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J.C. Penny Case

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J.C. Penny (a U.S. retailer) provided Synergy (a Hong Kong corporation with offices in the United States) with specifications for pants that J.C. Penny wished to buy. Synergy arranged to have the China National Textiles Import and Export corporation (Chinatex) manufacture a sample production pant. After seeing the sample, J.C. Penny ordered pants from Synergy at a price of $123.48 per dozen. Synergy contracted with Chinatex to fill the J.C. Penny order and then attempted to enter the merchandise into the United States at $58.00 per dozen, the price Synergy had paid to Chinatex in their arm's length contract. Customs rejected this attempted entry and valued the pants at $123.48 per dozen. (A) In general, what is transaction value and why is it important? Transaction value is essentially the price actually paid or payable for goods imported into a country plus any additional elements which include; a. Packing costs incurred by the buyer b. Selling commissions paid by the buyer c. Value of any assists d. Royalty or license fees the buyer is required to pay as a condition of sale e. Any proceeds of subsequent resale, disposal, or use of goods that accrues to the seller Minus any charges incurred because of the following categories – a. Freight Fees b. Insurance Charges c. Construction and assembly expenses incurred after importation d. Customs duties and federal taxes e. Buying commissions f. Any bona fide finance charges The additional costs are added to the price paid or payable only if it has not been included in the price. Customs and Border Protection (CBP) uses the transaction value and applies the rate of duty and country of origin formula to calculate the customs duty for the goods. If CBP does not have enough information to accurately assess the transaction value, it would move to the second method of valuation – attempt to measure transaction value of identical

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