WORLD TRADE  
ORGANIZATION  G/VAL/N/1/PER/3 
23 May 2005 
 
 (05-2079) 
Committee on Customs Valuation Original:   Spanish 
  
 
NOTIFICATION UNDER ARTICLE 22 OF THE AGREEMENT 
ON IMPLEMENTATION  OF ARTICLE VII 
OF THE GENERAL AGREEMENT ON 
TARIFFS AND TRADE 1994 
 
PERU 
   The following communication, dated 3 March 2005, is circulated at the request of the 
delegation of Peru. 
 
_______________ 
 
  The Permanent Mission of Peru to the World Trade Organization, pursuant to the provisions of Article 22.2 of the Agreement on Implementa tion of Article VII of the General Agreement on 
Tariffs and Trade 1994, hereby notifies S upreme Decrees No. 098-2002-EF and No. 009-2004-EF 
published in the Official Journal "El Peruano" on  11 June 2002 and 20 January 2004, respectively. 
  The above-mentioned Supreme Decrees amend Supreme Decree No. 186-99 of 
29 December 1999, which is reprodu ced in document G/VAL/N/1/PER/2. 
 
 The Secretariat of the World Trade Organization is requested to circulate this information to 
Members. G/VAL/N/1/PER/3 
Page 2  
 
  SUPREME DECREE No. 009-2004-EF 
ESTABLISHING PROVISIONS ON IMPLEMENTATION 
OF THE WTO CUSTOMS VALUATION AGREEMENT 
 
 
 THE PRESIDENT OF THE REPUBLIC 
  CONSIDERING:   That the Regulations on Goods Valuation under the WTO Agreement on Customs Valuation 
were approved by Supreme Decree No. 186- 99-EF, as amended by Supreme Decrees 
Nos.131-2000-EF, 203-2001-EF and 098-2002-EF;   That it is necessary to approve and standa rdize rules for the valuation of goods whose 
declared value depends on various factors; 
 
 That it is also deemed necessary to enact rules designed to improve the implementation of the WTO Agreement on Customs Valuation.   Pursuant to Article 118, paragraph 8,  of the Political Constitution of Peru, 
 
 HEREBY DECREES: 
  Article 1°.- Article 5(g) of the Regulati ons on Goods Valuation under the WTO Agreement 
on Customs Valuation, approved by Supreme Decr ee No. 186-99-EF and amendment provisions, is 
hereby amended as follows: 
 
 "Article 5°.-   (g) Contain the name and description of the main characteristics of the goods.  
Information not supplied in the commercial invoice should be supplemented in Copy B of the Single Customs Declaration, which shall have the character of a sworn 
statement". 
  Article 2°.- Article 11 of the Regulations on Goods Valuation under the WTO Agreement on 
Customs Valuation, approved by Supreme Decr ee No. 186-99-EF and amendment provisions, is 
hereby amended by the following text: 
 
 "Article 11°.- Where a declaration has been submitted and SUNAT (National Directorate of Tax Administration) has reason to doubt the truth or accuracy of the particulars or documents produced in support of the declaration, it may ask the importer, within a period of 5 (five) working days from the date of notification or acceptance of  the guarantee referred to in Article 12 of this 
Supreme Decree, which may be extended once only fo r the same length of time, to demonstrate or 
provide further explanation, includi ng documents or other evidence, th at the declared value represents 
the total amount actually paid or payable for th e imported goods, adjusted in accordance with the 
provisions of Article 8 of the WTO Agreement on Customs Valuation.   If, after receiving further information, or in the absence of a response upon expiry of the 
above-mentioned time-limit, SUNAT still has reasonable doubts about the truth or accuracy of the 
declared value, it may decide, within the following fi ve (5) working days that the customs value of the 
imported goods cannot be determined  under the provisions of Article 1 of the WTO Agreement, and 
may go on to apply the other valuation methods in  due order and sequence.  Where the customs 
authority, in view of risk indicators, requires a longer period of time to resolve its reasonable doubt, it  G/VAL/N/1/PER/3 
 Page 3 
 
 
 may assign a provisional value, in accordance with th e provisions of Article 13 of the Agreement, for 
a period which may not exceed 30 working days from the date of notification of the reasonable doubt, 
and the importer shall have the option to withdraw  the goods by means of settlement, renewal of the 
guarantee provided in cases of reasonable doubt, or  provision of the guarantee under the conditions 
laid down in Article 12 of this Supreme Decree. 
 
 Once the value has been determined, SUNAT sh all notify the importer, indicating the reasons 
it had to doubt the truth or accuracy of the par ticulars or documents produced and its reasons for 
rejecting the first valuation method.  
 If the reasonable doubts are resolved without a provisional value being assigned, upon expiry 
of the time-limits indicated in this article, the im porter may initiate contentious proceedings pursuant 
to the General Law on Customs, the regulation thereto and its supplem entary and amendment 
provisions.  
 If the importer considers that nothing in his decl aration forms part of the customs value, or if 
he decides voluntarily not to substantiate the declar ed value or to dispel the reasonable doubt, he may 
submit a self-assessment tax return for the difference between the duties paid and those to which the imported goods could be liable by virtue of a valu ation applicable to identical or like goods.  If the 
importer at any time after customs clearance obtains irrefutable and verifiable information or documentation on the accuracy of the declared valu e, he may request reimbursement of the excess 
duties paid, in accordance with the provisions of  the General Law on Customs and its amendment 
provisions."   Article 3°.- Insert the following last paragra ph in Article 13(c), and amend Article 13(d) of 
the Regulations on Goods Valuation under the WT O Agreement on Customs Valuation, approved by 
Supreme Decree No. 186-99-EF and its amendment provisions, to read as follows: 
  "Article 13°.-   '(c) (...) If the difference between the comme rcial level of the benc hmarks has no bearing 
on the price, they may be used for purposes of comparison'. 
 
'(d) If they have been sold in substantially the same quantity or in a different quantity, 
inasmuch as the difference has no bearing on the establishment of the price of the goods'." 
 
 Article 4°.- The first paragra ph of Article 14 of the Regulations  on Goods Valuation under the 
WTO Agreement on Customs Valuation, approved by Supreme Decree No. 186-99-EF, is hereby 
amended to read as follows:   "In order to determine whether the second or  third valuation method is applicable, the 
customs authority may hold consulta tions with the importer when it lacks the necessary information to 
apply the said methods." 
 
Article 5°.- The following articles are hereby  incorporated in the Regulations on Goods 
Valuation under the WTO Agreement on Cust oms Valuation, approved by Supreme 
Decree No. 86-99-EF and its amendment provisions: 
 G/VAL/N/1/PER/3 
Page 4  
 
  "Article 28°.- In order to determine the cu stoms value on which the duties are to be based, 
where appropriate, depreciation for use of the goods in  the national territory shall not be applicable in 
the following cases:   (a) Movement from special tax areas to the common tax area; 
 
 (b) transfer of imported goods with non- application of taxes or tax exemption; 
  (c) clearance for domestic consumption of  goods subject to regimes of temporary 
admission, temporary import or special customs treatment where appropriate, except 
in cases where depreciation is expressly permitted by law". 
  "Article 29°.- Additional external payments wh ich form part of the customs value, and which 
cannot be separately itemized under th e simple customs declar ations to which they pertain, shall be 
added together to obtain the resultant total amount of  such payments.  That amount shall be prorated 
to the import declarations covering all imported goods, on the basis of the declared f.o.b. value. 
  For the purposes of the preceding paragraph, it shall be understood that the imported goods 
for which additional external payments are made ma y have been cleared for domestic consumption by 
means of import declarations processed during the period of occurrence of th e additional payments, or 
during an earlier period. 
 
 The period referred to above shall be an annual period." 
  "Article 30°.- Where the royalties and licence fe es referred to in Article 8.1(c) of the WTO 
Agreement on Customs Valuation are to be added to the price actually paid or payable, the following 
procedures shall apply, where appropriate: 
  (a) Finished imported product:  the total amount of royalties and licence fees paid or 
payable for the finished import shall be prorated to the import declarations covering all the goods in question, on the basi s of the declared f.o.b. value; 
 
 (b) imported inputs:  the proportional share of the total amount of royalties and licence 
fees paid or payable for the imported input shall be prorated to the import 
declarations covering the total of the inputs in question, on the basis of the declared 
f.o.b. value. 
 
 For the purpose of the preceding paragraphs, it shall be understood that the finished imported 
product or the imported input for which the paymen t of royalties and/or licence fees was made, may 
have been cleared for domestic consumption by means of import declarations processed during the period of occurrence of the additional paymen t or payments, or during an earlier period. 
  The period referred to above shall be an annual period." 
 
 "Article 31°.- It is hereby specified that th e 'condition of sale' referre d to in paragraph 7 of 
Annex III to the WTO Customs Valuation Agreement ma y be stipulated expressly in the contract, or 
may be tacitly defined from an analysis of each of the obligations assumed by the parties among 
themselves at the time of entering into or implem enting the contract, or from an analysis of the 
obligations assumed by the parties vis-à-vis  third parties which have an interest in the transaction." 
  "Article 32°.- In order to determine the cust oms value of used or worn goods in accordance 
with the method of last resort, the customs author ity may make the valuation on the basis of their 
price when new on the date of manufacture, est imating a value in accordance with their present  G/VAL/N/1/PER/3 
 Page 5 
 
 
 condition, which in no case shall be le ss than 50 per cent of their original f.o.b. value.  This provision 
does not apply to the valuation of used vehicles entering through the Centres for Export, Transformation, Industry, Trade and Services (CETICOS) and/or the TACNA free trade zone (ZOFRATACNA), which is governed by the provisions of Article 6 of Supreme Decree No. 203-2001-EF." 
 
 Article 6°.- The second paragraph of Article 6 of Supreme Decree No. 098-2002-EF is hereby 
amended to read as follows:   "In cases where the transaction value method is not applicable or is rejected, the method of 
last resort shall be applied, consisting in an ev aluation of export prices, using price quotations, 
specialized journals, price surveys and other benchm arks available for goods identical or alike to the 
imported goods at the same time or at a very close point in time, and assigning the price most 
prevalently applied in the export market".  
 Article 7°.- The text of Article 7 of Supr eme Decree No. 098-2002-EF is hereby replaced by 
the following text:   "Article 7°:- Where the declared price for goods  covered by the Annex, whatever their value, 
is questioned by the customs authority, thereb y giving rise to reasonable doubt, the importer shall 
provide evidence to the satisfaction of that authorit y that the declared value corresponds to the price 
actually paid or payable.  If the importer fails  to present the necessary documentation, or if the 
documentation presented is insufficient to dispel the reasonable doubt, the customs authority shall 
reject the transaction value and apply the method of last resort in accordance with the provisions of 
Article 6 of this Supreme Decree."  
 Article 8°.- The list of national subheadings  sensitive to valuation fraud reproduced as an 
annex to Supreme Decree No. 098-2002-EF may be amended by Ministerial Resolution of the 
Ministry of the Economy and Finance.   Article 9°.- In accordance with the definition of  "export" contained in Advisory Opinion 14.1 
of the Technical Committee on Customs Valuati on, the transaction value method shall not be 
applicable to goods from free zones, whose value sh all be determined according to the other methods 
prescribed in the WTO Agreement on Customs Valuation.   Article 10°.- In cases where the importer cannot prove the price actually paid or payable, on 
account of not being legally required to keep bo oks or accounting records of transactions and/or 
having made a payment in cash that was not official ly documented, the customs authority may reject 
the transaction value method and determine value on the basis of the other methods provided for in 
the WTO Agreement on Customs Valuation.  This pr ovision shall also apply to importers required to 
keep accounting records, that do not do so or keep incomplete records.   Article 11°.- This Supreme Decree shall be endorsed by the Ministry of the Economy and 
Finance and shall enter into force sixty (60) da ys after its publication in the Official Journal 
"El Peruano".  Article 2 of this Supreme Decree shall likewise enter into force thirty (30) days after its 
publication in the Official Journal "El Peruano".   Done at Government House, in Lima, on the twentieth day of January two thousand and four. 
 ALEJANDRO TOLEDO 
 Constitutional President of the Republic 
 JAIME QUIJANDRÍA SALMON 
 Minister of the Economy and Finance G/VAL/N/1/PER/3 
Page 6  
 
  
SUPREME DECREE NO. 098-2002-EF 
 
 THE PRESIDENT OF THE REPUBLIC  
 CONSIDERING : 
  That Supreme Decree No. 186-1999-EF, as amended by Supreme Decrees Nos. 131-2000-EF and 203-2001-EF, provided for the application of th e valuation rules approved by the Agreement on 
Implementation of Article VII of the General Agre ement on Tariffs and Trade 1994, as well as for the 
approval of the Regulations on Goods Valuation under the WTO Agreement on Customs Valuation; 
  That it is necessary to approve suitable me asures for the treatment of goods considered 
sensitive to valuation fraud;  and  
 Pursuant to Article 118, paragraph 8,  of the Political Constitution of Peru, 
  HEREBY DECREES : 
  Article 1.-  Replace Article 2 of Supreme Decree No. 186-99-EF, as amended by Supreme 
Decrees Nos. 131-2000-EF and 203-2001-EF, by the following: 
 
 " Article 2.-  The decisions of the Committee on Customs Valuation of the World Trade 
Organization (WTO) and the instruments of the Technical Committee on Customs Valuation 
(Brussels) are hereby incorporated in national legisl ation.  To that end, the Customs Administration 
shall approve the appropriate opera tional standards for the implemen tation of the WTO Agreement on 
Customs Valuation." 
  Article 2.-  Replace the text of Articles 1(b) and 1(c), Article 6(e), Article 7(f), Articles 8 and 
12, Article 13(b) and Article 26 of the "Regula tions on Goods Valuation under the WTO Agreement 
on Customs Valuation", approved by Supreme Decree No. 186-99-EF and amended by Supreme 
Decrees Nos. 131-2000-EF and 203-2001-EF, by the following texts: 
 
 " Article 1.-  
  (b) Burden of proof:  obligation on the importer to prove that the declared customs value 
is the price actually paid or payable for the imported goods, in accordance with the 
conditions and adjustments provided for in the WTO Agreement on Customs 
Valuation and the rules laid down in these Regulations. 
   If the importer fails to comply with the pr escribed obligation or fails to substantiate 
the declared customs valu e in such a way as to dispel the reasonable doubts 
entertained, the Customs Administration shall use the other valuation methods in due 
order and exclusively in order to de termine the customs value of the goods. 
  (e) Price indicator:  this term is applied to  the goods values used by customs personnel as 
a risk indicator to verify the declared value, and where appropriate to generate 
reasonable doubt and determine the customs va lue in accordance with  the rules of the 
WTO Agreement on Customs Valuation.  These indicators are recorded in the "Price 
Verification System – SIVEP or in other resources established by the Customs Administration." 
  G/VAL/N/1/PER/3 
 Page 7 
 
 
  "Article 6.- 
  (b) They shall be distinguishable from the price of the goods, as indicated in the 
commercial invoice, or recorded in the written contract of sale, a copy of which shall 
be submitted to the import clearance office." 
 
 "Article 7.-   (f) Transport costs, insurance and related costs to the place of import, as defined in 
Article 8 of these Regulations, with the ex ception of unloading and handling costs at 
the port or place of importation, provided  that they are distinguished from total 
transport costs. 
   Transport costs include all those costs that make it possible to deliver the goods to the 
place of import, irrespective of who receives them or makes payment." 
 
 "Article 8.- The customs value shall be determ ined taking into account the fact that the goods 
are delivered to the place of import, i.e. the custom s office of the national territory in which the goods 
are made subject to the first customs formality.  The customs value shall include all costs incurred up 
to the place of import, with the exception of the co sts referred to in Article 7(f) of these Regulations. 
 
 Where any one of the elements referred to a bove is free of charge or is covered by the 
importer's own resources or services, its value shall be calculated on the basis of the rates or premiums normally charged.  In the absence of in formation on this matter, the first valuation method 
shall not be applicable."  
 "Article 12.- In the cases referred to in th e preceding article, where there are grounds for 
reasonable doubt or where the customs value cannot be determined at the time of clearance, the 
importer shall have the option of withdrawing th e goods before the Customs Administration makes 
the final valuation, upon presentation of a guarantee equivalent to the difference between the amount 
of duties paid and those to which the goods could be  liable, by means of a cash deposit, bond or any 
other means prescribed by the Customs Administration." 
 
 "Article 13.-   (b) If they have been exported to Peru at the same time or at a very  close point in time, 
whether before or after, the earlier point  being preferred where they are equally 
close." 
  "Article 26.- In cases of simplified import clea rance, at the option of the importer, the 
customs value may be determined in accordance with the reference book of values published on the 
Customs Administration portal, or on the basis of th e valuation methods referred to in the Agreement. 
 
 In cases of simplified import clearance in border areas, the values obtained from 
investigations conducted in the country of expor t shall be used for purposes of verification and 
determination of the customs value."   " Article 3.-  The second paragraph of Article 23 of th e 'Regulations on Goods Valuation under 
the WTO Agreement on Customs Valuation', approved by Supreme Decree No. 186-99-EF and 
amended by Supreme Decrees Nos. 131-2000- EF and 203-2001-EF, is hereby rescinded. 
  Article 4.-  The text of the first paragraph of Article 3 of Supreme Decree No. 203-2001-EF is 
hereby replaced by the following: G/VAL/N/1/PER/3 
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 "In the Customs Divisions considered to be at  high risk of exposure to fraud, when reasonable 
doubt is determined to exist or when it is ascerta ined that the declared value does not include the 
adjustments provided for in Article 8 of the WT O Agreement on Customs Valuation, whichever is 
applicable, the importer may dispose of or withdraw the goods upon payment or provision of 
sufficient guarantee in accordance with Article 13 of the above-mentioned Agreement and Article 12 
of the Regulations on Goods Valuation."   Article 5.-  The importation of the goods covered by  the Annex which forms part of this 
Supreme Decree, when they are considered sensitive to valuati on fraud, shall be subject to 
preshipment inspection in accordance with Legislativ e Decree No. 650, when their invoiced f.o.b. 
value is two thousand US dollars (US$2000) or mo re, applying the valuation methodology referred to 
in Article 6 of this Supreme Decree.   Article 6.-  For the goods covered by the Annex whic h forms part of this Supreme Decree, 
irrespective of their value and when the first va luation method based on "transaction value" is not 
applicable, the methods envisaged in Articles 2,  3, 4 and 5 of the WTO Agreement on Customs 
Valuation shall not be applied due to non-availabili ty of verified benchmark prices of other imports 
when such prices are under investigation and no info rmation is available for the application of the 
computed or deductive value method.  
 In such cases, where the transaction value method is  either not applicable or is rejected, the 
method of last resort shall be used, consisting in  an export price evaluation using price quotations, 
specialized journals, price surveys and other benchm arks available for goods identical or alike to the 
imported goods at the same time or at a very close point in time, and assigning the average export price." 
 
 Article 7.-  For the goods covered by the Annex, irrespective of their value, where the 
declared price is queried by the Customs Administration, thereby giving rise to reasonable doubt, the importer may be requested to substantiate the d eclared value by submitting the following documents: 
  - Quotations issued by the supplier or  price lists approved by the Chamber of 
Commerce of the country of origin, accountin g records or other documents in which 
the price of the same or identical or like goods is recorded; 
  - a copy of the declaration submitted to the customs office of export.  
 If the importer fails to submit the requested documents or if the documents submitted are 
insufficient to dispel reasonable doubt, the Custom s Administration shall reject the transaction value 
and apply the method of last resort in accord ance with Article 6 of this Supreme Decree. 
  Article 8.-  The inspection companies shall provide the Customs Administration with 
benchmark prices for goods identical or alike to tho se that are valued under the procedure described in 
Article 6 of this enactment, in accordance with the in structions issued to that effect by resolution of 
the Supervisory Authority.   Article 9.-  This Supreme Decree shall be endorsed by the Minister of the Economy and 
Finance and shall enter into force twenty days after its publication in the Official Journal 
"El Peruano".  G/VAL/N/1/PER/3 
 Page 9 
 
 
 TRANSITIONAL PROVISION 
 
 This Supreme Decree shall not apply to g oods consigned before its entry into force. 
  Done at Government House, in Lima, on the eleventh day of June two thousand and two. 
 
 ALEJANDRO TOLEDO  Constitutional President of the Republic   PEDRO PABLO KUCZYNSKI 
 Minister of the Economy and Finance 
  
ANNEX 
 
LIST OF NATIONAL SUBHEADINGS 
SENSITIVE TO VALUATION FRAUD 
 
 3920430000  5515120000  3920490000  5516120000  
3921120000  5516140000  
3921130000  5903100000  3921190000  5903200000  3921900090  5903900000  3924109000  5907000000  
3924900000  6006320000  
3926100000  6302600000  4202121000  6302910000  4202129000  6302920000  4202190000  6302930000  4202220000  6302990000  
4202290000  6402190000  
4202320000  6402200000  4202390000  6402910000  4202920000  6402990000  4202991000  6403190000  
4202999000  6403200000  
5209420000  6403510000  5407410000  6403590000  5407420000  6403910000  5407520000  6404111000  5407540000  6404112000  
5407610000  6404190000  
5407690000  6404200000  5407720000  6405100000  5508100090  6405200000  5513110000  6405900000  
5513210000  9607110000  
5513310000  9607190000  5513410000  9607200000  5515110000   
__________