Using export price data under the fallback method of customs valuation: lessons from CJEU

Since the start of 2026, the Court of Justice of the European Union has issued two rulings focusing on the use of the fallback method for customs valuation. These decisions have brought renewed attention to the types of price information that may be relied upon when determining the customs value of imported goods under this method. This article takes a closer look at export prices and examines whether they can be used as a valid basis for customs valuation under the fallback method.
Related content
Customs valuation - the particularities of different countries
Customs valuation is one of the most problematic areas of customs, whatever the country or territory. Experts from different continents - from North and South America to Europe and Asia…
Key updates to the 2025 Commission’s Compendium of customs valuation
Can EU green initiatives influence the determination of the customs value of goods imported into the EU? This article reviews the latest developments from the European Commission included in the…
Valuation fall-back method - pracical insights from case law
The fallback (residual) method is the most flexible but also the most complex of the six methods for determining customs value under EU law, applied only once every other method…
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…
Post-import price adjustments and transfer pricing: US, WCO and EU perspectives
One of the most pressing questions in customs valuation arises in situations where prices have not been fixed at the time of sale or at the time of importation, but…
Incoterms® and case law: legal interpretation in international trade
Barbara Bonafini, a lawyer specialising in international trade and customs law, examines Incoterms® from a case-law perspective, contrasting how the Italian Supreme Court and the European Court of Justice interpret…