Customs valuation update

This video gives customs and trade compliance professionals an update on EU customs valuation case law, centred on the Court of Justice's Keladis I & II judgments and their impact on how customs authorities can challenge declared values.

Topics covered:

• The transaction value method as the primary valuation method under the Union Customs Code and the WTO Customs Valuation Agreement, and when customs authorities may reject it
• WCO guidance on when a low declared value is still acceptable (market-penetration pricing, below-cost clearance sales, flash-sale purchases)
• The line of CJEU case law on using statistical values to identify and replace undervalued declarations (including the EURO 2004 Hungary case and Baltic Master)
• The Keladis I & II cases: post-clearance audits on textile imports from Turkey and the use of the "lowest acceptable price" (LAP) fallback method
• The hierarchy of valuation methods and when the fallback method may be used
• Whether an EU-wide statistical database qualifies as "data available in the Community" and is not an impermissible arbitrary or fictitious value
• The representative time period used to calculate a lowest acceptable price
• Member states' flexibility in designating who is liable for import VAT

For a broader overview of the topic, please watch the full recording. The slides are available in the Resources section.

Please note that this summary was generated using AI, based on the recording and available slides.