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Reasonable Care -
Valuation
- Did you provide Customs with a proper declared value for
your merchandise in accordance with
19 U.S.C.
1481 and
19 U.S.C.
1401a? Do you know the 'price actually paid or
payable' for your merchandise? Do you know the terms of sale?
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Has Customs issued a
"ruling" regarding the valuation of the merchandise, and if
so, has the
ruling been followed? (see 19 CFR Part 177) Can you
establish that you followed the ruling reliably? Have you
brought those facts to Customs' attention?
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Have you consulted the Customs
Valuation Laws,
Customs Valuation Encyclopedia, Customs
Informed Compliance Publications, court cases and
Customs Rulings to assist you in valuing merchandise?
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Have you consulted with a Customs
"expert" to assist in the valuation of the merchandise?
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If you purchased the merchandise from
a "related" seller, have you reported that fact upon entry and
taken measures to ensure that the value reported to Customs is a
correct "related party" value for the goods? If you are
declaring a value based upon a transaction in which you were or
were not the buyer, have you substantiated that the transaction
is a bona fide "sale at arm's length" and that the merchandise
was clearly destined to the United States at the time of sale?
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Have you taken measures to ensure
that all of the legally required costs or payments associated
with the imported merchandise have been reported to Customs
(e.g., assists, commissions, indirect payments or rebates,
royalties, etc.)? Do you know whether there will be rebates,
tie-ins, indirect costs, additional payments? Whether 'assists'
were provided or commissions or royalties paid? Are the amounts
actual or estimated?
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