 RESTRICTED  
  
G/VAL/W/383  
 
25 October 202 2 
(22-7984) Page: 1/5 
Committee on Customs Valuation   
 
TWENTY -EIGHTH  ANNUAL REVIEW OF THE IMPLEMENTATION AND OPERATION  
OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VII OF  
THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994  
DRAFT  
Article 23 of the Agreement provides that "the Committee shall review annually the implementation 
and operation of this Agreement taking into account the objectives thereof".  The main objectives of 
the Agreement are those listed in the Genera l Introductory Commentary. The  annual review of the 
Committee should co ver the implementation and operation of the Agreement in the light of its 
objectives and specific obligations.  
At its meeting  of 4 November  2022, the Committee on Customs Valuation conducted the 28th annual 
review of the implementation and operation of the  Agreement . 
_______________  G/VAL/W/383  
 
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  The contents of this document are as follows:  
  Page  
I. MEMBERS' DELAYED APPLICATIONS, RESERVATIONS AND OBSERVER STATUS  ...... 2 
(a) Delayed Application and Reservations  ................................ ................................ ...........  2 
(i) Article 20.1 (delayed application of the provisions of the Agreement)  ...............................  2 
(ii) Article 20.2 (delayed application of the computed value method)  ................................ ..... 2 
(iii) Annex III, parag raph 1 (extension of the five -year delay period)  ................................ ...... 2 
(iv) Annex III, paragraph 2 (reservation concerning minimum values)  ................................ .... 3 
(v) Annex III, paragraph 3 (reservation concerning reversal of sequential order of Articles 5 
and 6) (53)  ................................ ................................ ................................ ........................  3 
(vi) Annex III, paragraph 4 (reservation to apply Article 5.2 whether or not the importer so 
requests) (51)  ................................ ................................ ................................ ....................  3 
(b) Observer Governments (2 4) ................................ ................................ ........................  3 
(c) Observer International Organizations (6)  ................................ ................................ ...... 4 
II. OFFICERS OF THE WTO COMMITTEE ON CUSTOMS VALUATION ...............................  4 
III. MEETINGS OF THE COMMITTEE  ................................ ................................ ...............  4 
IV. NATIONAL LEGISLATION AND OTHER NOTIFICATIONS PRESENTED  .......................  4 
(a) Texts of national legislation  ................................ ................................ .........................  4 
(b) Checklist of issues  ................................ ................................ ................................ ...... 4 
(c) Information on the application of the Committee Decisions  ................................ ..............  5 
V. TECHNICAL ASSISTANCE  ................................ ................................ .........................  5 
VI. ISSUES  RELATED TO IMPLEMENTATION OF THE AGREEMENT  ................................ .. 5 
VII.  PRESHIPMENT INSPECTION  ................................ ................................ ....................  5 
VIII.  REPORTS BY THE TECHNICAL COMMITTEE ON CUSTOMS VALUATION  .....................  5 
IX. CONSULTATION AND DISPUTE SETTLEMENT  ................................ ...........................  5 
X. ANNUAL REPORT TO THE COUNCIL FOR TRADE IN GOODS  ................................ ...... 5 
 
I. MEMBERS ' DELAYED APPLICATIONS, RESERVATIONS AND OBSERVER STATUS  
(a) Delayed Application and Reservations  
1.1. This section reflects the situation with respect to special and differential treatment provisions 
available for de veloping country Members . These provisions have been invoked as follows:  
(i) Article 20.1 (delayed application of the provisions of the Agreement)  
1.2. No Member maintains this special and different ial treatment provision.  
(ii) Article 20.2 (delayed application of the computed value method)  
1.3. No Member maintains this special and differential treatment provision.  
(iii) Annex III, paragraph 1 (extension of the five -year delay period)  G/VAL/W/383  
 
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  1.4. No Member maintains t his special and differential treatment provision.  
(iv) Annex III, paragraph 2  (reservation concerning minimum values)  
1.5. No Member maintains this special and differential treatment provision.  
(v) Annex III, paragraph 3 (reservation concerning reversal of sequential order of Articles 5 and  6) 
(53) 
Argentina1 Guatemala  Niger 
Bahrain, Kingdom of  Guyana  Pakistan  
Bangladesh  Haiti Panama  
Benin  Honduras  Peru1 
Brazil1 India1 Philippines  
Brunei Darussalam  Indonesia  Senegal  
Burkina Faso  Israel  Sri Lanka  
Cameroon  Jamaica  Thailand  
Chile Kenya  Togo 
Colombia  Madagascar  Tunisia  
Costa Rica  Malawi1 Türkiye1 
Côte d'Ivoire  Malaysia  Uganda  
Djibouti  Maldives  United Arab Emirates  
Dominican Republic  Mali Uruguay  
Ecuador  Mexico1 Venezuela, Bol. Rep. of   
Egypt  Morocco1 Zambia  
El Salvador  Myanmar  Zimbabwe1 
Gabon  Nicaragua   
 
(vi) Annex III, paragraph 4 (reservation to apply Article 5.2 whether or not the importer so 
requests) (51)  
Argentina1 Dominican Republic  Kenya  Peru1 
Bahrain, Kingdom of  Ecuador  Madagascar  Philippines  
Bangladesh  Egypt  Malaysia  Senegal  
Benin  El Salvador  Malawi  Sri Lanka  
Brazil1 Gabon  Maldives  Thailand  
Brunei Darussalam  Guatemala  Mali Togo 
Burkina Faso  Guyana  Mexico1 Tunisia  
Cameroon  Haiti Morocco1 Türkiye1 
Chile Honduras  Myanmar Uruguay  
Colombia  India1 Nicaragua  Venezuela, Bol. Rep. of   
Costa Rica  Indonesia  Niger Zambia  
Côte d'Ivoire  Israel  Nigeria  Zimbabwe1 
Djibouti  Jamaica  Pakistan   
 
(b) Observer Governments (2 4) 
Algeria  Iran 
Andorra  Iraq 
Azerbaijan  Lebanese Republic  
Bahamas  Libya  
Belarus  Sao Tomé and Principe  
Bhutan  Serbia  
Bosnia and Herzegovina  Somalia  
Comoros  
Curaçao  Sudan  
Syrian Arab Republic  
Equatorial Guinea  Timor -Leste  
Ethiopia  
Holy See  Turkmenistan  
Uzbekistan  
 
1 Members that maintain in the WTO the special and differential treatment provisions that had been 
invoked under the Tokyo Round Agreement through Decision WT/L/38.  G/VAL/W/383  
 
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  (c) Observer International Organizations (6)2 
African, Caribbean and Pacific Group of States (ACP)  
Inter-American Development Bank (IADB)  
International Monetary Fund (IMF)  
United Nations Conference on Trade and Development (UNCTAD)  
World Bank 
World Customs Organization (WCO)  
 
II. OFFICERS OF THE WTO COMMITTEE ON CUSTOMS VALUATION  
2.1. Chairperson  Mr Buddhi UPADHYAYA (Nepal)  (elected on 30 July  2021) 
 Chairperson Mr Frank RITTNER (Germany) (elected on 30 May 2022)  
 
III. MEETINGS OF THE COMMITTEE  
3.1. During the period under review , the Committee held two formal meeting s: on 17 May 202 2 
(G/VAL/M/ 73), chaired by  Mr Buddhi UPADHYAYA (Nepal) , and on  4 November  2022 (G/VAL/M/7 4)3, 
chaired by  Mr Frank RITTNER (Germany) . 
IV. NATIONAL LEGISLATION AND OTHER NOTIFICATIONS PRESENTED  
(a) Texts of national legislation  
4.1. Article 22 of the Agreement requires each Member to inform the Committee of any changes in 
its laws and regulations relevant to the Agreement , and in the administrati on of such laws and 
regulations. At its first meeting, on 12 May 1995, the Committee agreed on procedures for the 
notification of national legislation (G/VAL/M/1, paragraphs 29 -35, 71 and 72).  Paragraph (i) of the 
"Decision on Notification and circulation of national legislation in accordance with Article  22 of the 
Agreement"4 requires Members to submit the complete texts of their national legislation (laws, 
regulations, etc.) on customs valuation in one of the three official WTO languages.  
4.2. The status  of these notifications is contained in document  G/VAL/W/232/Rev. 16. During the 
period under review , notification s pertaining to  national customs legislation were received from Brazil 
and Georgia .  
4.3. At the meeting  of 4 November , the Committee agreed to revert at the next meeting to the 
examination of the legislations of the following [32] Members: [Afghanistan ; Belize;  Benin;  
Plurinational State of Bolivia; Brazil; Burundi; Colombia ; El Salvador; the European Union; The 
Gambia; Georgia; Guinea;  Guatemala;  Honduras;  Iceland;  India;  Israel;  Malawi; Mongolia; 
Namibia; Nepal; Nigeria;  Paraguay;  the Russian Federation; Saint Kitts and Nevis; Solomon Islands; 
Sri Lanka; Togo; Tonga ; the United Kingdom;  Vanuatu ; and Viet  Nam.]  
(b) Checklist of issues  
4.4. At its first meeting, on 12 May 1995, the Committee agreed on procedures for the submission 
of replies to a checklist of issues (G/VAL/M/1, paragraphs 36 -39). The checklist of issues is contained 
in G/VAL /5.  
4.5. The status of the checklist of issues notifications is contained in document G/VAL/ W/232/Rev.16. 
During the period under review  checklist s of issues  were received from  the Plurinational  State of Bolivia 
and Viet Nam . 
 
 
2 These organizations have official observer status following Agreement in the Committee (G/ VAL/M/5) 
and Agreements between the World Bank and the IMF with the WTO (WT/L/195).  
3 To be issued.  
4 Section B.2 of document G/VAL/5.  G/VAL/W/383  
 
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  (c) Information on the application  of the Committee Decisions  
4.6. At its first meeting on 12 May 1995, the Committee adopted Decisions which had been previously 
adopted by the Tokyo Round Committee. These Decisions are reproduced in document G/VAL/5. 
The Committee also adopted Decisions that were referred by the Ministers at Marrakesh to the 
Committee. The texts of the Decisions are contained in document G/VAL /1. 
4.7. Notifications on the application of the Decision on the Treatment of Interest Charges in the 
Customs Value of Imported Goods and of paragraph 2 of the Decision on the Valuation of Carrier Media 
Bearing Software for Data Processing Equipment (G/VAL/5) were summarized by the Secretariat in 
documen t G/VAL/W/5/Rev. 36. During the period under review , notifications pertaining to these 
decisions were received from  El Salvador, Liechtenstein, Switzerland and Viet Nam .  
 
V. TECHNICAL ASSISTANCE  
5.1. During the period under review , the Committee took note tha t technical assistance in the area 
of customs valuation was incorporated in to the WTO -wide technical assistance programme, and that 
the 2022-2023 biennial technical assistance plan (WT/COMTD/ W/260/Rev.1) was currently being 
implemented.  
5.2. During the period under review , the Committee took note of information compiled by the WCO 
Technical Committee on Customs Valuation in G/VAL/8/Add. 43 and G/VAL/8/Add.4 4 concerning 
technical assistance activities carried o ut by the WCO  and its Members.  
 
VI. ISSUES RELATED TO IMPLEMENTATION OF THE AGREEMEN T 
6.1. There were no specific trade concerns raised during the period under review.  
 
VII.  PRESHIPMENT INSPECTION  
7.1. During the period under review , the Committee took note of information on  the status of the 
notifications which had been  received on preshipment inspection contained in documents 
G/PSI/N/1/Rev.5 , G/PSI/N/1/Rev.5/Add.1 , and G/PSI/N/1/Rev.5/Add.2 . The Committee also took 
note of statements made under the agenda item of questions and responses  relating to preshipment 
inspection notifications by China, Indonesia and Saint Lucia . The Committee took note of the latest 
report by the Testing, I nspection and Certification Industry Council  (TIC Council)  concerning 
countries that use preshipment inspection services  which w as circulated  in document s 
G/VAL/W/63/Rev. 28 and G/VAL/W/63/Rev. 29.  
 
VIII.  REPORTS BY THE TECHNICAL COMMITTEE ON CUSTOMS VALUATION  
8.1. The representative of the WCO presented reports on the work of the Technical Committee on 
Customs Valuation (TCCV) at its 5 4th and 5 5th sessions, which took place from 3-5 May 202 2 and 17-
21 October 2022, respectively.  
 
IX. CONSULTATION AND DISPUTE SETTLEMENT  
9.1. During the period under review , there were no request s for consultations involving either the 
Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 
(Agreement on Customs Valuation)  or the Agreement on Preshipment Inspection . 
X. ANNUAL REPORT TO THE COUNCIL FOR TRADE IN GOO DS  
10.1. [The Annual Report to the Council for Trade in Goods was adopted by the  Committee  in 
accordance with the requirements of Article  23 of the Agreement  (G/L/xxx)]. 
__________  