PARTICULAR , THE BASIS FOR CUSTOMS VALUATION OF GOODS WILL , AS A GENERAL RULE , BE THE TRANSACTION VALUE DEFINED IN ARTICLE 3 OF THIS REGULATION ;
WHEREAS , HOWEVER , CERTAIN TRANSITIONAL MEASURES MUST BE LAID DOWN IN THE CASE OF GOODS THE CUSTOMS VALUE OF WHICH MUST BE DETERMINED PRIOR TO THE DATE OF ENTRY INTO FORCE OF THE ABOVEMENTIONED AGREEMENT ;
WHEREAS IT IS NECESSARY TO GUARANTEE THAT THIS REGULATION APPLIES UNIFORMLY TO IMPORTS OFF ALL GOODS AND , THEREFORE , TO LAY DOWN A COMMUNITY PROCEDURE WHICH WILL ENABLE THE DETAILED RULES FOR ITS IMPLEMENTATION TO BE ADOPTED WITHIN AN APPROPRIATE PERIOD ;
WHEREAS IT IS , THEREFORE , DESIRABLE THAT A COMMITTEE BE SET UP TO ORGANIZE CLOSE AND EFFECTIVE COLLABORATION BETWEEN THE MEMBER STATES AND THE COMMISSION IN THIS AREA ,
HAS ADOPTED THIS REGULATION :
TITLE 1
ARTICLE 1
1 . IN THIS REGULATION :
( A ) ' CUSTOMS VALUE ' MEANS VALUE FOR THE PURPOSE OF APPLYING THE COMMON CUSTOMS TARIFF ;
( B ) ' PRODUCED ' INCLUDES GROWN , MANUFACTURED AND MINED ;
( C ) ' IDENTICAL GOODS ' MEANS GOODS PRODUCED IN THE SAME COUNTRY WHICH ARE THE SAME IN ALL RESPECTS , INCLUDING PHYSICAL CHARACTERISTICS , QUALITY AND REPUTATION . MINOR DIFFERENCES IN APPEARANCE SHALL NOT PRECLUDE GOODS OTHERWISE CONFORMING TO THE DEFINITION FROM BEING REGARDED AS IDENTICAL ;
( D ) ' SIMILAR GOODS ' MEANS GOODS PRODUCED IN THE SAME COUNTRY WHICH , ALTHOUGH NOT ALIKE IN ALL RESPECTS , HAVE LIKE CHARACTERISTICS AND LIKE COMPONENT MATERIALS WHICH ENABLE THEM TO PERFORM THE SAME FUNCTIONS AND TO BE COMMERCIALLY INTERCHANGEABLE ; THE QUALITY OF THE GOODS , THEIR REPUTATION AND THE EXISTENCE OF A TRADEMARK ARE AMONG THE FACTORS TO BE CONSIDERED IN DETERMINING WHETHER GOODS ARE SIMILAR ;
( E ) ' IDENTICAL GOODS ' AND ' SIMILAR GOODS ' , AS THE CASE MAY BE , DO NOT INCLUDE GOODS WHICH INCORPORATE OR REFLECT ENGINEERING , DEVELOPMENT , ARTWORK , DESIGN WORK , AND PLANS AND SKETCHES FOR WHICH NO ADJUSTMENT HAS BEEN MADE UNDER ARTICLE 8 ( 1 ) ( B ) ( IV ) BECAUSE SUCH ELEMENTS WERE UNDERTAKEN IN THE COMMUNITY ;
( F ) ' GOODS OF THE SAME CLASS OR KIND ' MEANS GOODS WHICH FALL WITHIN A GROUP OR RANGE OF GOODS PRODUCED BY A PARTICULAR INDUSTRY OR INDUSTRY SECTOR , AND INCLUDES IDENTICAL OR SIMILAR GOODS ;
( G ) ' THE MATERIAL TIME FOR VALUATION FOR CUSTOMS PURPOSES ' MEANS :
( I ) FOR GOODS DECLARED FOR DIRECT ENTRY INTO FREE CIRCULATION , THE DATE OF ACCEPTANCE BY THE CUSTOMS AUTHORITIES OF THE DECLARANT ' S STATEMENT OF HIS INTENTION THAT THE GOODS SHOULD ENTER INTO FREE CIRCULATION ,
( II ) FOR GOODS WHICH , AFTER ANOTHER CUSTOMS PROCEDURE HAS BEEN APPLIED , ENTER INTO FREE CIRCULATION , THE TIME FIXED BY ACTS OF THE COUNCIL OR THE COMMISSION PERTAINING TO