CBP Extends Comment Period on Proposed Interpretation Eliminating Use of "First Sale" Valuation
Comments must be received by April 23, 2008
On February 7, 2008, the U.S. Customs and Border Protection ("CBP") published a notice
in the Federal Register extending by 30 days the comment period for its
proposed interpretation of the phrase "sold for exportation to the
United States" for purposes of applying the transaction value method of
appraisement when a series of sales exist prior to importation into the
U.S.
CBP is proposing that the transaction value (or price
paid or payable) for imported goods in a series of sales is the price
paid or payable in the last sale occurring prior to the goods'
importation into the United States, rather than the price in the first
or earlier sale. CBP states that this is based on its proposed revised
interpretation of the phrase "when sold for exportation to the United
States" such that CBP no longer believes that the first (or earlier)
sale qualifies as a sale for exportation to the United States. CBP
states that this proposed interpretation is in line with the
conclusions of the Technical Committee on Customs Valuation as set
forth in Commentary 22.1, entitled, "Meaning of the Expression 'Sold
for Export to the Country of Importation' in a Series of Sale."
On January 24, 2008, CBP published a notice
in the Federal Register setting forth its proposed interpretation with
a comment period to expire on March 24, 2008. CBP received
correspondence requesting an extension of the comment period.
Accordingly, CBP has decided to allow an additional 30 days for
comments. Comments are now due on or before April 23, 2008.
For
further information from CBP, contact: Lorrie Rodbart, Valuation and
Special Programs Branch, Regulations and Rulings, Office of
International Trade; Phone: (202) 572-8740.
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