408 Notes
408 Notes
Semester final
Date Learned @October 29, 2024
1st Rep
2nd Rep
3rd Rep
4th Rep
Subject IB-408
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CUSTOMS VALUATION
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Customs valuation practice has been made uniform across the world through the
adoption of article seven of the general agreement on tariffs and trade gatt 1994,
more commonly known as the wto agreement on customs valuation or the gatt
valuation code.
The agreement makes transaction value as the basis for customs valuation
According to gatt valuation code, transaction value of the imported goods is the
price actually paid or payable for the goods when sold for export to the country
of importation with certain adjustments.
1. Costs paid by the buyer not included in the sale price, like: (এটাও কিন্তু এড
হবে)
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These are added because they contribute to the production cost of the
imported goods but aren’t included in the direct purchase price.
3. Royalties and license fees that are paid as a condition of the sale.
This approach ensures all relevant costs are included in the customs value.
Methods of Valuation
কখন এই পাঁচ টা মেথড ব্যবহার হবে সিকু য়েন্সিয়ালি
where the transaction value is not acceptable as the customs value because
the price has been distorted as a result of certain conditions, custom value
will be determined using one of the following methods in hierarchical order:
3. Deductive value
4. Computed value
5. Fall-back method
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Where the test of value of identical goods fails, value should be determined on
the basis of transaction value of similar goods. Similar goods are those which,
although not alike in all respects, have like characteristics and like component
materials. They perform the same
Here are some basic guidelines for valuing goods using the identical or similar
goods method:
1. Time Factor: The comparison should be with goods sold at the same time
or close to the time the goods being valued were sold.
3. Lowest Value: If there is more than one transaction value available, use
the lowest one.
4. Same Country and Producer: The goods should be made in the same
country and, ideally, by the same manufacturer as the goods being
valued.
3. Deductive Value
This is to be applied where the test of value of identical or similar goods fails.
This value is to be determined on the basis of the unit sales price of goods of
same class or kind in the domestic market of the imported goods. These sales
should be to unrelated buyers and in the largest total quantity. Adjustments are
made for costs like commissions, profits, duties, taxes, transport, insurance,
and other selling expenses related to the imported goods
4. Computed Value
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usual amount of profit and general expenses incurred in sale of goods
of same class or kind.
Other elements of cost as required in Article 8
(transport, insurance, loading/unloading charges)Normally to be used
for related party transactions.
5. Fall-back Method
The wco represents 179 customs administrations across the globe that collectively
process 98 percent of world trade
standard setting: capability and responsibility for global standard setting for
customs
Intro to wco
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as the global centre of customs expertise the wco is the only international
organization with competence in customs matters and rightly call itself the voice
of the international customs community.
the wco’s governing body - the council - relies on the competence and skills of a
Secretariat and a range of technical and advisory committees to accomplish its
mission. The secretariat, comprising over hundred international officials, technical
experts and support staff of some nationalities.
Function of WCO
as a forum for dialogue and exchange of experiences between national customs
delegates, the wco offers its member a range of Conventions and other
international instruments as well as technical assistance and training services
provided directly by secretariat or with its participation. The secretariat also
supports its members in modernizing and building capacity within their national
customs administrations.
Its efforts to combat fraudulent activities are also recognized internationally. The
partnership approach championed by the wco is one of the keys to building
bridges between customs admin and their partners. By promoting the emergence
of an honest, transparent and predictable customs environment, the wco directly
contributes to the economic and social well being of its members.
History
The History of World Customs Organization (WCO) began in 1947 when 13
European governments formed a Study Group under the Committee for European
Economic Co-operation to explore creating inter-European Customs Unions
aligned with GATT principles.
In 1948, the Study Group established two committees: the Economic Committee,
which evolved into the OECD, and the Customs Committee, which became the
Customs Co-operation Council (CCC).
The CCC was formally established by convention in 1952, and its inaugural
Council session took place in Brussels on January 26, 1953, with representatives
from 17 European nations.
Membership expanded significantly, and in 1994, the CCC adopted the name
"World Customs Organization" to better reflect its global role. Today, the WCO has
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179 member administrations worldwide, overseeing over 98% of international
trade.
WCO 9 Goals
1. International Cooperation and Information Sharing : It provides a forum for
dialogue and exchange of experiences between national delegates to promote
greater connectivity and more harmonious interaction
5. Supply Chain Security and Facilitation The wco enhance customs to customs
networks and customs to business partnerships in a meaningful and mutually
benefitted way through continued dialogue with its members and its business
partners to secure and facilitate the international trade supply chain.
6. Capacity Building The wco provides a range of capacity building, training and
technical assistance and integrity programmes to increase capacity of
member customs admin to effectively contribute to national dev. goals.
7. Promotion and Marketing the wco promotes the strategic interests and
market the role and contribution of wco through co operation communication
and partnership with gov. other regional org. donor agencies and the private
sec.
8. Research and Analysis the wco conducts research and analysis into new
issues, trends in co operation with research institutions.
9. Good Governance and Use of Resources. the wco manages and administers
it human and financial resources in a cost effective transparent and
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responsible manner, based on a long term vision for customs admin.
Joint Exporting
Joint Exporting is when two or more companies work together to sell their
products in a foreign market. Instead of entering the market alone, they combine
their resources, share costs, and use each other’s strengths to make exporting
easier and more effective. This approach helps them reach new customers,
reduce risks, and save money.
1. Share Shipping Costs: They pool their products into one shipment, making it
cheaper than each company shipping separately.
Together, they make a stronger impact in the Japanese market than they would
alone. This is a practical example of joint exporting—combining resources to
overcome challenges and reach new markets more effectively.
Categories of exporters
The exporter can choose from any one of the following modes of operations
1. Merchant exporter: buying the goods from the market or from a manufacturer
and selling them to foreign buyers
3. Sales agent commission agent indenting agent: acting on behalf of the seller
and charging commission
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4. Buying agent: acting on behalf of the buyer and charging commission
FBCCI
The Federation of Bangladesh Chambers of Commerce and Industry
it is the apex trade org of bangladesh playing a pivotal role in consultative and
advisory capacity and safeguarding the interest of the private sector.
types and number of members
Represent the Private Sector: Engages with the government and consultative
committees to represent and protect the interests of private businesses.
Support Trade Fairs: Helps organize trade and industry fairs across
Bangladesh.
Share Information: Gathers and shares data to help grow trade and industry.
Conduct Research: Carries out studies to support the growth of trade and
industry.
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Maintain Global Relations: Stays connected with international Chambers of
Commerce and other trade and industrial organizations.
Example
Chapter 10: Cereal
Heading 10.06 : Rice
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what is classification
The HS comprises
1. sections
2. chapters
3. headings
4. sub headings
Sections
there are 21 sections in hs code which refers to broad range of goods
Chapters
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The first 2 digit in hs code refers to chapter.
Heading
there are 1244 headings in hs code system
Heading classifies the chapter in more detail
there are 5212 in hs code system. Subheading categorizes what has been
classified in first 4 digit. The first six digit indicates subheading
Country specific digits
It ranges from 7 to 16 digits, for example japan use 16 digit hs code bangladesh
use 8 digit hs code
Punctuation
Understanding the use of punctuation in the Custom Tariff is essential for
determining the correct classification of goods
1. Comma
2. Colon
3. Semi Colon
4. And
5. Or
6. Other
Comma
comma is used to denote a series or list of commodities that are classified under
the same tariff provision. example
“Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens,” are all
classified under heading 08.04.
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Colon
The colon indicates that there is additional information to follow that is part of
the description of the goods classified under the tariff provision
Product described at one level is further divided at the next level down by some
characteristics such as material capacity functions
suits:
of wool or fine animal hair
of synthetic fibes
of other textile materials
Semi colon
And
The and is used in the same way as a comma to connect items in a list which are
all to be included together
for example apple , pears and quinces
Or
The word or is used to show that alternatives exist
Any products that don’t fit into these specific categories are placed in a
category called "Other."
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General Interpretative Rules - Six Rules
Classify good under hs system for tariffs
and trade
The General Interpretative Rules (GIRs) are a set of six rules used to classify
goods under the Harmonized System (HS) for tariffs and trade. These rules help
ensure that all countries classify goods in a consistent way for customs
purposes.
For legal purposes, classification must be based on the terms of the headings
and any relevant section or chapter notes unless those headings or notes give
different instructions.
GIR 1 fully resolves the heading classification when:
❖there is only
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one heading whose terms encompass the whole
good
; or
❖
The terms or Notes direct the classification to a specific
heading
; or
❖
the terms or Notes direct the method of classification
3c: If the first two don’t work, choose the heading that comes last
numerically.
Rule 4
It provides for completely unforeseen goods that are not otherwise covered
Rule 5
It covers the treatment of packaging materials and containers
Packaging and containers that are intended to be reused, or are integral to the
product, should be classified with the product itself. For example, a camera case
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is classified with the camera.
Rule 6
It provides that the same process is independently followed at each subheading
level
💡 Customs port means any place declared under section 9 to be a port for
shipment and landing of goods
💡 land customs station means any place including an inland river port
declared under section 9 to be a land customs station
💡 Customs station means any custom port, customs airport or any land
customs station
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💡 Smuggling" means bringing goods into or taking them out of
Bangladesh illegally, either by breaking restrictions or avoiding payment
of customs duties or taxes.
Bond License
For hundred percent export oriented industry, bond license in essential for duty
free import of raw materials
The main condition for obtaining a bond license is that the products or goods
produced must be exported 100 percent
Bond license is required for opening a back to back lc
Duty free import of raw materials for the production and that consequently
helps exporters to set competitive export price in foreign markets.
Letter of Credit
The lc is a commitment by the buyer’s bank on behalf of the buyer (importer) to
effect payment to the seller exporter beneficiary subject to fulfillment of certain
conditions
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Types of LC
1. Red Clause LC:
A Red Clause Letter of Credit is a special type of letter of credit (LC) that lets the
seller receive an advance payment from the advising or paying bank before
shipping goods or submitting the required documents. This advance feature is
traditionally marked in red ink, which is why it’s called a "Red Clause" LC. It’s also
known as an advance payment letter of credit.
This type of LC is usually only used when the buyer and seller have a close
business relationship because the buyer is essentially giving the seller an
unsecured loan, taking on financial and currency risks.
Advantages:
Seller receives advance payment, helping with production or procurement costs
before shipping the goods
Seller receives interest fee unsecure loan
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The buyer can build a trusting relationship with the seller by providing advance
funds.
Disadvantages
Beneficiary may not use advance for right purpose
Buyers have to take financial and currency cost.
green clause letter of credit is called green because originally these were written
in green ink.
3. Standby Lc:
4. Revocable LC:
5. Irrevocable LC:
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A Back-to-Back Letter of Credit (LC) is a financial instrument used in international
trade, specifically in a situation called triangle trade, where there is an
intermediary (middleman) between the buyer (importer) and the seller (exporter).
In this setup, two independent letters of credit are issued:
First LC: The buyer issues a letter of credit in favor of the middleman.
Second LC: The middleman then uses the first LC to obtain a second LC in
favor of the actual supplier or exporter.
In this arrangement, the middleman does not need to have upfront capital to pay
the supplier. Instead, they rely on the first LC from the buyer to secure the second
LC. Once the goods are shipped, the middleman receives payment under the first
LC and can use it to pay the supplier.
7. Revolving LC
8. Deferred Lc
Incoterms 2010
EXW (Ex-Works)
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It means that the seller's responsibility ends when the buyer arrives to collect the
goods.
FCA (Free Carrier)
"Free Carrier" means the seller hands over the goods to the buyer’s chosen
carrier at a specified location, and from that point, the buyer is responsible.
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required, they must either negotiate this with the seller or arrange for additional
coverage themselves.
1. Warehousing of Goods
When carriers (Ships/airlines) arrived at port, imported goods are off-loaded and
stored into warehouse of port. Port authority is the custodian of imported goods
before released
2. Submission of B/E
Once the Import General Manifest (IGM) is submitted online, the nominated C&F
Agent (or the importer himself) completes the goods declaration (popularly
known as Bill of Entry or B/E) from their own premises and submits the goods
declaration to
Customs systems through ASYCUDA World. The declaration or B/E has to be
made in a specific format, known as Single Administrative Document (SAD
3. Doc list
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Physical examination is performed to protect revenue from illegal declarations or
to find out goods which were not declared in documents
Some times importer may declared lower value of goods to evasion of taxes.
Therefore, average value of same imported goods are checked from Asycuda
Database System.
7. Classification of HS Codes
Each imported good is identified by a Hscode. There are different tax rates for
different goods. To protect proper revenue , actual hscode of imported good is
important. Otherwise, there is a chance to evasion of taxes.
8. Tax Calculation
At present, all taxes for imported goods are calculated by Asycuda System against
submitted BE
9. Payment of Taxes
When taxes are finalized, then concern C&F agents/importer will collect the
assessment notice (assessment copy) of BE and go to Bank. Then he deposit
taxes against this imported goods. At present, payment of taxes are online.
Importer can pay their taxes from online banking option.
IGM
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An Import General Manifest (IGM) is a document required by customs authorities
that provides detailed information about the cargo being imported into a country.
Bill of entry
A Bill of Entry is a legal document submitted to customs authorities when goods
are imported into a country. It provides details about the imported goods,
including their classification, value, and origin, and is used for assessing customs
duties and taxes.
Bill of Export
A Bill of Export is a document required for exporting goods from a country. It
contains information about the goods being shipped, the exporter, and the
destination. This document is essential for customs clearance and ensures
compliance with export regulations.
5. Payment Methods: The chosen method of payment can also affect terms. For
example, letters of credit often come with strict requirements that can
influence payment timing.
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6. Legal and Regulatory Requirements: Different countries have varying
regulations regarding international payments, which can affect the terms
agreed upon.
3. Documentary Collection: The seller’s bank collects payment from the buyer’s
bank in exchange for shipping documents. This method is less secure than a
letter of credit.
4. Open Account: The seller ships the goods and sends an invoice, allowing the
buyer to pay at a later date. This method poses higher risk for the seller.
5. Cash Against Documents (CAD): The buyer pays for the goods upon receipt
of shipping documents, allowing them to take possession of the goods only
after payment.
6. Trade Credit Insurance: While not a payment method per se, this can provide
protection to the seller against buyer default, thus influencing payment terms.
Each method has its own advantages and disadvantages, and the choice often
depends on the level of trust between the trading parties, the nature of the goods,
and the associated risks.
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1. Political Risk
Instability: Ongoing political tensions or conflicts, particularly in light of recent
events, can impact trade stability and safety.
2. Economic Risk
Currency Fluctuations: Volatility in the Ukrainian hryvnia can impact pricing
and profit margins.
Inflation: High inflation rates can reduce purchasing power and impact
demand for imported goods.
4. Logistical Risks
Supply Chain Disruptions: Geographical challenges and infrastructure issues
can affect transportation and delivery timelines.
5. Market Risks
Demand Uncertainty: Changes in consumer preferences or economic
conditions can impact demand for certain products.
6. Payment Risks
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Credit Risk: The risk of non-payment by buyers can be higher, especially with
new or unverified customers.
Payment Methods: Choosing the right payment terms and methods is crucial
to mitigate risks of non-payment.
8. Environmental Risks
Natural Disasters: Ukraine is susceptible to various natural disasters, which
can disrupt operations and logistics.
Conclusion
To mitigate these risks, exporters should conduct thorough market research,
establish strong local partnerships, and consider using trade insurance or secure
payment methods. Understanding the local context and maintaining flexibility in
business operations can also help manage these risks effectively.
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