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CUSTOMS ACT 1901 - SECT 161A

Identical goods value

  (1)   The identical goods value of imported goods is their value calculated as if the value of each of their units were:

  (a)   the unit price of comparable identical goods; or

  (b)   if, because 2 or more lots of goods are treated as comparable identical goods, there are 2 or more such unit prices--the lower or lowest of those unit prices.

  (2)   In this section:

"comparable identical goods" , in relation to imported goods, means identical goods that a Collector is satisfied:

  (a)   were exported to Australia about the same time as the imported goods; and

  (b)   either:

  (i)   were sold in the same, or substantially the same, quantities, as the imported goods in an import sales transaction at the same trade level as the import sales transaction of the imported goods; or

  (ii)   are of a kind that reasonable inquiry by the Collector has not shown to be so sold.

"unit price" , in relation to comparable identical goods, means their transaction value:

  (a)   adjusted to such extent as a Collector considers necessary so that that value is what it would have been if:

  (i)   their foreign inland freight and foreign inland insurance had been what that freight and insurance would have been if the goods had been transported, and only transported, over the distances over which, and in the modes in which, the imported goods with which they are comparable identical goods were transported;

  (ii)   the trade levels of the import sales transactions of the comparable identical goods had been those of the import sales transaction of the imported goods; and

  (iii)   the comparable identical goods had been sold in their import sales transactions in the quantity in which the imported goods were sold in their import sales transaction; and

  (b)   divided by the number of units of the comparable identical goods.



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