What is customs valuation?
Laws and Regulation
|The customs value of goods is regulated under Articles 29-45 of the Customs Law and Articles 68-98 of the Decree on implementation of the Customs Law.|
Determination of customs base
|The Customs Law defines the following methods for determining the customs value of goods:
Method 1: Transaction value method;
Method 2: Transaction value of identical goods method;
Method 3: Transaction value of similar goods method;
Method 4: Deductive method for determining customs value (single price);
Method 5: Computed value method;
Method 6: Residual method (available data method).
In most cases, the customs value is computed by using the transaction value method.
|Transaction value is the price of goods actually paid or payable when importing into Montenegro. The actually paid or payable price of goods is the total amount the buyer paid or is going to pay to the seller for the imported goods, which envisages all sums the buyer paid to the seller as a requirement for the selling of the imported goods, or the buyer paid to third persons due to fulfilment of the seller’s responsibilities.
The burden of proof that the transaction value method is inapplicable shall always be borne by the customs authorities and it shall be documented by sufficient number of evidence.
Should it be impossible to determine the customs value on the basis of the transaction value, it shall be determined based on the next applicable method of determination, in accordance with the above mentioned order.
|For determining the customs value, in addition to a customs declaration, it shall be necessary to submit all data related to the customs value of the imported goods, that is, to submit a customs value declaration of goods - CVD and CVD bis.
The declaration of customs value is a statement where the declarer provides the necessary data for determining the customs value of the imported goods. As other types of declarations and statements submitted to customs authorities, the data given in the declaration of customs value must be based on accompanying proof. The declaration of customs value is usually accompanied by documents supporting the reported data. However, if the supporting data to the declaration of customs value are insufficient, the customs authorities are entitled to request from the declarer to submit additional data or details.
The Customs Administration does not use minimal or referent values when determining the customs value of goods.
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