Customs Act 1901

PART VIII - THE DUTIES  

Division 2 - Valuation of Imported Goods  

SECTION 161D   DEDUCTIVE (LATER SALES) VALUE  

161D(1)   [Deductive (later sales) value]  

The deductive (later sales) value of imported goods is their value calculated as if the value of each of the units were the unit price of comparable goods sold in the reference sale or sales.

161D(2)   [Definitions]  

In this section:

"later sale"
, in relation to comparable goods compared with imported goods, means a sale known to a Collector of the comparable goods in Australia in the condition in which they were imported, being a sale:

(a) during the 90 days that began on the day of importation of the imported goods;

(b) at the first trade level at which the comparable goods were sold after their importation;

(c) in circumstances where, in the opinion of the Collector, the purchaser of the comparable goods:

(i) was not at the time of the sale, related to the vendor of the comparable goods; and

(ii) did not incur any production assist costs in relation to the comparable goods; and

(d) was, in the opinion of the Collector, a sale of a sufficient number of units of comparable goods as to permit an appropriate determination of their price per unit;

"reference sale"
, in relation to comparable goods, means:

(a) where there was only one later sale of the goods - that sale;

(b) where there were 2 or more such sales and one of them was on an earlier day than the other or others - that sale; or

(c) where there were 2 or more such sales on a common day and no such sale occurred on an earlier day:

(i) if one of the sales on the common day was of a higher number of units of the comparable goods than the other or others on the common day - that sale of a higher number; or

(ii) if 2 or more of the sales on the common day were of the same number of units of comparable goods and no other sale on the common day was of a higher number of such units - whichever of those 2 or more sales of the same number of units was the sale in which comparable goods were sold at the lower or lowest unit price;

"unit price"
, in relation to comparable goods sold in a later sale, means the price of the goods in that sale:

(a) reduced by the sum of value unrelated amounts, deductible administrative costs, and deductible financing costs, in relation to the comparable goods; and

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