An Analysis of the Use of Fair Price Lists and Other Statistical Values by EU Customs Authorities

Abstract

This article addresses whether or not fair price lists and other statistical values can be used to reject a declared transaction value in accordance with the procedure laid down in article 140 of the Union Customs Code Implementing Regulation. The authors discuss the usefulness of statistical values for determining customs values in light of GATT principles, CJEU case law and Netherlands domestic case law. Given the increasing importance of the overlap between customs and transfer pricing regulation, the article briefly examines this topic from a transfer pricing perspective.