[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR152.104]



[Page 213]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 152_CLASSIFICATION AND APPRAISEMENT OF MERCHANDISE--Table of Contents

 

                   Subpart E_Valuation of Merchandise

 

Sec.  152.104  Transaction value of identical merchandise and similar 

merchandise.



    (a) General. The transaction value of identical merchandise, or of 

similar merchandise, is the transaction value (acceptable as the 

appraised value under Sec.  152.103 but adjusted under paragraph (e) of 

this section) of imported merchandise that is--

    (1) With respect to the merchandise being appraised, either 

identical merchandise, or similar merchandise; and

    (2) Exported to the United States at or about the time that the 

merchandise being appraised is exported to the United States.

    (b) Identical merchandise. Minor differences in appearance will not 

preclude otherwise conforming merchandise from being considered 

``identical''. See Sec.  152.102(d).

    (c) Similar merchandise. The quality of the merchandise, its 

reputation, and the existence of a trademark will be factors considered 

to determine whether merchandise is ``similar''. See Sec.  152.102(i).

    (d) Commercial level and quantity. Transaction values determined 

under this section will be based on sales of identical merchandise, or 

similar merchandise, at the same commercial level and in substantially 

the same quantity as the sales of the merchandise being appraised. If no 

such sale is found, sales of identical merchandise, or similar 

merchandise, at either a different commercial level or in different 

quantities, or both, will be used, but adjusted to take account of that 

difference. Any adjustment made under this section will be based on 

``sufficient information''. See Sec.  152.102(j). If in applying this 

section to any merchandise, two or more transaction values for identical 

merchandise, or for similar merchandise, are determined, the merchandise 

will be appraised on the basis of the lower or lowest of those values.

    (e) Adjustments. (1) Adjustments for identical merchandise, or 

similar merchandise, because of different commercial levels or 

quantities, or both, whether leading to an increase or decrease in the 

value, will be made only on the basis of sufficient information; e.g., 

valid price lists containing prices referring to different levels or 

quantities.

    (2) Interpretative note. If the imported merchandise being valued 

consists of a shipment of 10 units and the only identical imported 

merchandise for which a transaction value exists involved a sale of 500 

units, and it is recognized that the seller grants quantity discounts, 

the required adjustment may be accomplished by resorting to the seller's 

price list and using that price applicable to a sale of 10 units. This 

does not require that a sale had to have been made in quantities of 10 

as long as the price list has been established as being bona fide 

through sales at other quantities. In the absence of such an objective 

measure, however, the determination of a customs value under the 

provisions for transaction value of identical or similar merchandise is 

not appropriate.