Customs Valuation Methods Explained
Customs duties are calculated on the declared transaction value of goods — but what exactly counts as transaction value?
Customs duties are ad valorem — calculated as a percentage of the value of goods. But "value" is not the same as the invoice price. The WTO Customs Valuation Agreement, implemented in U.S. law at 19 USC §1401a, defines six hierarchical methods for determining dutiable value.
Method 1: Transaction Value (Used ~95% of the time)
Transaction value is the price actually paid or payable for the imported goods, adjusted by adding:
And subtracting:
Example: You buy goods for $10,000 CIF New York. The freight (sea) is $800. Dutiable value = $10,000 - $800 = $9,200 (FOB value).
Method 2: Transaction Value of Identical Goods
Used when Method 1 cannot apply (e.g., related-party transaction at non-arm's length price). CBP compares the import to transactions for identical goods by the same or different seller, exported at the same time.
Method 3: Transaction Value of Similar Goods
Like Method 2 but for similar (not identical) goods. "Similar" means same HS classification, same quality and commercial reputation.
Method 4: Deductive Value
Works backward from the U.S. resale price. CBP deducts: import duties, commissions, profit, selling expenses, freight and insurance. What remains is the dutiable value.
Method 5: Computed Value
CBP computes value from the cost of production: materials + fabrication + general expenses + profit. Requires access to manufacturer's cost data.
Method 6: Fallback Method
Any reasonable method, applying the above in flexible sequence. CBP must explain why it used this method.
Related-Party Transactions
When buyer and seller are related (parent/subsidiary, joint venture partners), CBP scrutinizes whether the transaction value was influenced by the relationship. You may be required to submit Transfer Pricing documentation or use Methods 2–5.
Assists and their Impact
An "assist" is any item provided free or at reduced cost that becomes part of the imported goods. Common assists:
The assist's value must be added to the invoice price. This is frequently overlooked and is a top area for CBP audit findings.
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