Customs valuationen
Value adjustments
Modifications to the price actually paid or payable to establish customs value, including mandatory additions and authorised deductions.
Definition and principle
Value adjustments are the modifications that must be made to the price actually paid or payable to obtain the correct customs value of imported goods. They include elements to be added (positive adjustments) and elements to be deducted (negative adjustments) from the invoiced price.
Legal framework
Adjustments are governed by article 71 of the UCC (elements to add) and article 72 of the UCC (elements to exclude). They correspond to articles 8 and 1, interpretive note, of the WTO Customs Valuation Agreement. Delegated Regulation 2015/2446 (articles 130 to 144) details the implementation modalities.
Elements to add (article 71 UCC)
- Selling commissions and brokerage fees (excluding buying commissions)
- Cost of containers and packing considered as being one with the goods
- Assists: materials, tools, plans supplied by the buyer
- Royalties and licence fees related to the goods and a condition of sale
- Proceeds of resale accruing to the seller
- Transport, insurance, and handling costs to the point of introduction into the EU
Elements to deduct (article 72 UCC)
- Transport costs after introduction into the EU customs territory (if invoiced separately)
- Construction, erection, assembly, and installation costs in the EU
- Reproduction rights in the EU
- Buying commissions (remuneration of the buyer's agent)
- Interest charges for financing the purchase (under strict conditions)
- Import duties and taxes payable in the EU
Common mistakes
- Not identifying all adjustable elements in complex commercial contracts
- Confusing buying commissions (deductible) with selling commissions (to be added)
- Omitting retroactive adjustments (year-end rebates, transfer pricing adjustments)