4.—(1) In determining the transaction value of goods under regulation 3, the price paid or payable for the goods must be adjusted in the manner specified in paragraphs (2) and (3).(2) The price paid or payable for the goods must be adjusted by adding amounts, to the extent that each such amount is not otherwise included in the price paid or payable for the goods and is determined on the basis of sufficient information, equal to —(a) | commissions and brokerage in respect of the goods incurred by the buyer, other than fees paid or payable by the buyer to the buyer’s agent for the service of representing the buyer in respect of the purchase of the goods; | (b) | the packing costs and charges incurred by the buyer in respect of the goods, including the cost of cartons, cases and other containers and coverings that are treated for customs purposes as being part of the manufactured goods and all expenses of packing incidental to placing the goods in the condition in which they are transported out of the place of manufacture; | (c) | the value of any of the following goods and services:(i) | materials, components, parts and other goods incorporated in the manufactured goods; | (ii) | tools, dies, moulds and other goods utilised in the production of the manufactured goods; | (iii) | materials consumed in the production of the manufactured goods; | (iv) | engineering, development work, art work, design work, plans and sketches necessary for the production of the manufactured goods, |
determined in the manner specified in paragraphs (5) to (7), that are supplied, directly or indirectly, by the buyer free of charge or at a reduced cost for use in connection with the production of the manufactured goods, apportioned to the manufactured goods in a reasonable manner and in accordance with generally accepted accounting principles; |
| (d) | royalties and licence fees, including payments for patents, trade marks and copyrights in respect of the manufactured goods that the buyer must pay, directly or indirectly, as a condition of the sale of the goods, exclusive of charges for the right to reproduce the manufactured goods in Singapore; and | (e) | the value of any part of the proceeds of any subsequent resale, disposal or use of the goods by the buyer that accrues or is to accrue, directly or indirectly, to the manufacturer. |
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(3) After the additions are made in accordance with paragraph (2), the price paid or payable for the goods must be further adjusted by deducting amounts, to the extent that each such amount is otherwise included in the price paid or payable for the goods, equal to any of the following costs, charges or expenses:(a) | any reasonable cost, charge or expense that is incurred for the construction, erection, assembly or maintenance of, or technical assistance provided in respect of, the goods after the goods are manufactured; | (b) | any reasonable cost, charge or expense that is incurred in respect of the transportation or insurance of the goods after the goods are removed from the place of manufacture and any reasonable cost, charge or expense associated with the transportation or insurance of the goods after the goods are removed from the place of manufacture; | (c) | any customs duties, excise duties or other taxes payable in Singapore by reason of the sale of the goods, |
if the cost, charge or expense is identified separately from the balance of the price paid or payable for the goods. |
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(4) Where any adjustment in terms of paragraphs (1), (2) and (3) cannot, in the opinion of the proper officer of customs, be made because of the lack of sufficient information, then the transaction value of the goods being valued cannot be determined under regulation 3. |
(5) The value of any materials, components, parts and other goods incorporated in the goods being valued, or any materials consumed in the production of the goods being valued (called in this paragraph the materials), that are supplied, directly or indirectly, by the buyer of the goods must be determined —(a) | by ascertaining —(i) | where the materials were acquired by the buyer from a person who was not related to the buyer at the time of their acquisition — the cost of acquisition of the materials; | (ii) | where the materials were acquired by the buyer from a person who was related to the buyer at the time of their acquisition but who did not produce the materials — the cost of acquisition of the materials incurred by the person related to the buyer; or | (iii) | where the materials were produced by the buyer or a person related to the buyer at the time of production of the materials — the cost of production of the materials; and |
| (b) | by adding to the value ascertained under sub‑paragraph (a) —(i) | the cost of transportation of the materials to the place of production of the goods being valued; and | (ii) | the value added to the materials by any repairs or modifications made to them after they were acquired or produced. |
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(6) The value of any tools, dies, moulds and other goods utilised in the production of the goods being valued (called in this paragraph the tools) that are supplied, directly or indirectly, by the buyer of the goods must be determined —(a) | by ascertaining —(i) | where the tools were acquired by the buyer from a person who was not related to the buyer at the time they were so acquired — the cost of acquisition of the tools; | (ii) | where the tools were acquired by the buyer from a person related to the buyer at the time they were so acquired but who did not produce the tools — the cost of acquisition of the tools incurred by the person related to the buyer; or | (iii) | where the tools were produced by the buyer or a person related to the buyer at the time of production of the tools — the cost of production of the tools; |
| (b) | by adding to the value ascertained under sub‑paragraph (a) —(i) | the cost of transportation of the tools to the place of production of the goods being valued; and | (ii) | the value added to the tools by any repairs or modifications made to them after they were so acquired or produced; and |
| (c) | by deducting an amount to account for any previous use of the goods made after the goods were acquired or produced. |
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(7) The value of any engineering, development work, art work, design work, plans and sketches necessary for the production of the goods being valued (called in this paragraph the development work), that are supplied, directly or indirectly, by the buyer of the goods must be determined by ascertaining —(a) | where the development work is not generally available to the public and was acquired or leased by the buyer from a person who was not related to the buyer at the time the development work was acquired or leased — the cost of acquisition or of the lease of the development work; | (b) | where the development work is not generally available to the public and was acquired or leased by the buyer from a person related to the buyer at the time the development work was acquired or leased, but who did not produce the development work — the cost of acquisition or of the lease of the development work incurred by the person related to the buyer; | (c) | where the development work is available generally to the public — the cost to the public of obtaining the development work; or | (d) | where the development work was produced by the buyer or a person related to the buyer at the time of production of the plans — the cost of production of the development work. |
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