RESTRICTED  
  
G/VAL/W/364  
 
9 October 2020  
(20-6996) Page: 1/6 
Committee on Customs Valuation   
 
DRAFT  
TWENTY -SIXTH ANNUAL REVIEW OF THE IMPLEMENTATION AND OPERATION  
OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VII OF  
THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994  
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 cover th e implementation and operation of the Agreement in the light of its 
objectives and specific obligations.  
At its meeting  of 19 October 2020, the Committee on Customs Valuation conducted the 26th annual 
review of the implementation and operation of the Agree ment. 
_______________  G/VAL/W/ 364 
 
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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, paragraph 1 (extension of the five -year delay period)  ................................ ...... 3 
(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 (20)  ................................ ................................ ........................  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  ................................ ...... 6 
 
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 as of 18 October  2017. 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 differential treatment provision.  
(ii) Article 20.2 (d elayed application of the computed value method)  
1.3. No Member maintains this special and differential treatment provision.  G/VAL/W/3 64 
 
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  (iii) Annex III, paragraph 1 (extension of the five -year delay period)  
1.4. No Member maintains this special and differential treatment p rovision.  
(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) 
Argen tina1 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 Turkey1 
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 Turkey1 
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 0) 
Algeria  Holy See  
Andorra  Iran 
Azerbaijan  Iraq 
Bahamas  Lebanese Republic  
Belarus  Libya  
Bhutan  Sao Tomé and Principe  
Bosnia and Herzegovina  Serbia  
Comoros  Sudan  
Equatorial Guinea  Syrian Arab Republic  
Ethiopia  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/ 364 
 
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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 ( elected in June 2019)  Mr Winega BAMANA (Togo)  
 Chairperson (elected in July 2020)  Mr Carlos GUEVARA (Ecuador)  
 
III. MEETINGS OF THE COMMITTEE  
3.1. During the period under review , the Committee held one formal meeting on 19 October 20 20 
(G/VAL/M/ 70)3, chaired by  Mr Carlos GUEVARA ( Ecuador) . The Committee held one informal meeting 
on 4 June 2020 to discuss continuation of the work of the Committee during the short to medium 
term period  in light of the COVID -19 pandemic.  The Committee agreed to postpone the meeting 
scheduled for 9 July 2020 until the Autumn of 2020 and to continue it s work through written 
procedures  until then.  
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 administration 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 su bmit 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. 12. During the 
period under review , the European Union (G/VAL/N/1/EU/1), Tonga (G/VAL/N/1/T ON/1) and Vanuatu 
(G/VAL/N/1/V UT/1) submitted their customs legislation.  
4.3. At the meeting  of 19 October , the Committee agreed to revert at the next meeting to the 
examination of the legislations of the following [24 Members: the Kingdom of Bahrain; Belize; 
Burundi; China; Dominican Republic; the European Union; The Gambia; Guinea; Honduras; India; 
Kazakhstan; Kyrgyz Republic; Malawi; Myanmar;  Nepal; Niger; Nigeria; the Russian Federation; 
Rwanda; Solomon Islands; Sri Lanka; Togo; Tonga and Vanuatu ].  
(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.12. 
During the period under review  there were no notifications of Checklist s of Issues.  
 
 
2 These organizations now 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/3 64 
 
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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 docume nt 
G/VAL/W/5/Rev.32 . During the period under review  Myanmar submitted a notification  
(G/VAL/N/3 /MMR/1 ).  
 
4.8. [No decisions were taken by the Committee during the period under review .] 
V. TECHNICAL ASSISTANCE  
5.1. At the meeting  of 19 October, t he Committee took note that technical assistance in the area 
of customs valuation was incorporated in to the WTO -wide technical assistance programme, and that 
the 2020-2021 biennial technical assistance plan (WT/COMTD/248/Rev.1) was currently being 
implemented.  
5.2. At the meeting of  19 October, t he Committee took note of information compiled by the Technical 
Committee on Customs Valuation in G/VAL/8/Add. 40 concerning technical assistance activities carried 
out by the WCO and its Members.  
 
VI. ISSUES RE LATED TO IMPLEMENTATION OF THE AGREEMEN T 
6.1. At the meeting of 19 October, the Committee  [took note of statement [s] made  under the 
agenda item "P akistan's Determination of Customs  Values of Paper", raised by  Thailand [and …] . 
 
VII.  PRESHIPMENT INSPECTION  
7.1. At the meeting of 19 October, the Committee took note of information on  the status of the 
notifications which had been  received on preshipment inspection ( document s G/PSI/N/1/Rev. 4; 
G/PSI/N/1/Rev.4/Add.1; G/PSI/N/1/Rev.4/Add.2; G/PSI/N/1/Rev.4/Add.3; and 
G/PSI/N/1/Rev.4/Add.4 ). During the period under review , new notification s were submitted by China 
(G/VAL/N/4/Add.1 ), Egypt (G/VAL/N/4/ Add.4) , Seychelles (G/VAL/N/ 4/Add.3) and Tonga 
(G/VAL/N/4/Add.2) . The Co mmittee also took note , at the meeting of 19 October , of statement [s] 
made under the agenda item of questions and responses by the United States and Indonesia, 
respectively . The Committee took note of the latest report by the International Federation of 
Inspection Agencies ( IFIA) concerning countries that use preshipment inspection services  which w as 
circulated  in document  G/VAL/W/63/Rev. 25. IFIA informed the Committee of its name change to 
TIC Council (testing, inspection and ce rtification (TIC) industry Council ). The fifth triennial review of 
the PSI Agreement was launched at the meeting of 19 October.  
 
VIII.  REPORTS BY THE TECHNICAL COMMITTEE ON CUSTOMS VALUATION  
8.1. The representative of the WCO presented a report at the meeting of 19 October on the work 
of the Technical Committee on Customs Valuation  (TCCV) , including the 49th and 50th session s of 
the Technical Committee, which had been  held from 4 to 8 November 2019  and 12 to 
14 October  2020. The TCCV commemorated its 50th session at its October 2020 meeting.  
 
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 . G/VAL/W/ 364 
 
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  X. ANNUAL REPORT TO THE COUNCIL FOR TRADE IN GOODS  
10.1. The Committee [adopted its annual report to  the Council for Trade in Goods in accordance with 
the requirements of Article  23 of the Agreement  (G/L/xxxx ) and requested the Secretariat to update 
it to take account of the 19 October  meeting ]. 
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