Question & AnswerQ&A (Republic Act No. 8181)
The dutiable value shall be the transaction value, which is the price actually paid or payable for the goods when sold for export to the Philippines, adjusted for certain costs and fees as specified in the law.
Commissions and brokerage fees (except buying commissions); cost of containers; cost of packing; value of materials and services incorporated or used in production; royalties and license fees related to the goods; proceeds of any subsequent resale accruing to the seller; transportation cost to the port of entry; loading/unloading/handling charges; and insurance costs.
The Commissioner may require further explanation and additional documents from the importer. If doubt remains, alternative valuation methods such as transaction value of identical or similar goods, domestic selling price, computed value, or other reasonable means consistent with GATT principles may be used.
It refers to any condition that creates probable cause for the Commissioner of Customs to believe the invoice value declared is inaccurate, such as prices linked to other goods, conditions affecting pricing, or if buyer and seller are related and the relationship influenced the price.
Identical goods are the same in all respects, including physical characteristics, quality, and reputation; minor appearance differences do not exclude identification. Similar goods have like characteristics and materials enabling them to perform the same functions and be commercially interchangeable, considering quality, reputation, and trademarks.
The importer may secure release of imported goods upon filing a cash bond equivalent to the imposable duties and taxes plus 25%, conditioned upon payment of customs duties and taxes. Prohibited goods shall not be released under any circumstance.
Until January 1, 2000, or earlier if Congress orders, the dutiable value shall be based on the export value of identical or similar articles in principal export markets or domestic wholesale selling prices, with adjustments, if the export value cannot be ascertained or is doubtful.
The Secretary of Finance, upon the recommendation of the Commissioner of Customs.
The Commissioner may delegate power to determine dutiable values and to release imported goods under cash bond where there are no established published values, with subsequent reporting and publication of correct dutiable values.
An importer or interested party may file a protest within 15 days from publication. The Commissioner of Customs must resolve the protest within 15 days, either by amending or retaining the value, and must publish the decision.
Fifteen (15) days after its complete publication in the Official Gazette or in at least two newspapers of general circulation, whichever came earlier.
They include officers or directors of each other's businesses, legally recognized partners, employer-employee relations, ownership or control of five percent or more of voting stock, control relationships by or over a third person, and family members (brothers, sisters, spouse, ancestors, lineal descendants).
It is the sum of the cost or value of raw materials for producing the goods, profit and general expenses based on producers' sales of similar goods to the Philippines, and freight, insurance, and transportation expenses for the importation.
The Commissioner must establish, publish, and update correct dutiable values from available data, making them binding until changed. Values are published in newspapers and other accessible media, with mechanisms for protest and review.
The value shall be determined using other reasonable means consistent with GATT principles, based on data available in the Philippines.