Last week the Hamamatsu-case finally came to an end after the highest court in Germany in customs matters published its decision. The result? A downward TP adjustment does not entitle Hamamatsu for a refund of import duties. On other aspects, like whether upward adjustments should also be ignored, the court case is not that clear.
What is clear, is that the German Court and the ECJ are in total denial of a global trend supported by the World Customs Organization to come to a closer alignment between customs values and transfer prices. This can partially be explained by the fact that the legislation and (the lack of ) guidance documents unable courts to come to a closer alignment. It is the European Commission that now should take action and provide clarity on this matter by changing legislation or issuing clear guidance.
Source
See also ECJ – C-529/16 Hamamatsu – Customs valuation and transfer pricing
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