G/VAL/W/274  
 
29 September 2015  
(15-5032) Page: 1/5  
Committee on Customs Valuation    
 
 
DRAFT 
TWENTY-FIRST ANNUAL REVIEW OF THE IMPLEMENTATION AND 
OPERATION OF THE AGREEMENT ON IMPLEMENTATION OF ARTICLE VII 
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 19941 
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 General Introductory Commentary.  The annual review of the Committee should cover the implementation and operation of the Agreement in the light of its objectives and specific obligations. 
At its meeting of 7 October 2015, the Committee on Customs Valuation conducted and adopted 
the 21
st annual review of the implementation and operation of the Agreement. 
The contents of this document are as follows: 
  Page 
I. MEMBERS, DELAYED APPLICATIONS, RESERVATIONS AND OBSERVER 
STATUS ........................................................................................................................ .... 2 
(a) Delayed Application an d Reservat ions ......................................................................... 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)  ..................................... 2  
(iv) Annex III, paragraph 2 (reservation concerning minimum values)  ................................... 2  
(v) Annex III, paragraph 3 (reservation concerning reversal of sequential order of 
Articles 5 and 6) (53)  ........................................................................................................ 2  
(vi) Annex III, paragraph 4 (reservation to apply Article 5.2 whether or not the 
importer so requests) (51)  ................................................................................................. 3  
(b) Observer Govern ments (23) ...................................................................................... 3  
(c) Observer International Organization s (6) ..................................................................... 3  
II. OFFICERS OF THE WTO COMMITTEE ON CUSTOMS VALUATION ............................... 3  
III. MEETINGS OF TH E COMMITTEE ............................................................................... 3  
IV. NATIONAL LEGISLAT ION PRESENTED ..................................................................... 4  
(a) Texts of national  legislation ....................................................................................... 4  
(b) Checklist of issues .................................................................................................... 4  
(c) Examination of nation al legislation .............................................................................. 4  
(d) Information on the application of the Committee Decisions ............................................. 4  
V. DECISIONS TAKEN BY  THE COMMITTEE .................................................................. 5  
VI. TECHNICAL ASSISTANCE ......................................................................................... 5  
                                               
 
1 This report was adopted by the Committee on Cu stoms Valuation at its meeting of 7 October 2015. G/VAL/W/274 
 
- 2 - 
 
  VII. ISSUES RELATED TO IMPLEMENTATION OF THE AGREEMENT .................................. 5  
VIII. PRESHIPMENT IN SPECTION .................................................................................... 5  
IX. REPORTS BY THE TECHNICAL COMMI TTEE ON CUSTOMS VALUATION ..................... 5  
X. CONSULTATION AND DISP UTE SETTLEMENT ........................................................... 5  
XI. ANNUAL REPORT TO THE COUN CIL FOR TRADE IN GOODS ...................................... 5  
 
I. MEMBERS, DELAYED APPLICATIONS, RESERVATIONS AND OBSERVER STATUS 
(a) Delayed Application and Reservations 
This section reflects the situation with respect to special and differential treatment provisions 
available for developing country Members as of 23  September 2015.  These provisions have been 
invoked as follows: 
(i) Article 20.1 (delayed application of the provisions of the Agreement)  
No Member maintains this special and differential treatment provision. (ii) Article 20.2 (delayed application of the computed value method)  
No Member maintains this special and differential treatment provision. 
(iii) Annex III, paragraph 1 (extension of the five-year delay period)  
As a result of its Accession to the WTO, Yemen will start fully implementing the Agreement by 
31 December 2016.
2  No other Member maintains this special and differential treatment provision.   
(iv) Annex III, paragraph 2 (reservation concerning minimum values) 
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) 
Argentina
3 Guatemala Niger 
Bahrain, Kingdom of Guyana Pakistan 
Bangladesh Haiti Panama 
Benin Honduras Peru3 
Brazil3 India3 Philippines 
Brunei Darussalam Indonesia Senegal 
Burkina Faso Israel Sri Lanka Cameroon Jamaica Thailand Chile Kenya Togo 
Colombia Madagascar Tunisia 
Costa Rica Malawi
3 Turkey3 
Côte d'Ivoire Malaysia Uganda 
Djibouti Maldives United Arab Emirates 
Dominican Republic Mali Uruguay Ecuador Mexico
3 Venezuela, Bol. Rep. of   
Egypt Morocco3 Zambia 
El Salvador Myanmar Zimbabwe3 
Gabon Nicaragua  
 
                                               
 
2 See paragraphs 108-115 of the Report of the Working Party on the Accession of Yemen to the WTO, 
WT/ACC/YEM/42. 
3 Members that maintain in the WTO the special and differential treatment provisions that had been 
invoked under the Tokyo Round Agre ement through Decision WT/L/38. G/VAL/W/274 
 
- 3 - 
 
  (vi) Annex III, paragraph 4 (reservation to apply Article 5.2 whether or not the importer so 
requests) (51) 
Argentina4 Dominican Republic Kenya Peru4 
Bahrain, Kingdom of Ecuador Madagascar Philippines 
Bangladesh Egypt Malaysia Senegal 
Benin El Salvador Malawi Sri Lanka Brazil
4 Gabon Maldives Thailand 
Brunei Darussalam Guatemala Mali Togo 
Burkina Faso Guyana Mexico4 Tunisia 
Cameroon Haiti Morocco4 Turkey4 
Chile Honduras Myanmar Uruguay 
Colombia India4 Nicaragua Venezuela, Bol. Rep. of  
Costa Rica Indonesia Niger Zambia Côte d'Ivoire Israel Nigeria Zimbabwe
4 
Djibouti Jamaica Pakistan  
 (b) Observer Governments (23) 
Afghanistan Iran 
Algeria Iraq Andorra Kazakhstan Azerbaijan Lebanese Republic 
Bahamas Liberia, Republic of 
Belarus Libya Bhutan Sao Tomé and Principe 
Bosnia and Herzegovina Serbia 
Comoros Sudan Holy See Syrian Arab Republic 
Equatorial Guinea Uzbekistan 
Ethiopia   (c) Observer International Organizations (6)
5 
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 
Chairperson (elected in May 2014) Mrs. Joanna Cheung (Hong Kong, China) 
Chairperson (elected in May 2015)  Mr. LIU Ping (China) 
 
III. MEETINGS OF THE COMMITTEE 
During the reporting period, the Committee held two formal meetings.  The first meeting was held on 
21 May 2015 (G/VAL/M/60) and was chaired by Mrs. Joanna Cheung (Hong Kong, China). 
The second meeting was held on 7 October 2015, and was chaired by Mr. LIU Ping (China).   
                                               
 
4 Members that maintain in the WTO the special and differential treatment provisions that had been 
invoked under the Tokyo Round Agre ement through Decision WT/L/38. 
5 These organizations now have official observer  status following Agre ement in the Committee 
(G/VAL/M/5) and Agreements between the World Bank and the IMF with the WTO (WT/L/195). G/VAL/W/274 
 
- 4 - 
 
  IV. NATIONAL LEGISLATION PRESENTED 
(a) Texts of national legislation 
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, pa ragraphs 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"6 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. 
The status of these notifications is contained in document G/VAL/W/232/Rev.3.  During the reporting 
period, new notifications were submitted by: Cabo Verde (G/VAL/N/1/CPV/1 and G/VAL/N/1/CPV/2); 
Guinea (G/VAL/N/1/GIN/1); Honduras (G/VAL/N/1/HND/1); Montenegro (G/VAL/N/1/MNE/1); Nepal 
(G/VAL/N/1/NPL/1); South Africa (G/VAL/N/1 /ZAF/1 and G/VAL/N/1/ZAF/2); Sri Lanka 
(G/VAL/N/1/LKA/1 and G/ VAL/N/1/LKA/1/Add.1); and the Russian Federation 
(G/VAL/N/1/RUS/3/Add.1 an d G/VAL/N/1/RUS/2/Add.1). 
(b) Checklist of issues 
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.  
The status of these notifications is also contained in document G/VAL/W/232/Rev.3. During the 
reporting period, communications were submitted by South Africa (G/VAL/N/2/ZAF/1) and Sri Lanka 
(G/VAL/N/2/LKA/1). 
(c) Examination of national legislation 
At its meeting of 21 May, the Committee continued the examination of various national legislations.  
In this regard, it agreed to revert at the next meeting to the examination of the legislations of 
Bahrain; Belize; Cabo Verde; Colombia; Ecuador; Gambia; Guinea; Honduras; Mali; Moldova; Montenegro; Nicaragua; Nigeria; Russian Federation; Rwanda; St. Vincent and the Grenadines; 
South Africa; and Sri Lanka. It examined for the first time new notifications by Guinea; Honduras; 
Montenegro; South Africa; and Sri Lanka.  In addition, the Committee concluded the review of the national legislation of Lesotho; Ukraine; and Uruguay.  
At its meeting of 7 October, the Committee continued the examination of various national 
legislations.  In this regard, it agreed to revert at the next meeting to the examination of the legislations of Bahrain; Belize; Cabo Verde; Colombia; Ecuador; Gambia; Guinea; Honduras; Mali; 
Moldova; Montenegro; Nepal; Nicaragua; Nigeria; Russian Federation; Rwanda; St. Vincent and 
the Grenadines; South Africa; and Sri Lanka. It examined a new notification from Nepal.  In addition, the Committee concluded the review of the national legislation of [  ].  
(d) Information on the application of the Committee Decisions 
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 
document G/VAL/W/5/Rev.24.  During the reporting period, the Committee received new 
notifications from Montenegro (G/VAL/N/3/MNE/1); Sri Lanka (G/VAL/N/3/LKA/1 and G/VAL/N/3/LKA/2); and South Afri ca (G/VAL/N/3/ZAF/1).  The Committee has also been having 
ongoing discussions on a proposal by Uruguay (G/V AL/W/241/Rev.1) to update the Decision on the 
Valuation of Carrier Media Bearing Software for Da ta Processing Equipment, as well as a related 
proposal by Switzerland (G/VAL/W/254), during this reporting period.   
                                               
 
6 Section B.2 of document G/VAL/5. G/VAL/W/274 
 
- 5 - 
 
  V. DECISIONS TAKEN BY THE COMMITTEE 
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.   
There were no decisions adopted during the reporting period. VI. TECHNICAL ASSISTANCE 
The Committee took note that technical assistance in the area of customs valuation was now 
incorporated in the WTO-wide technical assistance programme, and that 2014-2015 biennial technical assistance plan was currently being implemented.  There had been no regional activities in 2015.  
Members also have the possibility to request at any time technical assistance on customs 
valuation, which would be met by a national activi ty designed to meet the needs of the recipient. 
In 2015, two national activities were carried out, jointly in cooperation with the WCO, for Comoros 
and Saint Lucia. 
VII.  ISSUES RELATED TO IMPLEMENTATION OF THE AGREEMENT 
At the meetings of 21 May and 7 October, the Committee took note of statements made regarding 
the work in relation to the Committee's mandate in paragraph 8.3 of the Ministerial Decision on 
Implementation-Related Issues and Concerns. 
VIII.  PRESHIPMENT INSPECTION 
The Secretariat prepared a report consolidating all the notifications which had been received on 
preshipment inspection (G/PSI/N/1/Rev.2). During the reporting period, new notifications were 
submitted by Congo (G/PSI/N/1/Rev.2/Add.1 ) and Malawi (G/PSI/N/1/Rev.2/Add.2).  
On the report by the International Federation of Inspection Agencies (IFIA) concerning countries that 
use preshipment inspection services, new information was submitted at the beginning of May and 
distributed in G/VAL/W/63/Rev.17. 
IX. REPORTS BY THE TECHNICAL COMMITTEE ON CUSTOMS VALUATION 
At the 21 May meeting, the representative of the WCO presented a report on the 40th session of the 
Technical Committee on Customs Valuation (TCCV), which was held from 5 to 9 May 2014.   
The 7 October meeting predated the 41
st session of the Technical Committee on Customs Valuation 
(TCCV), which would be held from  20 to 23 October 2015.   
X. CONSULTATION AND DI SPUTE SETTLEMENT 
During the reporting period, there was one request for consultations involving the Agreement on 
Preshipment Inspection:  Indonesia - Measures Concerning the Importation of Chicken Meat and 
Chicken Products (DS484, complainant: Brazil). 
XI. ANNUAL REPORT TO THE COUNCIL FOR TRADE IN GOODS  
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/xxx).   
__________