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EU Court Upholds Use of Foreign Export Prices in Customs Valuation Under Residual Method

  • The General Court ruled that EU customs authorities can use export price information from third countries to determine customs value under the residual method.
  • Export price data lawfully obtained through international customs cooperation (such as the EU–Canada agreement) qualifies as “data available in the customs territory of the Union.”
  • The Court confirmed that such foreign data can be used in post-clearance audits, especially when there is reasonable doubt about the declared transaction value and the importer cannot provide sufficient evidence.
  • The judgment clarifies the application of Articles 74(3) UCC and 140 of the Implementing Regulation in customs valuation cases involving alleged undervaluation.

Source: globalimportblog.bakermckenzie.com

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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