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Mission possible: how the WTO Valuation Agreement strikes a balance between trade facilitation and customs regulation
17-07-2022

Customs valuation is one of the largest challenges in international trade. That is why the rules of customs valuation are set out in an international treaty. On the one hand, this is aimed at harmonizing the valuation rules, while on the other hand, it is aimed at protecting economic operators from the arbitrariness of the authorities and, ultimately, at helping traders. Does it really work in practice, and does it serve both public and private interests in international trade? In the article, the peculiarities of customs valuation are highlighted, which are especially important to consider for those who deal with developing and least-developed countries.

Rizwan Mahmood

law international, value of goods
en
Mission possible: how the WTO Valuation Agreement strikes a balance between trade facilitation and customs regulation
17-07-2022

Customs valuation is one of the largest challenges in international trade. That is why the rules of customs valuation are set out in an international treaty. On the one hand, this is aimed at harmonizing the valuation rules, while on the other hand, it is aimed at protecting economic operators from the arbitrariness of the authorities and, ultimately, at helping traders. Does it really work in practice, and does it serve both public and private interests in international trade? In the article, the peculiarities of customs valuation are highlighted, which are especially important to consider for those who deal with developing and least-developed countries.

Rizwan Mahmood

law international, value of goods
en, lt
Customs valuation: What should all stakeholders
19min
image

Bertrand Rager

‎ €38.99
value of goods
en, lt
Customs valuation: What should all stakeholders in the company know about it?
19min
image

Bertrand Rager

‎ €38.99
value of goods
en
Four common misconceptions in the relationship between importers and customs brokers
16-06-2022

Importers often try to avoid customs clearance processes, relying entirely on the customs broker. On the one hand, the broker is a customs expert, possesses relevant experience and, ultimately, receives a commission for his/her work. It seems that the importer should not be involved in the processes managed by the customs broker. On the other hand, such self-exclusion can result in very unpleasant financial and reputational consequences. This article considers the most common misconceptions of importers in cooperation with customs brokers, which cause losses for both sides.

Peter Mitchell

compliance and risk management, customs representation
en
Four common misconceptions in the relationship between importers and customs brokers
16-06-2022

Importers often try to avoid customs clearance processes, relying entirely on the customs broker. On the one hand, the broker is a customs expert, possesses relevant experience and, ultimately, receives a commission for his/her work. It seems that the importer should not be involved in the processes managed by the customs broker. On the other hand, such self-exclusion can result in very unpleasant financial and reputational consequences. This article considers the most common misconceptions of importers in cooperation with customs brokers, which cause losses for both sides.

Peter Mitchell

compliance and risk management, customs representation
en, lt
Low value - is it the market price, a result of good business negotiation skills, or fraud?
08-05-2022

The problem of declaring a low value of goods and undervaluation to customs has always been relevant, and the control of determining the correct customs value has never left the sight of customs. We provide an overview of topics and cases of the European Court of Justice explored during an international conference, which took place recently in Rotterdam.

Milda Stravinskė

value of goods
en, lt
Low value - is it the market price, a result of good business negotiation skills, or fraud?
08-05-2022

The problem of declaring a low value of goods and undervaluation to customs has always been relevant, and the control of determining the correct customs value has never left the sight of customs. We provide an overview of topics and cases of the European Court of Justice explored during an international conference, which took place recently in Rotterdam.

Milda Stravinskė

value of goods
en
Customs-related online resources in Canada
26-01-2022

To provide proper customs information, an importer needs knowledge. Online resources make acquiring it easier than it used to be. We overview online resources available in Canada for tariff classification, adjustments to transaction value, the origin of goods, commercial invoice, customs accounting declaration, calculation of duties and GST. This information is also useful for European (and other) exporters who sell their goods to Canada and want to know more about the import requirements of the country of destination.

Peter Mitchell

e-customs
en
Customs-related online resources in Canada
26-01-2022

To provide proper customs information, an importer needs knowledge. Online resources make acquiring it easier than it used to be. We overview online resources available in Canada for tariff classification, adjustments to transaction value, the origin of goods, commercial invoice, customs accounting declaration, calculation of duties and GST. This information is also useful for European (and other) exporters who sell their goods to Canada and want to know more about the import requirements of the country of destination.

Peter Mitchell

e-customs
en
Customs valuation IS: rules and practice of using the data
09-01-2022

Importer’s questions: Does an importer have the possibility to learn the transaction values of identical or similar goods imported by other EU importers? How do customs apply those values at the time of customs clearance? In order to answer these questions, let’s take a look at a customs information system (IS) of an EU member state, where the customs valuation-related data are stored, and at the rules and the practice of using the data.

Enrika Naujokė

e-customs, value of goods
en
Customs valuation IS: rules and practice of using the data
09-01-2022

Importer’s questions: Does an importer have the possibility to learn the transaction values of identical or similar goods imported by other EU importers? How do customs apply those values at the time of customs clearance? In order to answer these questions, let’s take a look at a customs information system (IS) of an EU member state, where the customs valuation-related data are stored, and at the rules and the practice of using the data.

Enrika Naujokė

e-customs, value of goods
lt
Prekių muitinės vertės nustatymo pagal PREMI duomenų bazę teisėtumas
31-12-2021

Pagrindiniu importuojamų prekių muitinės vertės teisingumo kontrolės principas yra deklaruotos ir tiriamos sandorio vertės palyginimas su sandorio verte, kurią kiti importuotojai deklaravo importuodami tapačias arba panašias prekes, t. y. su apskaičiuota lyginamąja importuojamų prekių kaina(-omis). Atsižvelgiant į tai, esminė nacionalinė prekių muitinės vertės kontrolės sistemos ypatybė Lietuvoje yra ta, jog ši sistema tradiciškai yra pagrįsta specializuotos lyginamųjų kainų duomenų bazės (PREMI duomenų bazės) naudojimu. Straipsnyje, remdamiesi aktualia Lietuvos vyriausiojo administracinio teismo praktika, aptariame kokiais atvejais toks muitinės vertės nustatymas yra laikytinas teisėtu, ar, priešingai, gali būti nuginčijamas.

Dr. Gediminas Valantiejus

value of goods
lt
Prekių muitinės vertės nustatymo pagal PREMI duomenų bazę teisėtumas
31-12-2021

Pagrindiniu importuojamų prekių muitinės vertės teisingumo kontrolės principas yra deklaruotos ir tiriamos sandorio vertės palyginimas su sandorio verte, kurią kiti importuotojai deklaravo importuodami tapačias arba panašias prekes, t. y. su apskaičiuota lyginamąja importuojamų prekių kaina(-omis). Atsižvelgiant į tai, esminė nacionalinė prekių muitinės vertės kontrolės sistemos ypatybė Lietuvoje yra ta, jog ši sistema tradiciškai yra pagrįsta specializuotos lyginamųjų kainų duomenų bazės (PREMI duomenų bazės) naudojimu. Straipsnyje, remdamiesi aktualia Lietuvos vyriausiojo administracinio teismo praktika, aptariame kokiais atvejais toks muitinės vertės nustatymas yra laikytinas teisėtu, ar, priešingai, gali būti nuginčijamas.

Dr. Gediminas Valantiejus

value of goods
lt
Prekių muitinio įvertinimo informacinė sistema PREMI IS
31-12-2021

Priimant sprendimą dėl importuojamų prekių muitinės vertės tikrinimo, be kita ko, muitinė tikrina, ar deklaruojama prekių vertė artima kitų importuotojų deklaruotoms tapačių arba panašių prekių sandorio vertėms, sukauptoms prekių muitinio įvertinimo informacinėje sistemoje PREMI IS. Apžvelkime, kokie duomenys kaupiami PREMI IS, kam jie naudojami bei kaip atrenkami.

Enrika Naujokė

e-customs, value of goods
lt
Prekių muitinio įvertinimo informacinė sistema PREMI IS
31-12-2021

Priimant sprendimą dėl importuojamų prekių muitinės vertės tikrinimo, be kita ko, muitinė tikrina, ar deklaruojama prekių vertė artima kitų importuotojų deklaruotoms tapačių arba panašių prekių sandorio vertėms, sukauptoms prekių muitinio įvertinimo informacinėje sistemoje PREMI IS. Apžvelkime, kokie duomenys kaupiami PREMI IS, kam jie naudojami bei kaip atrenkami.

Enrika Naujokė

e-customs, value of goods
en, lt
Basics in customs: commodity code, origin
15min
image

Muita UAB

‎ €29.89
classification, origin of goods, value of goods
en, lt
Basics in customs: commodity code, origin and duties, customs value
15min
image

Muita UAB

‎ €29.89
classification, origin of goods, value of goods
en, lt
Discounts, flash sales and customs valuation
30-10-2021

Various price discounts are often applied in trade in goods. Where the transaction is international and provisions of customs law apply, it is necessary to determine the customs value of the goods and to assess the acceptability of the discounts.

Milda Stravinskė

value of goods
en, lt
Discounts, flash sales and customs valuation
30-10-2021

Various price discounts are often applied in trade in goods. Where the transaction is international and provisions of customs law apply, it is necessary to determine the customs value of the goods and to assess the acceptability of the discounts.

Milda Stravinskė

value of goods
en, lt, ru
Overview of the 4th Conference of Customs Practitioners
04-09-2021

The best way to consolidate knowledge is repetition. Especially when one day of the conference is so rich in knowledge that, as one participant in the conference joked, “it doesn't fit in your head anymore.” So, we invite you to recall the topics and some of their aspects discussed at the 4th Customs Practitioners Conference in June. We also provide links to the conference records available for purchase (members of the Customs Practitioners Association are free of charge, see the benefits and conditions of membership) [1] and articles published by some speakers after the conference. Please note that the Customs Practitioners Association is preparing for the 5th Customs Practitioners Conference, which will take place on 2 December in Kaunas and online. We invite you to propose topics, raise questions and, of course, participate! More information will be published soon in www.lcpa.lt, contacts: info@lcpa.lt

Customs Practitioners Association

sources of knowledge
en, lt, ru
Overview of the 4th Conference of Customs Practitioners
04-09-2021

The best way to consolidate knowledge is repetition. Especially when one day of the conference is so rich in knowledge that, as one participant in the conference joked, “it doesn't fit in your head anymore.” So, we invite you to recall the topics and some of their aspects discussed at the 4th Customs Practitioners Conference in June. We also provide links to the conference records available for purchase (members of the Customs Practitioners Association are free of charge, see the benefits and conditions of membership) [1] and articles published by some speakers after the conference. Please note that the Customs Practitioners Association is preparing for the 5th Customs Practitioners Conference, which will take place on 2 December in Kaunas and online. We invite you to propose topics, raise questions and, of course, participate! More information will be published soon in www.lcpa.lt, contacts: info@lcpa.lt

Customs Practitioners Association

sources of knowledge
en, lt, ru
What's wrong with customs valuation in Ukraine?
22-05-2021

Customs valuation of goods imported into Ukraine is one of the most challenging stages of cross-border trade operations. It is relatively easy to determine the customs value of goods; however, it is almost impossible to convince the customs that the value is accurate and based on the actual price. Hence, there are many court appeals against customs decisions to adjust the customs value. The statistics of court proceedings on such cases are not in favour of customs. Thus, in cases involving Ukrainian customs, 80% (2330 out of 2917 considered over 11 months of 2020) of court decisions were made in favour of plaintiffs (importers, declarants, etc.).

Dr. Ilona Mishchenko

value of goods
en, lt, ru
What's wrong with customs valuation in Ukraine?
22-05-2021

Customs valuation of goods imported into Ukraine is one of the most challenging stages of cross-border trade operations. It is relatively easy to determine the customs value of goods; however, it is almost impossible to convince the customs that the value is accurate and based on the actual price. Hence, there are many court appeals against customs decisions to adjust the customs value. The statistics of court proceedings on such cases are not in favour of customs. Thus, in cases involving Ukrainian customs, 80% (2330 out of 2917 considered over 11 months of 2020) of court decisions were made in favour of plaintiffs (importers, declarants, etc.).

Dr. Ilona Mishchenko

value of goods
en, fr, lt
Overview of simplification on Customs valuation in the European Union
09-01-2021

In the EU, the “simplification for the determination of amounts being part of the Customs value of the goods” under the transaction value method allows operators to avoid the burden of a two-step declaration – i.e. a simplified declaration followed by a supplementary declaration – and to finalise Customs valuation declarations without delay in situations where there is no risk for the collection of import duties. Such simplifications are becoming increasingly relevant given the growing number of value elements, such as royalties or commissions, that cannot be quantified at the time of importation.

European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD)

value of goods
en, fr, lt
Overview of simplification on Customs valuation in the European Union
09-01-2021

In the EU, the “simplification for the determination of amounts being part of the Customs value of the goods” under the transaction value method allows operators to avoid the burden of a two-step declaration – i.e. a simplified declaration followed by a supplementary declaration – and to finalise Customs valuation declarations without delay in situations where there is no risk for the collection of import duties. Such simplifications are becoming increasingly relevant given the growing number of value elements, such as royalties or commissions, that cannot be quantified at the time of importation.

European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD)

value of goods
en, lt
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

value of goods
en, lt
Focus of the CJEU: exclusive distribution compensation and customs value
06-01-2021

Court of Justice of the European Union (CJEU) took another decision regarding customs valuation and adjustment of transaction value. In this decision CJEU analysed legal importance of compensation paid for the right to exclusively distribute goods. CJEU concluded that such compensation was the condition of sale and thus must be reflected in the customs value of goods. The fact that compensation was agreed on in a separate contract (not in a sale-purchase agreement) and that it was limited in time did not change conclusions of the CJEU. It is yet another signal for the importers to carefully examine all the payments between them and the seller and evaluate their possible influence on customs value of imported goods.

Monika Bielskienė

value of goods
en, lt
New version of European Commission‘s Guidance on Customs Valuation – an overview of changes
14-11-2020

On 25 September 2020, the European Commission has published a new version of the Guidance on Customs Valuation. Although this document is not legally binding, it is considered an important tool for the interpretation of the EU customs legislation. The guidance aims to ensure a common understanding between customs and economic operators and to provide a tool to facilitate the correct and harmonized application of customs legislation in the Member States. The guidance is expected to be included in the EU Customs Valuation Compendium in 2021.

Jovita Mikšienė

law national, value of goods
en, lt
New version of European Commission‘s Guidance on Customs Valuation – an overview of changes
14-11-2020

On 25 September 2020, the European Commission has published a new version of the Guidance on Customs Valuation. Although this document is not legally binding, it is considered an important tool for the interpretation of the EU customs legislation. The guidance aims to ensure a common understanding between customs and economic operators and to provide a tool to facilitate the correct and harmonized application of customs legislation in the Member States. The guidance is expected to be included in the EU Customs Valuation Compendium in 2021.

Jovita Mikšienė

law national, value of goods
en, fr, lt
Transfer pricing: understanding multinational firms’ practices
31-10-2020

A significant amount of work has been done over the last 15 years on “convergence” of income tax transfer pricing (TP) and Customs valuation. Both income tax and Customs rules seek the same result, ensuring that prices between related parties are “at arm’s length,” set as if the parties were unrelated. But the rules are different. Income tax TP rules in the majority of countries are based on guidelines established by the Organisation for Economic Co-operation and Development, OECD. Customs valuation principles are established in the WTO Valuation Agreement (Agreement). Moreover, the revenue collection focal points of tax and Customs administrations are different: a high transfer price generally results in a high duty, but low income tax; a low transfer price results in lower duties and higher income taxes.

William M. Methenitis

law international, value of goods
en, fr, lt
Transfer pricing: understanding multinational firms’ practices
31-10-2020

A significant amount of work has been done over the last 15 years on “convergence” of income tax transfer pricing (TP) and Customs valuation. Both income tax and Customs rules seek the same result, ensuring that prices between related parties are “at arm’s length,” set as if the parties were unrelated. But the rules are different. Income tax TP rules in the majority of countries are based on guidelines established by the Organisation for Economic Co-operation and Development, OECD. Customs valuation principles are established in the WTO Valuation Agreement (Agreement). Moreover, the revenue collection focal points of tax and Customs administrations are different: a high transfer price generally results in a high duty, but low income tax; a low transfer price results in lower duties and higher income taxes.

William M. Methenitis

law international, value of goods
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