CJ Rules on Customs Valuation for Imports with Provisional Prices: Tauritus Case (C-782/23)

The CJ ruled that customs value should generally be determined using the transaction value method, even if the price is provisional and subject to later adjustment based on objective, uncontrollable factors.
Tauritus imported fuel into Lithuania using provisional prices, later adjusted according to market rates, but failed to amend customs values when final prices were higher, resulting in unpaid import VAT.
The Lithuanian Supreme Administrative Court questioned whether the transaction value method was appropriate for provisional prices and whether declarants must amend customs declarations when using alternative valuation methods.
The CJ clarified that the use of provisional prices does not preclude the transaction value method if final adjustments are based on objective factors beyond the parties’ control.

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.