2024 April No.69 – Valuation, Appraisement and Duty Assessment


69. The U .S. importer entered into an agreement with an unrelated exporter/manufacturer for the purchase of 10,000 branded hats. The purchase contract contained the following terms: the price for the 10,000 hats is $50,000.00 ; the merchandise may be resold only in New York; and the buyer indicates that it will spend $5,000.00 on his own account to promote the sale of the merchandise. No selling commission, assist, royalty, or license fee is involved.  Is transaction value the proper method of appraisement a nd, if so, what is the transaction value?(2024 April No.69 Valuation, Appraisement and Duty Assessment)

A) No, transaction value is inapplicable because there is a restriction on the disposition or use of the merchandise (i.e., the merchandise may be resold only in New York).

B) Yes, $50,000.00

C) Yes, but it is impossible to calculate the transaction value based on the information provided

D) Yes, $55,000.00

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The Answer is: B

Citation: 19 CFR 152.103(a)(2)
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