4.—(1) In determining the transaction value of goods under regulation 3, the price paid or payable for the goods shall be adjusted in the manner specified in paragraphs (2) and (3).(2) The price paid or payable for the goods shall 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 his agent for the service of representing him overseas 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 imported goods and all expenses of packing incidental to placing the goods in the condition in which they are transported to Singapore; | (c) | the value of any of the following goods and services:(i) | materials, components, parts and other goods incorporated in the imported goods; | (ii) | tools, dies, moulds and other goods utilised in the production of the imported goods; | (iii) | materials consumed in the production of the imported goods; or | (iv) | engineering, development work, art work, design work, plans and sketches undertaken elsewhere than in Singapore and necessary for the production of the imported goods, |
determined in the manner specified in paragraphs (5) to (8), that are supplied, directly or indirectly, by the buyer free of charge or at a reduced cost for use in connection with the production and sale for export of the imported goods, apportioned to the imported goods in a reasonable manner and in accordance with generally accepted accounting principles; |
| (d) | royalties and licence fees, including payments for patents, trademarks and copyrights in respect of the imported goods that the buyer must pay, directly or indirectly, as a condition of the sale of the goods for export to Singapore, exclusive of charges for the right to reproduce the imported goods in Singapore; | (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 seller; and | (f) | the cost of transportation and insurance of, and the loading, unloading, and handling charges, and other charges and expenses associated with the transportation of the imported goods from the country of export to Singapore. |
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(3) After the additions are made in accordance with paragraph (2), the price paid or payable for the goods shall 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 imported; | (b) | any reasonable cost, charge or expense that is incurred in respect of the transportation or insurance of the goods within Singapore and any reasonable cost, charge or expense associated therewith; or | (c) | any customs duties, excise duties or other taxes payable in Singapore by reason of the importation or 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 the goods and services supplied, directly or indirectly, by the buyer of any goods being valued shall be determined in accordance with paragraphs (6), (7) and (8). |
(6) In the case of materials, components, parts and other goods incorporated in the goods being valued or any materials consumed in the production of the goods being valued —(a) | by ascertaining —(i) | their cost of acquisition where they were acquired by the buyer from a person who was not related to him at the time of their acquisition; | (ii) | their cost of acquisition incurred by the person related to the buyer, where the goods were acquired by the buyer from a person who was related to him at the time of their acquisition but who did not produce them; or | (iii) | their cost of production where they were produced by the buyer or a person related to him at the time of their production; and |
| (b) | by adding thereto —(i) | the cost of their transportation to the place of production of the goods being valued; and | (ii) | the value added to them by any repairs or modifications made to them after they were so acquired or produced. |
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(7) In the case of tools, dies, moulds and other goods utilised in the production of the goods being valued —(a) | by ascertaining —(i) | their cost of acquisition where they were acquired by the buyer from a person who was not related to him at the time they were so acquired; | (ii) | their cost of acquisition incurred by the person related to the buyer, where they were acquired by the buyer from a person related to him at the time they were so acquired but who did not produce them; or | (iii) | their cost of production where they were produced by the buyer or a person related to him at the time of their production; |
| (b) | by adding thereto —(i) | the cost of their transportation to the place of production of the goods being valued; and | (ii) | the value added to them by any repairs or modifications made to them after they were so acquired or produced; and |
| (c) | by deducting therefrom an amount to account for any previous use of the goods made after the goods were so acquired or produced. |
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(8) In the case of engineering, development work, art work, design work, plans and sketches, undertaken elsewhere than in Singapore and necessary for the production of the goods being valued, by ascertaining —(a) | their cost of acquisition or of the lease thereof, where they were acquired or leased by the buyer from a person who was not related to him at the time they were so acquired or leased and are not generally available to the public; | (b) | their cost of acquisition or of the lease thereof incurred by the person related to the buyer, where they were acquired or leased by the buyer from a person related to him at the time they were so acquired or leased, but who did not produce them and are not generally available to the public; | (c) | the cost to the public of obtaining them where they are available generally to the public; or | (d) | the cost of production thereof where they were produced by the buyer or a person related to him at the time of their production. |
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