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1.
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Q: |
What
is Transaction Value? |
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A:
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Transaction
Value is the price actually paid or payable for goods which
are exported to the Philippines. It is the price that appears
on the accompanying commercial or sales invoice issued in the
country of origin or exporting country. |
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2.
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Q: |
What
is Home Consumption Value? |
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A: |
Home Consumption
Value or HCV is the wholesale price in the domestic market
of the country of manufacture or export on the date of exportation
of the same, like or similar goods (excluding internal excise
taxes to be remitted or rebated). It is considered a protectionist
valuation system. In the Philippines it has discouraged open
competition in the market which resulted in the decline of
local industries. It has also slowed down business expansion
because of higher import and production costs which affect
the country's competitiveness both in the domestic or home
and foreign markets. The HCV system has also contributed to
inflation in that it tends to increase the prices of goods
in the local market.
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3.
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Q: |
Who
stand to benefit from the shift from HCV to TV? |
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A: |
The change
in the valuation system will benefit the local manufacturers,
exporters, importers, the country as whole and more importantly,
the Filipino consumer.
The Filipino
manufacturer or producer will benefit from the TV system in
terms of reduced raw material costs. This in turn translates
to lower production costs which enable him to price his products
more competitively for the domestic and forein markets, if
he is an exporter.
The shift
to Transaction Value will allow the Philippines to align its
valuation system not only with its ASEAN neighbors, but with
the rest of the world. This system will lead to the adoption
of an international standard which conforms with the GATT-World
Trade Organization (GATT-WTO) because there is a precise set
of rules that ensures a fair system of valuation. It adheres
to the GATT-WTO objective that valuation procedures should
not be used to combat dumping. Moreover, TV is based on the
price actually paid in commercial practice. It is also neutral
because there is no distinction between the sources of supply.
But the
biggest gainer is the Filipino consumer in terms of lower
prices and a wider selection of goods available to him. This
will happen because the cost of the raw materials used on
the product is reduced.
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4.
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Q: |
What
if the local manufacturer does not pass on the savings in production
cost to the local consumer? |
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A: |
He
could choose to do that but market forces compel him to compete
for consumer bucks. With import liberalization, producers are
forced to compete not only against other local manufacturers
making the same product but also with imported items. If the
manufacturer wants to keep his market share, he will have to
offer good quality products at the best and most affordable
price which the consumer can afford.  |
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5.
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Q: |
Does
the new system have the support of the private sector? |
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A: |
The
Philippine Chamber of Commerce and Industry (PCCI) and the Joint
Foreign Chambers of Commerce and in the Philippines which is
composed of five foreign chambers (American Chamber of Commerce
of the Philippines, Canadian Chamber of Commerce of the Philippines,
Japanese Chamber of Commerce of the Philippines, European Chamber
of Commerce of the Philippines and the Australian-New Zealand
Chamber of Commerce) not only support but have actively championed
the adoption of the transaction value system at the earliest
possible time as the basis for computing the dutiable value
of imported goods. The system will provide a more predictable
and acceptable international trading environment in the Philippines. |
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6.
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Q: |
What
is the DTI position on the shift from HCV to TV? |
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A: |
The
Department of Trade and Industry supports the Transaction Value
system as an important reform measure that would make the Philippines
more attractive to foreign investments. The shift to this import
valuation method is a critical stip to make local manufacturing
industries more gloabally competitive. Moreover, it would enhance
Philippine competitive standing in the new international economic
order under the WTO. But even more importantly, DTI supports
the adoption of the Transaction Value system of valuation because
of the benefits and advantages it can give Filipino consumers.
It is time consumers got a break by giving them access to quality
products that are priced within their. means. |
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7.
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Q: |
How
is the dutiable value of an imported item computed under TV
system? |
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A: |
The
dutiable value of an imported item is the transaction incurred
by the importer in the form of: |
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- Cost
actually incurred by the importer in the form of:
- commissions
and brokerage, except buying commissions;
- cost
of containers;
- cost
of packaging (whether labor or materials)
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- Appropriate
portion of the value of goods and services supplied directly
or indirectly by the importer at reduced cost for use in
the production and export of the goods:
- materials,
components, parts and similar items included in
the goods;
- tools,
dies, mould and similar items used in production;
- materials
consumed in production;
- necessary
engineering, development, artwork, designs, plans
and sketches done outside the Philippines.
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- Royalties
and license fees as a condition for the sale;
- Proceeds
earned due to subsequent resale, disposal or use of the
imported goods which accrue directly or indirectly to the
exporter;
- Transport
cost at the port of entry in the Philippines;
- Loading,
unloading and handling charges of imported goods at the
port of entry; and
- Insurance.

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In
most cases the single amount or figure on the sales invoice
already covers the cost items we have just enumerated above. |
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8.
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Q: |
Are
there cases when the invoice amount does not cover the above
costs? |
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A: |
Yes.
Some invoices do not cover the other costs in one amount. In
such cases, the BOC will add the pertinent costs to the amount
appearing on the sales invoice. |
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9.
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Q: |
Are
there ways the BOC can check the correct dutiable value of an
imported article? |
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A: |
Yes,
there are ways to check or verify the correct dutiable value
of an imported goods. One way is from reports coming from the
Philippine Revenue/Commercial Attache or other members of the
Philippine Diplomatic Corps in the country of import origin. |
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10.
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Q: |
What
documents must the importer submit to support the declared transaction
value? |
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A: |
Importers
are required to submit to the BOC documents to support the declared
transaction value of the imported product. These include: proforma
invoice, price list and scheduel of discounts. |
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11.
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Q: |
Can
the BOC question the accuracy of the declared transaction value? |
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A: |
Yes. The
BOC Commissioner can question the accuracy of the declared
value, especially when the following conditions or situations
are present:
- The
foreign seller/exporter fixes the prices of the imported
goods on condition that the Filipino buyer/exporter will
buy other goods in specified quantities from him;
- The foreign seller/exporter fixes the price
of the imported product because the Filipino buyer/exporter
will buy other products in sufficient quantities
from him;
- The price of the imported product is tied with
the price/s of the product the Filipino buyer/importer
will sell the foreign seller/exporter;
- The price is based on an agreement between the
foreign seller/exporter selling his semi-finished
products to the Filipino buyer/importer for a
specified quantity once these products are processed.
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- Part
of the proceeds of any subsequent resale of the goods goes
directly or indirectly to the seller/exporter, unless an
appropriate adjustment is made in accordance with the provisions
of the General Agreement on Tariffs and Trade (GATT).
- The
buyer/importer and seller/exporter are related and their
relationship influences or affects the conditions of the
sale of the imported goods.

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12.
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Q: |
How
can the BOC check the accuracy of the goods' declared value? |
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A: |
The BOC
Commissioner can use any of two ways to check the accuracy
of the goods' declared value:
- Look
for the transaction value of identical goods which
were imported into the Philippines on or about the same
date as the goods for being valued;
- Look
for the transaction value of similar goods which
were imported into the Philippines on or about the same
date as the goods being valued;

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13.
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Q: |
What
are identical goods? |
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A: |
Identical
goods are those which are alike in all respects, including physical
characteristics, quality and reputation as the item under scrutiny.
Minor differences in appearance will not affect goods regarded
as identical. |
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14.
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Q: |
What
are similar goods? |
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A: |
Similar
goods, on the other hand, are those which are not fully alike
but have the same characteristics and component materials. Such
goods perform the same function as the comparable item and may
be commercially interchangeable. To be considered similar, goods
should share three features: quality of the goods, its reputation
and the existence of a trademark. |
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15.
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Q: |
Is
there any other way to determine the dutiable value aside form
the methods discussed above? |
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A: |
If the
dutiable value cannot be determined through the above methods,
it may still be arrived at using measures consistent with
the principles and general provisions of GATT:
- Unit
price at which the identical or similar imported goods are
sold domestically to persons not related to the seller at
or about the time of importation subject to deductions under
GATT; or
- The
computed value, which is the sum of:
- the
cost or value of raw materials used in production;
- the
profit and general expenses in importing the goods
which should be equal to the amount indicated
in the sale of that good from its originating
country;
- the
freight, insurance, and other transportation expenses
incurred in importing the goods.
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16.
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Q: |
How can an importer avoid delays in cases when
the final dutiable value of the goods imported has yet to be
determined? |
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A: |
The
importer can file a cash bond equivalent to the maximum amount
of duties and taxes that could be imposed plus 25%. |
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17.
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Q: |
When
are buyers/importers and sellers/exporters considered related? |
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A: |
Buyers/importers
and sellers/exporters are considered related if:
- They
are both officers or directors of each others businesses;
- They
are legally recognized partners in business;
- One
is the employer and the other his employee;
- One
of them owns, controls or holds 5% or more of the outstanding
voting stocks or shares, directly or indirectly, of the
others' business;
- One
of them, directly or indirectly, controls both their businesses;
- Together
they control a third person; and
- They
belong to the same family.

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18.
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Q: |
What
is export value? |
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A: |
The export
value of an imported good is the price of the imported item
in the principal markets of the exporting country at the time
it is shipped to the Philippines.
Between
now and the year 2000 when Transaction Value will be fully
implemented, the export value of the imported goods will be
the basis for computing the dutiable value of Philippine imports.
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19.
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Q: |
How
is the dutiable value computed under the export value system? |
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A: |
The dutiable
value of an imported good is the export value plus:
- The
cost of all containers, covering and/or packings of any
kind;
- All
other costs, charges and expenses; and
- Freight
and insurance premium required at the port of enty.
In most
cases the figure or amount in the sales invoice already covers
the above costs. When it does not, the BOC will add the above
costs to the amount appearing on the sales invoice.
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20.
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Q: |
How
will BOC check the accuracy of a questionable export value declaration? |
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A: |
There
are three ways the BOC can verify the export value of an imported
item in case of reasonable doubt
- The
export value of the goods in the principal export markets
of the country of manufacture, if it is not the exporting
country;
- The
export value of the goods when exported to a third country
with the same economy as the country of exportation;
- The
domestic wholesale selling price of the same articles in
Manila, or other principal markets in the Philippines.

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21.
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Q: |
Can
the Commissioner of BOC delegate his power to determine the
dutiable value of an imported good or release imports that are
under cash bond? |
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A: |
Yes,
he can delegate authority to determine dutiable value or release
imports under cash bond to the Collector of Customs in case
there are no established or published export value for such
imports. The Collector, however, has to immediately report to
the Commissioner whenever an export value for the imported good
is established for publication. |
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22.
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Q: |
Will
the BOC publish the export value of imported goods for the public's
information? |
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A: |
Yes,
the export value of imported goods will be published and made
available for the public's information. |
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23.
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Q: |
Can
an importer question the export value published by the BOC? |
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A: |
Yes, an
importer who is not satisfied with BOC's published export
value has 15 days, from the date of the publication, to file
a protest.
The BOC
has 15 days, from the time of the protest, to decide whether
to amend or retain the export value. Modifications will also
be published by BOC.
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24.
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Q: |
Where
are protests filed? |
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A:
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The
Commissioner of Customs will create a special committee to handle
complaints/protests regarding published export values of imported
goods. The committee will review and decide whether to modify
or retain the export value of the imported item concerned . |