured and mined.
2. (a) In this Schedule "identical goods" means goods which are the same in
all respects, including physical characteristics, quality and reputation.
Minor differences in appearance would not preclude goods otherwise
conforming to the definition from being regarded as identical.
(b) In this Schedule "similar goods" means goods which, although not alike
in all respects, have like characteristics and like component materials
which enable them to perform the same functions and to be
commercially interchangeable. The quality of the goods, their reputation
and the existence of a trademark are among the factors to be considered
in determining whether goods are similar.
(c) The terms "identical goods" and "similar goods" do not include, as the
case may be, goods which incorporate or reflect engineering,
development, artwork, design work, and plans and sketches for which no
adjustment has been made under paragraph 1 (b)(iv) of Article 8 because
such elements were undertaken in Malta.
(d) Goods shall not be regarded as "identical goods" or "similar goods"
unless they were produced in the same country as the goods being
valued.
(e) Goods produced by a different person shall be taken into account only
when there are no identical goods or similar goods, as the case may be,
produced by the same person as the goods being valued.
3. In this Schedule "goods of the same class or kind" means goods which fall
within a group or range of goods produced by a particular industry or industry sector,
and includes identical or similar goods.
4. For the purposes of this Schedule, persons shall be deemed to be related only
(a) they are officers or directors of one another’s businesses;
(b) they are legally recognised partners in business;
(c) they are employer and employee;
(d) any person directly or indirectly owns, controls or holds 5 per cent or
more of the outstanding voting stock or shares of both of them;
(e) one of them directly or indirectly controls the other;
(f)
both of them are directly or indirectly controlled by a third person;
(g) together they directly or indirectly control a third person; or
(h) they are members of the same family.
Persons who are associated in business with one another in that one is the
sole agent, sole distributor or sole concessionaire, however described, of the other
shall be deemed to be related for the purposes of this Schedule if they fall within the
criteria of paragraph 4 of this Article.
Article 13
Upon written request, the importer shall have the right to an explanation in
writing from the customs administration of Malta as to how the customs value of his
imported goods was determined.
Article 14
Nothing in this Schedule shall be construed as restricting or calling into
question the rights of customs administrations to satisfy themselves as to the truth or
accuracy of any statement, document or declaration presented for customs valuation
purposes.
ANNEX
INTERPRETATIVE NOTES
General Note
Sequential Application of Valuation Methods
1. Articles 1 to 7, inclusive, define how the customs value of imported goods is
to be determined under the provisions of this Schedule. The methods of valuation are
set out in a sequential order of application. The primary method for customs
valuation is defined in Article 1 and imported goods are to be valued in accordance
with the provisions of this Article whenever the conditions prescribed therein are
fulfilled.
2. Where the customs value cannot be determined under the provisions of
Article 1, it is to be determined by proceeding sequentially through the succeeding
Articles to the first such Article under which the customs value can be determined.
Except as provided in Article 4, it is only when the customs value cannot be
determined under the provisions of a particular Article that the provisions of the next
Article in the sequence can be used.
3. If the importer does not request that the order of Articles 5 and 6 be
reversed, the normal order of the sequence is to be followed. If the importer does so
request but it then proves impossible to determine the customs value under the
provisions of Article 6, the customs value is to be determined under the provisions of
Article 5, if it can be so determined.
4. Where the customs value cannot be determined under the provisions of
Articles 1 to 6, inclusive, it is to be determined under the provisions of Article 7.
Use of Generally Accepted Accounting Principles
1. "Generally accepted accounting principles" refers to the recognized
consensus or substantial authoritative support within a country at a particular time as
to which economic resources and obligations should be recorded as assets and
liabilities, which changes in assets and liabilities should be recorded, how the assets
and liabilities and changes in them should be measured, what information should be
disclosed and how it should be disclosed, and which financial statements should be
prepared. These standards may be broad guidelines of general application as well as
detailed practices and procedures.
2. For the purposes of this Schedule, the customs administration shall utilize
information prepared in a manner consistent with generally accepted accounting
principles in the country which is appropriate for the Article in question. For
example, the determination of usual profit and general expenses under the provisions
of Article 5 would be carried out utilizing information prepared in a manner
consistent with generally accepted accounting principles of Malta. On the other
hand, the determination of usual profit and general expenses under the provisions of
Article 6 would be carried out utilizing information prepared in a manner consistent
with generally accepted accounting principles of the country of production. As a
further example, the determination of an element provided for in paragraph 1(b)(ii)
of Article 8 undertaken in Malta would be carried out utilizing information in a
manner consistent with the generally accepted accounting principles of that country.
Note to Article 1
1. The price actually paid or payable is the total payment made or to be made
by the buyer to or for the benefit of the seller for the imported goods. The payment
need not necessarily take the form of a transfer of money. Payment may be made by
way of letters of credit or negotiable instruments. Payment may be made directly or
indirectly. An example of an indirect payment would be the settlement by the buyer,
whether in whole or in part, of a debt owed by the seller.
2. Activities undertaken by the buyer on his own account, other than those for
which an adjustment is provided in Article 8, are not considered to be an indirect
payment to the seller, even though they might be regarded as of benefit to the seller.
The costs of such activities shall not, therefore, be added to the price actually paid or
payable in determining the customs value.
3. The customs value shall not include the following charges or costs, provided
that they are distinguished from the price actually paid or payable for the imported
goods
(a) charges for construction, erection, assembly, maintenance or technical
assistance, undertaken after importation on imported goods such as
industrial plant, machinery or equipment;
(b) the cost of transport after importation;
(c) duties and taxes of the country of importation.
The price actually paid or payable refers to the price for the imported goods.
Thus the flow of dividends or other payments from the buyer to the seller that do not
relate to the imported goods are not part of the customs value.
Paragraph 1(a)(iii)
Among restrictions which would not render a price actually paid or payable
unacceptable are restrictions which do not substantially affect the value of the goods.
An example of such restrictions would be the case where a seller requires a buyer of
automobiles not to sell or exhibit them prior to a fixed date which represents the
beginning of a model year.
Paragraph 1(b)
1. If the sale or price is subject to some condition or consideration for which a
value cannot be determined with respect to the goods being valued, the transaction
value shall not be acceptable for customs purposes. Some examples of this include
(a) the seller establishes the price of the imported goods on condition that
the buyer will also buy other goods in specified quantities;
(b) the price of the imported goods is dependent upon the price or prices at
which the buyer of the imported goods sells other goods to the seller of
the imported goods;
(c) the price is established on the basis of a form of payment extraneous to
the imported goods, such as where the imported goods are semi-finished
goods which have been provided by the seller on condition that he will
receive a specified quantity of the finished goods.
2. However, conditions or considerations relating to the production or
marketing of the imported goods shall not result in rejection of the transaction value.
For example, the fact that the buyer furnishes the seller with engineering and plans
undertaken in Malta shall not result in rejection of the transaction value for the
purposes of Article I. Likewise, if the buyer undertakes on his own account, even
though by agreement with the seller, activities relating to the marketing of the
imported goods, the value of these activities is not part of the customs value nor
shall such activities result in rejection of the transaction value.
Paragraph 2
1. Paragraphs 2(a) and 2(b) provide different means of establishing the
acceptability of a transaction value.
2. Paragraph 2(a) provides that where the buyer and the seller are related, the
circumstances surrounding the sale shall be examined and the transaction value shall
be accepted as the customs value provided that the relationship did not influence the
all cases where the buyer and the seller are related. Such examination will only be
required where there are doubts about the acceptability of the price. Where the
customs administration have no doubts about the acceptability of the price, it should
be accepted without requesting further information from the importer. For example,
the customs administration may have previously examined the relationship, or it may
already have detailed information concerning the buyer and the seller, and may
already be satisfied from such examination or information that the relationship did
not influence the price.
3. Where the customs administration is unable to accept the transaction value
without further inquiry, it should give the importer an opportunity to supply such
further detailed information as may be necessary to enable it to examine the
circumstances surrounding the sale. In this context, the customs administration
should be prepared to examine relevant aspects of the transaction, including the way
in which the buyer and seller organize their commercial relations and the way in
which the price in question was arrived at, in order to determine whether the
relationship influenced the price.
Where it can be shown that the buyer and seller, although related under the
provisions of Article 15, buy from and sell to each other as if they were not related,
this would demonstrate that the price had not been influenced by the relationship. As
an example of this, if the price had been settled in a manner consistent with the
normal pricing practices of the industry in question or with the way the seller settles
prices for sales to buyers who are not related to him, this would demonstrate that the
shown that the price is adequate to ensure recovery of all costs plus a profit which is
representative of the firm’s overall profit realized over a representative period of
time (e.g. on an annual basis) in sales of goods of the same class or kind, this would
demonstrate that the price had not been influenced.
4. Paragraph 2(b) provides an opportunity for the importer to demonstrate that
the transaction value closely approximates to a "test" value previously accepted by
the customs administration and is therefore acceptable under the provisions of
Article 1. Where a test under paragraph 2(b) is met, it is not necessary to examine
the question of influence under paragraph 2(a). If the customs administration has
already sufficient information to be satisfied, without further detailed inquiries, that
one of the tests provided in paragraph 2(b) has been met, there is no reason for it to
require the importer to demonstrate that the test can be met. In paragraph 2(b) the
term "unrelated buyers" means buyers who are not related to the seller in any
particular case.
Paragraph 2(b)
A number of factors must be taken into consideration in determining whether
one value "closely approximates" to another value. These factors include the nature
of the imported goods, the nature of the industry itself, the season in which the goods
are imported, and, whether the difference in values is commercially significant.
Since these factors may vary from case to case, it would be impossible to apply a
uniform standard such as a fixed percentage, in each case. For example, a small
difference in value in a case involving one type of goods could be unacceptable
while a large difference in a case involving another type of goods might be
acceptable in determining whether the transaction value closely approximates to the
"test" values set forth in paragraph 2(b) of Article 1.
Note to Article 2
1. In applying Article 2, the customs administration shall, wherever possible,
use a sale of identical goods at the same commercial level and in substantially the
same quantities as the goods being valued. Where no such sale is found, a sale of
identical goods that takes place under any one of the following three conditions may
be used
(a) a sale at the same commercial level but in different quantities;
(b) a sale at a different commercial level but in substantially the same
quantities; or
(c) a sale at a different commercial level and in different quantities.
Having found a sale under any one of these three conditions adjustments will
then be made, as the case may be, for
quantity factors only;
a.
commercial level factors only; or
b.
both commercial level and quantity factors.
c.
3. The expression "and/or" allows the flexibility to use the sales and make the
necessary adjustments in any one of the three conditions described above.
4. For the purposes of Article 2, the transaction value of identical imported
goods means a customs value, adjusted as provided for in paragraphs 1(b) and 2 of
this Article, which has already been accepted under Article 1.
5. A condition for adjustment because of different commercial levels or
different quantities is that such adjustment, whether it leads to an increase or a
decrease in the value, be made only on the basis of demonstrated evidence that
clearly establishes the reasonableness and accuracy of the adjustments, e.g. valid
As an example of this, if the imported goods being valued consist of a
shipment of 10 units and the only identical imported goods for which a transaction
value exists involved a sale of 500 units, and it is recognized that the seller grants
quantity discounts, the required adjustment may be accomplished by resorting to the
seller’s price list and using that price applicable to a sale of 10 units. This does not
require that a sale had to have been made in quantities of 10 as long as the price list
has been established as being bona fide through sales at other quantities. In the
absence of such an objective measure, however, the determination of a customs
value under the provisions of Article 2 is not appropriate.
Note to Article 3
1. In applying Article 3, the customs administration shall, wherever possible,
use a sale of similar goods at the same commercial level and in substantially the
same quantities as the goods being valued. Where no such sale is found, a sale of
similar goods that takes place under any one of the following three conditions may
be used
(a) a sale at the same commercial level but in different quantities;
(b) a sale at a different commercial level but in substantially the same
quantities; or
(c) a sale at a different commercial level and in different quantities.
2. Having found a sale under any one of these three conditions adjustments will
then be made, as the case may be, for
(a) quantity factors only;
(b) commercial level factors only; or
(c) both commercial level and quantity factors.
3. The expression "and/or" allows the flexibility to use the sales and make the
necessary adjustments in any one of the three conditions described above.
4. For the purpose of Article 3, the transaction value of similar imported goods
means a customs value, adjusted as provided for in paragraphs 1(b) and 2 of this
Article, which has already been accepted under Article 1.
5. A condition for adjustment because of different commercial levels or
different quantities is that such adjustment, whether it leads to an increase or a
decrease in the value, be made only on the basis of demonstrated evidence that
clearly establishes the reasonableness and accuracy of the adjustment, e.g. valid
As an example of this, if the imported goods being valued consist of a
shipment of 10 units and the only similar imported goods for which a transaction
value exists involved a sale of 500 units, and it is recognized that the seller grants
quantity discounts, the required adjustment may be accomplished by resorting to the
seller’s price list and using that price applicable to a sale of 10 units. This does not
require that a sale had to have been made in quantities of 10 as long as the price list
has been established as being bona fide through sales at other quantities. In the
absence of such an objective measure, however, the determination of a customs
value under the provisions of Article 3 is not appropriate.
Note to Article 5
1. The term "unit price at which ... goods are sold in the greatest aggregate
quantity" means the price at which the greatest number of units is sold in sales to
persons who are not related to the persons from whom they buy such goods at the
first commercial level after importation at which such sales take place.
2. As an example of this, goods are sold from a price list which grants
favourable unit prices for purchases made in larger quantities.
Sale quantity
Unit price
Number of sales
Total quantity sold at each price
1-10 units
10 sales of 5 units
5 sales of 3 units
11-25 units
5 sales of 11 units
over 25 units
1 sale of 30 units
1 sale of 50 units
The greatest number of units sold at a price is 80; therefore, the unit price in
the greatest aggregate quantity is 90.
3. As another example of this, two sales occur. In the first sale 500 units are
sold at a price of 95 currency units each. In the second sale 400 units are sold at a
a particular price is 500; therefore, the unit price in the greatest aggregate quantity is
95.
4. A third example would be the following situation where various quantities
are sold at various prices.
(a) Sales
Sale quantity
Unit price
40 units
30 units
15 units
50 units
25 units
35 units
5 units
(b) Totals
Total quantity sold
Unit price
In this example, the greatest number of units sold at a particular price is 65;
therefore, the unit price in the greatest aggregate quantity is 90.
5. Any sale in the importing country, as described in paragraph 1 above, to a
person who supplies directly or indirectly free of charge or at a reduced cost for use
in connection with the production and sale for export of the imported goods any of
the elements specified in paragraph 1(b) of Article 8, should not be taken into
account in establishing the unit price for the purposes of Article 5.
6. It should be noted that "profit and general expenses" referred to in paragraph
1 of Article 5 should be taken as a whole. The figure for the purposes of this
deduction should be determined on the basis of information supplied by or on behalf
of the importer unless his figures are inconsistent with those obtained in sales in
Malta of imported goods of the same class or kind. Where the importer’s figures are
inconsistent with such figures, the amount for profit and general expenses may be
based upon relevant information other than that supplied by or on behalf of the
importer.
7. The "general expenses" include the direct and indirect costs of marketing the
goods in question.
8. Local taxes payable by reason of the sale of the goods for which a deduction
is not made under the provisions of paragraph 1(a)(iv) of Article 5 shall be deducted
under the provisions of paragraph 1(a)(i) of Article 5.
9. In determining either the commissions or the usual profits and general
expenses under the provisions of paragraph 1 of Article 5, the question whether
certain goods are "of the same class or kind" as other goods must be determined on a
case-by-case basis by reference to the circumstances involved. Sales in Malta of the
narrowest group or range of imported goods of the same class or kind, which
includes the goods being valued, for which the necessary information can be
provided, should be examined. For the purposes of Article 5, "goods of the same
class or kind" includes goods imported from the same country as the goods being
valued as well as goods imported from other countries.
10. For the purposes of paragraph 1(b) of Article 5, the "earliest date" shall be
the date by which sales of the imported goods or of identical or similar imported
goods are made in sufficient quantity to establish the unit price.
11. Where the method in paragraph 2 of Article 5 is used, deductions made for
the value added by further processing shall be based on objective and quantifiable
data relating to the cost of such work. Accepted industry formulas, recipes, methods
of construction, and other industry practices would form the basis of the
calculations.
12. It is recognized that the method of valuation provided for in paragraph 2 of
Article 5 would normally not be applicable when, as a result of the further
processing, the imported goods lose their identity. However, there can be instances
where, although the identity of the imported goods is lost, the value added by the
processing can be determined accurately without unreasonable difficulty. On the
other hand, there can also be instances where the imported goods maintain their
identity but form such a minor element in the goods sold in Malta that the use of this
valuation method would be unjustified. In view of the above, each situation of this
type must be considered on a case-by-case basis.
Note to Article 6
1. As a general rule, customs value is determined under this Schedule on the
basis of information readily available in Malta. In order to determine a computed
value, however, it may be necessary to examine the costs of producing the goods
being valued and other information which has to be obtained from outside Malta.
Furthermore, in most cases the producer of the goods will be outside the jurisdiction
of the authorities of Malta. The use of the computed value method will generally be
limited to those cases where the buyer and seller are related, and the producer is
prepared to supply to the authorities of Malta the necessary costings and to provide
facilities for any subsequent verification which may be necessary.
2. The "cost or value" referred to in paragraph 1(a) of Article 6 is to be
determined on the basis of information relating to the production of the goods being
valued supplied by or on behalf of the producer. It is to be based upon the
commercial accounts of the producer, provided that such accounts are consistent
with the generally accepted accounting principles applied in the country where the
goods are produced.
3. The "cost or value" shall include the cost of elements specified in paragraphs
1(a)(ii) and (iii) of Article 8. It shall also include the value, apportioned as
appropriate under the provisions of the relevant note to Article 8, of any element
specified in paragraph 1(b) of Article 8 which has been supplied directly or
indirectly by the buyer for use in connection with the production of the imported
goods. The value of the elements specified in paragraph 1(b)(iv) of Article 8 which
are undertaken in Malta shall be included only to the extent that such elements are
charged to the producer. It is to be understood that no cost or value of the elements
referred to in this paragraph shall be counted twice in determining the computed
value.
4. The "amount for profit and general expenses" referred to in paragraph 1(b)
of Article 6 is to be determined on the basis of information supplied by or on behalf
of the producer unless his figures are inconsistent with those usually reflected in
sales of goods of the same class or kind as the goods being valued which are made by
producers in the country of exportation for export to Malta.
5. It should be noted in this context that the "amount for profit and general
expenses" has to be taken as a whole. It follows that if, in any particular case, the
producer’s profit figure is low and his general expenses are high, his profit and
general expenses taken together may nevertheless be consistent with that usually
reflected in sales of goods of the same class or kind. Such a situation might occur,
for example, if a product were being launched in Malta and the producer accepted a
nil or low profit to offset high general expenses associated with the launch. Where
the producer can demonstrate that he is taking a low profit on his sales of the
imported goods because of particular commercial circumstances, his actual profit
figures should be taken into account provided that he has valid commercial reasons
to justify them and his pricing policy reflects usual pricing policies in the branch of
industry concerned. Such a situation might occur, for example, where producers have
been forced to lower prices temporarily because of an unforeseeable drop in demand,
or where they sell goods to complement a range of goods being produced in Malta
and accept a low profit to maintain competitivity. Where the producer’s own figures
for profit and general expenses are not consistent with those usually reflected in
sales of goods of the same class or kind as the goods being valued which are made by
producers in the country of exportation for export to Malta, the amount for profit and
general expenses may be based upon relevant information other than that supplied by
or on behalf of the producer of the goods.
6. Where information other than that supplied by or on behalf of the producer is
used for the purposes of determining a computed value, the authorities of the
importing country shall inform the importer, if the latter so requests, of the source of
such information, the data used and the calculations based upon such data, subject to
the provisions of Article 10.
7. The "general expenses" referred to in paragraph 1(b) of Article 6 covers the
direct and indirect costs of producing and selling the goods for export which are not
included under paragraph 1(a) of Article 6.
8. Whether certain goods are "of the same class or kind" as other goods must be
determined on a case-by-case basis with reference to the circumstances involved. In
determining the usual profits and general expenses under the provisions of Article 6,
sales for export to Malta of the narrowest group or range of goods, which includes
the goods being valued, for which the necessary information can be provided, should
be examined. For the purposes of Article 6, "goods of the same class or kind" must
be from the same country as the goods being valued.
Note to Article 7
1. Customs values determined under the provisions of Article 7 should, to the
greatest extent possible, be based on previously determined customs values.
2. The methods of valuation to be employed under Article 7 should be those
laid down in Articles 1 to 6, inclusive, but a reasonable flexibility in the application
of such methods would be in conformity with the aims and provisions of Article 7.
3. Some examples of reasonable flexibility are as follows
Identical goods - the requirement that the identical goods should be
a.
exported at or about the same time as the goods being valued could be
flexibly interpreted; identical imported goods produced in a country
other than the country of exportation of the goods being valued could be
the basis for customs valuation; customs values of identical imported
goods already determined under the provisions of Articles 5 and 6 could
be used.
Similar goods - the requirement that the similar goods should be
b.
exported at or about the same time as the goods being valued could be
flexibly interpreted; similar imported goods produced in a country other
than the country of exportation of the goods being valued could be the
basis for customs valuation; customs values of similar imported goods
already determined under the provisions of Articles 5 and 6 could be
used.
Deductive method - the requirement that the goods shall have been sold
c.
in the "condition as imported" in paragraph 1(a) of Article 5 could be
flexibly interpreted; the "ninety days" requirement could be
administered flexibly.
Note to Article 8
Paragraph 1(a)(i)
The term "buying commissions" means fees paid by an importer to his agent
for the service of representing him abroad in the purchase of the goods being valued.
Paragraph 1(b)(ii)
1. There are two factors involved in the apportionment of the elements
specified in paragraph 1(b)(ii) of Article 8 to the imported goods - the value of the
element itself and the way in which that value is to be apportioned to the imported
goods. The apportionment of these elements should be made in a reasonable manner
appropriate to the circumstances and in accordance with generally accepted
accounting principles.
2. Concerning the value of the element, if the importer acquires the element
from a seller not related to him at a given cost, the value of the element is that cost.
If the element was produced by the importer or by a person related to him, its value
would be the cost of producing it. If the element had been previously used by the
importer, regardless of whether it had been acquired or produced by such importer,
the original cost of acquisition or production would have to be adjusted downward to
reflect its use in order to arrive at the value of the element.
3. Once a value has been determined for the element, it is necessary to
apportion that value to the imported goods. Various possibilities exist. For example,
the value might be apportioned to the first shipment if the importer wishes to pay
duty on the entire value at one time. As another example, the importer may request
that the value be apportioned over the number of units produced up to the time of the
first shipment. As a further example, he may request that the value be apportioned
over the entire anticipated production where contracts or firm commitments exist for
that production. The method of apportionment used will depend upon the
documentation provided by the importer.
4. As an illustration of the above, an importer provides the producer with a
mould to be used in the production of the imported goods and contracts with him to
buy 10,000 units. By the time of arrival of the first shipment of 1,000 units, the
producer has already produced 4,000 units. The importer may request the customs
administration to apportion the value of the mould over 1,000 units, 4,000 units or
10,000 units.
Paragraph 1(b)(iv)
1. Additions for the elements specified in paragraph 1 (b)(iv) of Article 8
should be based on objective and quantifiable data. In order to minimize the burden
for both the importer and customs administration in determining the values to be
added, data readily available in the buyer’s commercial record system should be
used in so far as possible.
2. For those elements supplied by the buyer which were purchased or leased by
the buyer, the addition would be the cost of the purchase or the lease. No addition
shall be made for those elements available in the public domain, other than the cost
of obtaining copies of them.
3. The ease with which it may be possible to calculate the values to be added
will depend on a particular firm’s structure and management practice, as well as its
accounting methods.
4. For example, it is possible that a firm which imports a variety of products
from several countries maintains the records of its design centre outside Malta in
such a way as to show accurately the costs attributable to a given product. In such
cases, a direct adjustment may appropriately be made under the provisions of Article
8.
5. In another case, a firm may carry the cost of the design centre outside Malta
as a general overhead expense without allocation to specific products. In this
instance, an appropriate adjustment could be made under the provisions of Article 8
with respect to the imported goods by apportioning total design centre costs over
total production benefiting from the design centre and adding such apportioned cost
on a unit basis to imports.
6. Variations in the above circumstances will, of course, require different
factors to be considered in determining the proper method of allocation.
7. In cases where the production of the element in question involves a number
of countries and over a period of time, the adjustment should be limited to the value
actually added to that element outside Malta.
Paragraph 1(c)
1. The royalties and licence fees referred to in paragraph 1(c) of Article 8 may
include, among other things, payments in respect to patents, trade marks and
copyrights. However, the charges for the right to reproduce the imported goods in
Malta shall not be added to the price actually paid or payable for the imported goods
in determining the customs value.
2. Payments made by the buyer for the right to distribute or resell the imported
goods shall not be added to the price actually paid or payable for the imported goods
if such payments are not a condition of the sale for export to Malta of the imported
goods.
Paragraph 3
Where objective and quantifiable data do not exist with regard to the
additions required to be made under the provisions of Article 8, the transaction value
cannot be determined under the provisions of Article 1. As an illustration of this, a
royalty is paid on the basis of the price in a sale in the importing country of a litre of
a particular product that was imported by the kilogram and made up into a solution
after importation. If the royalty is based partially on the imported goods and partially
on other factors which have nothing to do with the imported goods (such as when the
imported goods are mixed with domestic ingredients and are no longer separately
identifiable, or when the royalty cannot be distinguished from special financial
arrangements between the buyer and the seller), it would be inappropriate to attempt
to make an addition for the royalty. However, if the amount of this royalty is based
only on the imported goods and can be readily quantified, an addition to the price
actually paid or payable can be made.
Note to Article 12
Paragraph 4
For the purposes of this Article, the term "persons" includes legal person,
where appropriate.
Paragraph 4(e)
For the purposes of this Schedule, one person shall be deemed to control
another when the former is legally or operationally in a position to exercise restraint
or direction over the latter.