The Lao PDR system of valuing imported goods is known
as the transaction value system. It is based on an internationally
approved set of rules, under the General Agreement on Tariffs
and Trade. The system is now used by most trading nations and
provides for a fair and uniform means of valuing goods for customs
duty.
The transaction value system stipulates that the transaction
value method must be used whenever possible. This value method
bases the customs value on the price paid by the importer to
the exporter for the imported goods. If the transaction value
method cannot be used, one of the other five methods must be
used, in the sequence presented. These other methods are known
as
- Transaction value of identical goods
- Transaction value of similar goods
- Deductive value
- Computed value
- Flexible value
Transaction value method
1. The transaction value method will be used for valuation
of most imported goods, except in situations where there is
a relationship between the importer and exporter that may influence
the value, or where the imported goods are rented or leased,
or are sent on consignment, or where the exporter imposes certain
conditions such as restricting the trading level or the area
of resale, or barter trade.
2. When using the transaction value method, the following costs
must be included in the customs value:
- Transportation costs to Lao PDR
- Insurance costs
- Packing, packaging and special handling costs
- Fees paid to the exporters for royalties, licenses, etc.
- Storage charges in the country of export that are paid by
the importer
- All escalation costs charged after the goods are ordered
- All selling costs such as commissions, etc that are charged
to the importer
- Assists are goods or services supplied by the importer to
the exporter free or at a reduced cost that were used in the
production of the goods.
3. Costs which may be deducted from the customs value are:
- Discounts for volume purchases, payment for the goods in advance
or within an agreed period (such discount must be shown on the
invoice and granted before importation)
- If goods were sold by the exporter on a duty and tax paid
basis, deduct the amount paid for duties and taxes
- Amount paid to the exporter for work that will be performed
in Lao PDR, such as construction, erection, assembly, maintenance
or technical assistance related to the imported goods (such
costs must be shown separately on the invoice or in a contract)
Other methods of valuing imports
The five other methods of valuation are more complex and the
necessary information may not be readily available. The following
is therefore only for the importer's information and, if it
is necessary to apply these methods the importer may wish to
consult with a customs officer to determine the value for duty.
Identical or similar goods method
Under these methods the value for duty is based on the customs
value of other identical or similar goods which have been previously
exported to Lao PDR, at or about the same time as the goods
being imported. The customs value can be adjusted to allow for
differences in the trade level of purchases and in the cost
of transportation. It is unlikely that the importer will be
able to use these methods, as it requires information on values
declared to customs for imports of identical or similar goods.
Values for duty under these methods is therefore usually calculated
in conjunction with the assistance of a customs officer.
Deductive value method
Under the deductive value method, the value for duty is based
on the most common selling price of goods imported into Lao
PDR. From this resale price is deducted an amount which represents
the average profit and general expenses involved in selling
the goods in the Lao PDR. Included in the general expenses involved
in the expenses will be items such as Lao PDR duties and taxes,
all transportation, warehousing, selling and distribution costs,
also any packaging or further processing costs in Lao PDR, should
also be deducted in calculating the value for duty.
The purpose behind this method is to determine what the cost
of the goods would have been had they been purchased, in the
same condition as when imported, from an unrelated exporter.
This method would only be used in situations such as goods being
imported on consignment or barter trade.
Computed value method
The computed value method is the cost of production of the
imported goods, plus an amount for normal profit and general
expenses experienced by the exporter, when selling the same
type of goods to importers in Lao PDR.
As most exporters are reluctant to release this information,
the use of this valuation method will generally be limited to
those importers who are related to the exporter and where the
exporter is the manufacturer of the goods being appraised.
Flexible method
If the other methods of valuation can not be used, the flexible
method must be applied. This method does not provide specific
rules, but stipulates that the rules of one of the other five
methods is applied in a flexible manner and that the information
used is available in the Lao PDR.
Importer's Responsibility
The importer of commercial goods into Lao PDR is responsible
for the self-assessment of the duty and tax liabilities on all
goods imported. This means that the importer or his authorized
agent must prepare all necessary documents for presentation
to customs.
Customs' Responsibility
Customs is responsible to ensure that all legislation governing
the importation and exportation of goods into and out of the
Lao PDR have been fully complied with. Customs is also responsible
to insure that all applicable duties and taxes have been paid.
Customs will also review customs declarations after release
of the goods and may issue notices for payment of additional,
duties and tax as a result of the review, or reassessment of
value or redetermination of tariff.
Importer's Rights
An importer has the right to request customs to reconsider
any reassessment of value and any redetermination of tariff
classification. Further, the importer has the right to appeal
the customs reassessment notice to higher authorities.