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Customs Act (R.S.C., 1985, c. 1 (2nd Supp.))

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-22. Previous Versions

PART IIICalculation of Duty (continued)

Duties Based on Percentage Rates (continued)

Determination of Value for Duty

Marginal note:Determination of value for duty

 The value for duty of imported goods shall be determined in accordance with sections 47 to 55.

Order of Consideration of Methods of Valuation

Marginal note:Primary basis of appraisal

  •  (1) The value for duty of goods shall be appraised on the basis of the transaction value of the goods in accordance with the conditions set out in section 48.

  • Marginal note:Subsidiary bases of appraisal

    (2) Where the value for duty of goods is not appraised in accordance with subsection (1), it shall be appraised on the basis of the first of the following values, considered in the order set out herein, that can be determined in respect of the goods and that can, under sections 49 to 52, be the basis on which the value for duty of the goods is appraised:

    • (a) the transaction value of identical goods that meets the requirements set out in section 49;

    • (b) the transaction value of similar goods that meets the requirements set out in section 50;

    • (c) the deductive value of the goods; and

    • (d) the computed value of the goods.

  • Marginal note:Request of importer

    (3) Notwithstanding subsection (2), on the written request of the importer of any goods being appraised made prior to the commencement of the appraisal of those goods, the order of consideration of the values referred to in paragraphs (2)(c) and (d) shall be reversed.

  • Marginal note:Residual basis of appraisal

    (4) Where the value for duty of goods is not appraised on the basis of any of the values referred to in paragraphs (2)(a) to (d), the value for duty of those goods shall be appraised under section 53.

Transaction Value of the Goods

Marginal note:Transaction value as primary basis of appraisal

  •  (1) Subject to subsections (6) and (7), the value for duty of goods is the transaction value of the goods if the goods are sold for export to Canada to a purchaser in Canada and the price paid or payable for the goods can be determined and if

    • (a) there are no restrictions respecting the disposition or use of the goods by the purchaser thereof, other than restrictions that

      • (i) are imposed by law,

      • (ii) limit the geographical area in which the goods may be resold, or

      • (iii) do not substantially affect the value of the goods;

    • (b) the sale of the goods by the vendor to the purchaser or the price paid or payable for the goods is not subject to some condition or consideration, with respect to the goods, in respect of which a value cannot be determined;

    • (c) when any part of the proceeds of any subsequent resale, disposal or use of the goods by the purchaser is to accrue, directly or indirectly, to the vendor, the price paid or payable for the goods includes the value of that part of the proceeds or the price is adjusted in accordance with paragraph (5)(a); and

    • (d) the purchaser and the vendor of the goods are not related to each other at the time the goods are sold for export or, where the purchaser and the vendor are related to each other at that time,

      • (i) their relationship did not influence the price paid or payable for the goods, or

      • (ii) the importer of the goods demonstrates that the transaction value of the goods meets the requirement set out in subsection (3).

  • Marginal note:Procedure in application of paragraph (1)(d)

    (2) In the application of paragraph (1)(d), where the purchaser and the vendor of goods being appraised are related to each other at the time the goods are sold for export and the officer who is appraising the value for duty of the goods has grounds to believe that the requirement set out in subparagraph (1)(d)(i) is not met, the officer shall notify the importer of the goods of such grounds and, on the written request of the importer, the notification shall be in writing.

  • Marginal note:Requirement for accepting transaction value where purchaser and vendor related

    (3) For the purposes of subparagraph (1)(d)(ii), the transaction value of goods being appraised shall, taking into consideration any relevant factors including, without limiting the generality of the foregoing, such factors and differences as may be prescribed, closely approximate one of the following values that is in respect of identical goods or similar goods exported at the same or substantially the same time as the goods being appraised and is the value for duty of the goods to which it relates:

    • (a) the transaction value of identical goods or similar goods in a sale of those goods for export to Canada between a vendor and purchaser who are not related to each other at the time of the sale;

    • (b) the deductive value of identical goods or similar goods; or

    • (c) the computed value of identical goods or similar goods.

  • Marginal note:Determination of transaction value

    (4) The transaction value of goods shall be determined by ascertaining the price paid or payable for the goods when the goods are sold for export to Canada and adjusting the price paid or payable in accordance with subsection (5).

  • Marginal note:Adjustment of price paid or payable

    (5) The price paid or payable in the sale of goods for export to Canada shall be adjusted

    • (a) by adding thereto amounts, to the extent that each such amount is not already included in the price paid or payable for the goods, equal to

      • (i) commissions and brokerage in respect of the goods incurred by the purchaser thereof, other than fees paid or payable by the purchaser to his agent for the service of representing the purchaser abroad in respect of the sale,

      • (ii) the packing costs and charges incurred by the purchaser in respect of the goods, including the cost of cartons, cases and other containers and coverings that are treated for customs purposes as being part of the imported goods and all expenses of packing incident to placing the goods in the condition in which they are shipped to Canada,

      • (iii) the value of any of the following goods and services, determined in the manner prescribed, that are supplied, directly or indirectly, by the purchaser of the goods free of charge or at a reduced cost for use in connection with the production and sale for export of the imported goods, apportioned to the imported goods in a reasonable manner and in accordance with generally accepted accounting principles:

        • (A) materials, components, parts and other goods incorporated in the imported goods,

        • (B) tools, dies, moulds and other goods utilized in the production of the imported goods,

        • (C) any materials consumed in the production of the imported goods, and

        • (D) engineering, development work, art work, design work, plans and sketches undertaken elsewhere than in Canada and necessary for the production of the imported goods,

      • (iv) royalties and licence fees, including payments for patents, trademarks and copyrights, in respect of the goods that the purchaser of the goods must pay, directly or indirectly, as a condition of the sale of the goods for export to Canada, exclusive of charges for the right to reproduce the goods in Canada,

      • (v) the value of any part of the proceeds of any subsequent resale, disposal or use of the goods by the purchaser thereof that accrues or is to accrue, directly or indirectly, to the vendor, and

      • (vi) the cost of transportation of, the loading, unloading and handling charges and other charges and expenses associated with the transportation of, and the cost of insurance relating to the transportation of, the goods to the place within the country of export from which the goods are shipped directly to Canada;

    • (b) by deducting therefrom amounts, to the extent that each such amount is included in the price paid or payable for the goods, equal to

      • (i) the cost of transportation of, the loading, unloading and handling charges and other charges and expenses associated with the transportation of, and the cost of insurance relating to the transportation of, the goods from the place within the country of export from which the goods are shipped directly to Canada, and

      • (ii) any of the following costs, charges or expenses if the cost, charge or expense is identified separately from the price paid or payable for the goods:

        • (A) any reasonable cost, charge or expense that is incurred for the construction, erection, assembly or maintenance of, or technical assistance provided in respect of, the goods after the goods are imported, and

        • (B) any duties and taxes paid or payable by reason of the importation of the goods or sale of the goods in Canada, including, without limiting the generality of the foregoing, any duties or taxes levied on the goods under the Customs Tariff, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs; and

    • (c) by disregarding any rebate of, or other decrease in, the price paid or payable for the goods that is effected after the goods are imported.

  • Marginal note:Effect of absence of sufficient information

    (6) Where there is not sufficient information to determine any of the amounts required to be added to the price paid or payable in respect of any goods being appraised, the value for duty of the goods shall not be appraised under this section.

  • Marginal note:Where information inaccurate

    (7) Where an officer who is appraising the value for duty of goods believes on reasonable grounds that the information submitted in support of the transaction value of the goods as determined under subsection (4) is inaccurate, the officer shall determine, in accordance with the prescribed procedure, that the value for duty of the goods shall not be appraised under this section.

  • R.S., 1985, c. 1 (2nd Supp.), s. 48
  • 1994, c. 47, s. 71
  • 1995, c. 41, s. 18
  • 2002, c. 22, s. 336
  • 2009, c. 10, s. 7
  • 2014, c. 20, s. 366(E)
 
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