On 13th December, Bird & Bird published an article saying that the outcome of the recent discussions amongst EU Member State representatives of Commission’s Customs Expert Group, Valuation Section (CEG/VAL group) reveals that all references to the domestic sale principle in the EU Guidance on Customs Valuation are to be deleted.  It says that EU customs legislation before May 2016 provided for the possibility to use an “earlier sale” or “first sale” for customs valuation purposes, but current EU customs legislation principally refers to using the sale occurring immediately before the goods were brought into the EU customs territory and seems to imply using the “last sale”, and hence, the abolition of the “earlier- or first sale” principle.  EU Guidance on Customs Valuation, a legally non-binding document, provides explanatory notes stating that the so-called domestic sale was not eligible for customs valuation purposes, though EU customs authorities may (already) deviate from such (non-binding) guidance in practice.

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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