2. Where neither the imported goods nor the identical or similar imported goods are sold in the importing country in the state in which they were imported, the customs value shall be fixed, on a proposal from the importer, on the basis of the unit price at which the imported goods are sold after further processing in the largest total number of persons in the importing country: who are not associated with the persons from whom they purchase the goods; due account shall be taken of the value added generated by that treatment and of the deductions referred to in point (a) of paragraph 1. There are other provisions in the agreement that developing countries can use if they wish. These are: Exchange rate. Article 9.1 requires Members to publish the exchange rates to be used for currency conversion. It is necessary to determine how and when exchange rates are published. In some countries, such as Argentina and Canada, exchange rates are adjusted daily and made available to the importing public through customs computer systems. 1. The legislation of each Member shall provide for the determination of the customs value of the duty of the importer or of another person responsible for the discharge of the customs duty without penalty. Any undertaking involved in international trade may benefit from the fair and predictable rules of this Agreement for the valuation of goods for customs purposes. One of the outcomes of the GATT Tokyo Round of trade negotiations was the agreement implementing Article VII of the General Agreement on Tariffs and Trade. It officially entered into force on 1 January 1981 and was adopted by various signatories from the mid-1980s.
Since the WTO is now the successor organization to the GATT, we call this the WTO Evaluation Agreement. The agreement stipulates that the customs legislation of each WTO member country provides for the right of importers without penalty, first to the country`s customs administration or an independent body, and then to a judicial authority. All laws, regulations, court decisions and administrative decisions that bring the contract into force are published. 2. (a) In determining whether the transaction value is acceptable for the purposes of paragraph 1, the fact that the buyer and seller are related within the meaning of Article 15 does not in itself constitute a reason to consider the transaction value to be unacceptable. In this case, the circumstances of the sale must be examined and the transaction value accepted, provided that the relationship did not influence the price. Where, on the basis of the information provided by the importer or otherwise, the customs administration has reason to believe that the relationship has affected the price, it shall inform the importer of the reasons and the importer shall have a reasonable opportunity to respond. On the proposal of the importer, the reasons for these reasons shall be provided in writing. In addition to a preamble and three annexes, the agreement consists of four main parts.
Part I sets out the substantive rules on customs valuation. .