Friday, 29 September 2017

Customs Valuation Rules

This is to update you that CBEC has issued by Notification 91/2017(NT) dated 26 September 2017 which amends the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. Further, a circular 39/2017 dated 26 September 2017 has also been issued clarifying the key changes that have been made vide the amendment Notification.  We have summarised the amendments below for your ease of reference:  


  
·         Definition of the term ‘place of importation’ :The “place of importation” has now been defined as the customs station where the goods are brought for clearance or removal. By virtue of this amendment, the transaction value as per section 14 of the Customs Act, 1962 would include the costs incurred upto customs station as defined above.

·         Computation of freight and insurance: Clarity has been given for computation of cost of transport and insurance charges in cases when actuals of each individual element are not known, but the cumulative value of FOB and freight, or, FOB and insurance charges are known.

·         Treatment of the loading, unloading and handling charges: The loading, unloading and handling charges associated with the delivery of the imported goods at the place of importation, shall no longer be added to the CIF value of the goods

·         The phrase “loading, unloading and handling charges” appearing in the amended Rule 10 (2) (a) is to be understood in context of Article 8(2) of the WTO Agreement which reads as “the cost of transport of the imported goods to the port or place of importation”. Thus, only charges incurred for delivery of goods “to the place of importation (such as the loading and handling charges incurred at the load port) shall now be includible in the transaction value.

Given the above, the notional charge of 1% on the CIF value will no longer required to be added to the CIF value for computation of Customs duty.


·         Treatment of transhipment costs: Costs related to transhipment of goods (from ports to ICDs, port to port, port to CFS, Airport to Airport etc.) within India will be excluded from the transaction value of the goods. Earlier only the transshipment charges with respect to a container being moved from port to an ICD and CFS were excluded from the transaction value.

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