Customs and Excise Act 2018

Schedule 4: Valuation of goods for purposes of Tariff

You could also call this:

"How to work out the value of goods brought into New Zealand for tax purposes"

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When you import goods into New Zealand, the Customs value of those goods needs to be determined. The Customs value is the value of the goods when they are imported. You can determine the Customs value using six different methods. The first method is to use the transaction value of the goods, which is the price you paid for the goods when you bought them for export to New Zealand. If you cannot use the transaction value, you can use the transaction value of identical or similar goods that were exported at the same time as your goods. If these methods do not work, you can use other methods like the deductive value, computed value, or residual basis of valuation. The chief executive can help you determine the Customs value if you need assistance. The Customs value is important because it is used to calculate the amount of duty you need to pay on the goods. You can find more information about each method in the different parts of this schedule, such as Part 1 for the transaction value method, Part 2 for the transaction value of identical goods method, and so on.

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4Valuation of goods for purposes of Tariff Empowered by s 101

1Method 1: transaction value

Use of transaction value

4Basis for determining Customs value

The primary basis for determining the Customs value of imported goods is the transaction value of the goods.
Subclause (3) applies if—
the chief executive is of the opinion that the transaction value cannot be used to determine the Customs value of the goods because the requirements of clause 5 are not met; or
the chief executive is of the opinion that an adjustment that is required to be made under clause 7(b), (c), or (d) cannot be made because of a lack of sufficient information; or
the chief executive has reason to doubt the truth or accuracy of the Customs value of the goods as included in their entry.

The chief executive may determine the Customs value of the goods by proceeding sequentially through methods 2 to 6 to the first method under which the Customs value can, in the opinion of the chief executive, be determined.
The chief executive may proceed under subclause (3) in reliance on subclause (2)(c) only if the chief executive has first sought further explanation or other evidence that the Customs value included in the entry represents the total amount actually paid or payable for the imported goods.
If the chief executive proceeds under subclause (3), the chief executive must reverse the order of consideration of methods 4 and 5 if requested by the importer.

Compare

1996 No 27 Schedule 2 cls 2(5), (6), 3(4)

5When transaction value of goods can be used

The transaction value can be used to determine the Customs value of imported goods only if—
there are no restrictions respecting the disposition or use of the goods by the buyer, other than restrictions that—
1. are imposed by law; or
2. limit the geographical area in which the goods may be resold; or
3. do not substantially affect the value of the goods; and
neither the sale of the goods nor the price paid or payable for the goods is subject to some condition or consideration in respect of which a value cannot be determined; and
where any part of the proceeds of any subsequent resale, disposal, or use of the goods by the buyer is to accrue, directly or indirectly, to the seller, the price paid or payable for the goods includes the value of that part of the proceeds or can be adjusted in accordance with clause 7; and
the buyer and seller are not related at the time the goods are sold for export to New Zealand or, if they are related at that time, the importer complies with clause 6 if required by the chief executive to do so.

Compare

1996 No 27 Schedule 2 cl 2(1)

6Sales between related persons

This clause applies to an importer if the chief executive requires the importer to comply with this clause under clause 5(d).
The importer must produce to the chief executive either the evidence referred to in subclause (3) or the evidence referred to in subclause (4).
The evidence to be produced under this subclause is evidence that demonstrates that the relationship between the buyer and the seller did not influence the price paid or payable for the goods, including (without limitation) evidence of—
how the buyer and seller organise their commercial relations; and
how the price paid or payable for the goods was determined.

The evidence to be produced under this subclause is evidence that demonstrates that the transaction value of the goods being valued, taking into consideration any relevant factors and differences (including any prescribed factors and differences), closely approximates the Customs value of other goods exported at the same time, or at substantially the same time, as the goods being valued, being—
the transaction value of identical goods or similar goods that are sold for export to New Zealand where the seller and buyer are not related at the time the goods are sold; or
the deductive value of identical goods or similar goods determined in accordance with Part 4 of this schedule; or
the computed value of identical goods or similar goods determined in accordance with Part 5 of this schedule.

The evidence referred to in subclause (4) may include (without limitation) the following information as relevant:
the nature of the goods being valued:
the nature of the industry that produces the goods being valued:
the season in which the goods being valued are imported:
whether a difference in values is commercially significant:
the trade levels at which the sales take place:
the quantity of the sales:
any of the amounts referred to in clause 7 or 8:
the costs, charges, or expenses that—
1. are incurred by a seller when the seller sells to a buyer to whom the seller is not related; but
2. are not incurred when the seller sells to a buyer to whom the seller is related.

Subclause (7) applies if the chief executive is of the opinion that any evidence produced by the importer under subclause (3) or (4) does not demonstrate the matter that it is required to demonstrate under that subclause.
The chief executive must—
inform the importer, in writing if so requested, of the grounds on which the chief executive formed the opinion; and
give the importer a reasonable opportunity to satisfy the chief executive that the evidence does demonstrate the matter in question.

Compare

1996 No 27 Schedule 2 cl 2(1)(d), (2)–(4)

Calculation

7Calculation of transaction value

The transaction value of imported goods is to be calculated by—
taking the price paid or payable for the goods when sold for export to New Zealand; and
on the basis of sufficient information, adding amounts (to the extent that each amount is not included in the price paid or payable for the goods when sold for export to New Zealand) equal to the following:
1. 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 overseas in respect of the purchase of the goods:
2. 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 shipped to New Zealand:
3. the value of the following goods and services, determined in accordance with clause 8, where they have been 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:
  1. materials, component parts, and other goods incorporated in the imported goods:
  2. tools, dies, moulds, and other goods utilised in the production of the imported goods:
  3. materials consumed in the production of the imported goods:
  4. engineering, development work, artwork, design work, plans, and sketches undertaken elsewhere than in New Zealand and necessary for the production of the imported goods:
4. 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 New Zealand, exclusive of charges for the right to reproduce the imported goods in New Zealand:
5. 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:
6. the value of any materials, component parts, and other goods incorporated in the imported goods for the purpose of repair to, or refurbishment of, those goods prior to export of the goods to New Zealand, and the price paid for the service of repair or refurbishment, as the case may be:
7. the costs 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 until the goods have left the country of export if those costs, charges, and expenses are paid or payable by the buyer, directly or indirectly, to or for the benefit of the seller as a condition of the transaction; and
on the basis of sufficient information, deducting amounts (to the extent that each amount is included in the price paid or payable for the goods when sold for export to New Zealand) equal to the following:
1. the costs 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 time the goods have left the country of export, other than any cost, charge, or expense referred to in subparagraph (ii)(B):
2. any of the following costs, charges, or expenses if the cost, charge, or expense is identified separately from the balance of the price paid or payable for the goods when sold for export to New Zealand:
  1. 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:
  2. any reasonable cost, charge, or expense that is incurred in respect of or in association with the transportation or insurance of the goods within New Zealand:
  3. any Customs duties or other taxes payable in New Zealand in relation to the importation or sale of the goods; and
in respect of carrier media bearing data or instructions, deducting the value of the data or instructions if—
1. the value of the data or instructions is distinguished from the cost or value of the carrier media; and
2. the data or instructions are not incorporated in data processing equipment.

Compare

1996 No 27 Schedule 2 cl 3(1)

8Calculation of transaction value: value of goods and services supplied by buyer

The value of the goods and services described in clause 7(b)(iii) must be—
determined in accordance with this clause; and
apportioned to the imported goods—
1. in a reasonable manner; and
2. in accordance with generally accepted accounting principles.

The value of materials, component parts, and other goods incorporated in the goods being valued or any materials consumed in the production of the goods being valued must be determined by adding—
their cost of acquisition or production, being—
1. their cost of acquisition where they were acquired by the buyer from a person who was not related to the buyer at the time of their acquisition; or
2. their cost of acquisition incurred by the person related to the buyer, where they 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 them; or
3. their cost of production where they were produced by the buyer or a person related to the buyer at the time of their production; and
the cost of their transportation to the place of production of the goods being valued; and
the value added to them by any repairs or modifications made to them after they were so acquired or produced.

The value of tools, dies, moulds, and other goods utilised in the production of the goods being valued must be determined—
by adding—
1. their cost of acquisition or production, being—
  1. their cost of acquisition where they were acquired by the buyer from a person who was not related to the buyer at the time they were so acquired; or
  2. their cost of acquisition incurred by the person related to the buyer, where they were acquired by the buyer from a person who was related to the buyer at the time they were so acquired but who did not produce them; or
  3. their cost of production where they were produced by the buyer or a person related to the buyer at the time of their production; and
2. the cost of their transportation to the place of production of the goods being valued; and
3. the value added to them by any repairs or modifications made to them after they were so acquired or produced; and
by deducting an amount to account for any previous use of the goods made after the goods were so acquired or produced.

The value of engineering, development work, artwork, design work, plans, and sketches, which were undertaken elsewhere than in New Zealand and were necessary for the production of the goods being valued, must be determined by ascertaining—
the cost of acquiring or leasing those goods and services, where they—
1. were acquired or leased by the buyer from a person who was not related at the time to the buyer; and
2. are not generally available to the public; or
the cost of acquiring or leasing those goods and services by the person related to the buyer, where they—
1. were acquired or leased by the buyer from a person who was related at the time to the buyer, but who did not produce them; and
2. are not generally available to the public; or
the cost to the public of obtaining those goods and services where they are available generally to the public; or
where those goods and services were produced by the buyer or a person related to the buyer at the time of their production, the cost of production.

Compare

1996 No 27 Schedule 2 cl 3(1)(a)(iii), (2)

2Method 2: transaction value of identical goods

9Transaction value of identical goods

If, in the opinion of the chief executive, the Customs value of the goods being valued cannot be determined under Part 1 of this schedule, the Customs value may be determined by—
taking the transaction value of identical goods that were—
1. exported at the same, or substantially the same, time as the goods being valued; and
2. sold for export to New Zealand—
  1. to a buyer at the same, or substantially the same, trade level as the buyer of the goods being valued; and
  2. in the same, or substantially the same, quantities as the goods being valued; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences between the following that are attributable to differences in distances and modes of transport:
1. the costs, charges, and expenses referred to in clause 7(b)(vii) in respect of the identical goods; and
2. those costs, charges, and expenses in respect of the goods being valued.

If there are 2 or more transaction values of identical goods that meet all the requirements set out in subclause (1)(a), the Customs value of the goods being valued must be determined on the basis of the lowest such transaction value (determined after the transaction values have been adjusted under subclause (1)(b)).

Compare

1996 No 27 Schedule 2 cl 4(1), (3)(a), (4)

10Transaction value of identical goods not sold at same trade level or quantity

If the Customs value of the goods being valued cannot be determined under clause 9 because identical goods were not sold under the conditions described in clause 9(1)(a)(ii), the Customs value may be determined by—
taking the transaction value of identical goods that were—
1. exported at the same, or substantially the same, time as the goods being valued; and
2. sold for export to New Zealand—
  1. to a buyer at the same, or substantially the same, trade level as the buyer of the goods being valued but in quantities different from the quantities in which those goods were sold; or
  2. to a buyer at a trade level different from that of the buyer of the goods being valued but in the same, or substantially the same, quantities as the quantities in which those goods were sold; or
  3. to a buyer at a trade level different from that of the buyer of the goods being valued and in quantities different from the quantities in which those goods were sold; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences between the following that are attributable to differences in distances and modes of transport:
1. the costs, charges, and expenses referred to in clause 7(b)(vii) in respect of the identical goods; and
2. those costs, charges, and expenses in respect of the goods being valued; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences—
1. in the trade levels of the buyers of the identical goods and the goods being valued; and
2. in the quantities in which the identical goods and the goods being valued were sold.

If there are 2 or more transaction values of identical goods that meet all the requirements set out in subclause (1)(a), the Customs value of the goods being valued must be determined on the basis of the lowest such transaction value (determined after the transaction values have been adjusted under subclause (1)(b) and (c)).

Compare

1996 No 27 Schedule 2 cl 4(2)–(4)

3Method 3: transaction value of similar goods

11Transaction value of similar goods

If, in the opinion of the chief executive, the Customs value of the goods being valued cannot be determined under Parts 1 and 2 of this schedule, the Customs value may be determined by—
taking the transaction value of similar goods that were—
1. exported at the same, or substantially the same, time as the goods being valued; and
2. sold for export to New Zealand—
  1. to a buyer at the same, or substantially the same, trade level as the buyer of the goods being valued; and
  2. in the same, or substantially the same, quantities as the goods being valued; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences between the following that are attributable to differences in distances and modes of transport:
1. the costs, charges, and expenses referred to in clause 7(b)(vii) in respect of the similar goods; and
2. those costs, charges, and expenses in respect of the goods being valued.

If there are 2 or more transaction values of similar goods that meet all the requirements set out in subclause (1)(a), the Customs value of the goods being valued must be determined on the basis of the lowest such transaction value (determined after the transaction values have been adjusted under subclause (1)(b)).

Compare

1996 No 27 Schedule 2 cl 5(1)

12Transaction value of similar goods not sold at same trade level or quantity

If the Customs value of the goods being valued cannot be determined under clause 11 because similar goods were not sold under the conditions described in clause 11(1)(a)(ii), the Customs value may be determined by—
taking the transaction value of similar goods that were—
1. exported at the same, or substantially the same, time as the goods being valued; and
2. sold for export to New Zealand—
  1. to a buyer at the same, or substantially the same, trade level as the buyer of the goods being valued but in quantities different from the quantities in which those goods were sold; or
  2. to a buyer at a trade level different from that of the buyer of the goods being valued but in the same, or substantially the same, quantities as the quantities in which those goods were sold; or
  3. to a buyer at a trade level different from that of the buyer of the goods being valued and in quantities different from the quantities in which those goods were sold; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences between the following that are attributable to differences in distances and modes of transport:
1. the costs, charges, and expenses referred to in clause 7(b)(vii) in respect of the similar goods; and
2. those costs, charges, and expenses in respect of the goods being valued; and
on the basis of sufficient information, adding or deducting amounts to account for commercially significant differences—
1. in the trade levels of the buyers of the similar goods and the goods being valued; and
2. in the quantities in which the similar goods and the goods being valued were sold.

If there are 2 or more transaction values of similar goods that meet all the requirements set out in subclause (1)(a), the Customs value of the goods being valued must be determined on the basis of the lowest such transaction value (determined after the transaction values have been adjusted under subclause (1)(b) and (c)).

Compare

1996 No 27 Schedule 2 cl 5(2)

4Method 4: deductive value

13Definitions for Part

In this Part,—
comparable goods means the goods being valued, identical goods, or similar goods
greatest number of units means the greatest number of units of the goods where, in the opinion of the chief executive, a sufficient number of sales have been made to allow the price per unit of the goods sold to be determined.

Compare

1996 No 27 Schedule 2 cl 6(2)–(5)

14Deductive value as Customs value

If, in the opinion of the chief executive, the Customs value of the goods being valued cannot be determined under Parts 1 to 3 of this schedule, the Customs value is to be the deductive value of the goods.
The deductive value of the goods being valued is the price per unit determined in accordance with clause 15, 16, or 17 and adjusted in accordance with clause 18.

Compare

1996 No 27 Schedule 2 cl 6(1)

15Price per unit: comparable goods sold in imported condition at time of importation of goods being valued

This clause applies if comparable goods are sold in New Zealand—
in the condition in which they were imported; and
at the same, or substantially the same, time as the time of importation of the goods being valued.

The price per unit is the unit price—
in respect of sales of comparable goods sold as referred to in subclause (1) at the first trade level after their importation to persons who—
1. are not related to the persons from whom they buy the goods at the time the goods are sold to them; and
2. have not supplied, directly or indirectly, free of charge or at a reduced cost for use in connection with the production and sale for export of the goods, any of the goods or services referred to in clause 7(b)(iii); and
at which the greatest number of units of comparable goods are so sold.

Compare

1996 No 27 Schedule 2 cl 6(2), (5)

16Price per unit: comparable goods sold in imported condition within 90 days after importation of goods being valued

This clause applies if—
clause 15 does not apply; and
comparable goods are sold in New Zealand—
1. in the condition in which they were imported; and
2. within 90 days after the importation of the goods being valued.

The price per unit is the unit price—
in respect of sales of comparable goods sold as referred to in subclause (1)(b) at the first trade level after their importation to persons who—
1. are not related to the persons from whom they buy the goods at the time the goods are sold to them; and
2. have not supplied, directly or indirectly, free of charge or at a reduced cost for use in connection with the production and sale for export of the goods, any of the goods or services referred to in clause 7(b)(iii); and
at which the greatest number of units of comparable goods are so sold at the earliest date after the importation of the goods being valued.

Compare

1996 No 27 Schedule 2 cl 6(3), (5)

17Price per unit: comparable goods sold in altered condition within 90 days after importation of goods being valued

This clause applies if—
neither clause 15 nor clause 16 applies; but
comparable goods are sold in New Zealand within 90 days after the importation of the goods being valued after being assembled, packaged, or further processed in New Zealand; and
the importer requests that the goods being valued be valued in accordance with this clause.

The price per unit is the unit price—
in respect of sales of comparable goods sold as referred to in subclause (1)(b) at the first trade level after their importation to persons who—
1. are not related to the persons from whom they buy the goods at the time the goods are sold to them; and
2. have not supplied, directly or indirectly, free of charge or at a reduced cost for use in connection with the production and sale for export of the goods, any of the goods or services referred to in clause 7(b)(iii); and
at which the greatest number of units of comparable goods are so sold at the earliest date after the importation of the goods being valued.

Compare

1996 No 27 Schedule 2 cl 6(4), (5)

18Adjustments

The price per unit determined in accordance with clause 15, 16, or 17 must be adjusted by deducting, on the basis of sufficient information, an amount equal to the sum of—
either—
1. the amount of commission generally earned on a unit basis in connection with sales in New Zealand of goods of the same class or kind as the comparable goods; or
2. the amount for profit and general expenses (including all costs of marketing the goods) considered together as a whole, that is generally reflected on a unit basis in connection with sales in New Zealand of goods of the same class or kind as the comparable goods; and
the following amounts, to the extent that they are not reflected in the general expenses provided for in paragraph (a)(ii):
1. reasonable transport, insurance, and associated costs, charges, and expenses that are incurred in respect of the comparable goods while they are in New Zealand:
2. the costs, charges, and expenses referred to in clause 7(c)(i) incurred in respect of the comparable goods:
3. any Customs duties or other taxes payable in New Zealand as a result of the importation or sale of the comparable goods; and
if clause 17 applies, the value added to the comparable goods that is attributable to the assembly, packaging, or further processing in New Zealand.

The amount considered to be equal to the amount of commission or the amount for profit and general expenses referred to in subclause (1)(a) must be—
calculated on a percentage basis; and
determined on the basis of information that is prepared in a manner consistent with generally accepted accounting principles and—
1. that is supplied by or on behalf of the importer; or
2. if the information supplied by or on behalf of the importer is not sufficient information, that is obtained from an examination of sales in New Zealand of the narrowest group or range of goods of the same class or kind as the goods being valued from which sufficient information can, in the opinion of the chief executive, be obtained.

Compare

1996 No 27 Schedule 2 cl 6(6)–(8)

5Method 5: computed value

19Computed value as Customs value

If, in the opinion of the chief executive, the Customs value of the goods being valued cannot be determined under Parts 1 to 4 of this schedule, the Customs value is to be the computed value of the goods.

Compare

1996 No 27 Schedule 2 cl 7(1)

20Computed value

The computed value of the goods being valued is the aggregate of—
amounts—
1. equal to the costs, charges, and expenses incurred in respect of, or the value of, the production or other processing of, and the materials employed in producing, the goods; and
2. determined on the basis of the commercial accounts of the producer of the goods, or other sufficient information, that are supplied by or on behalf of the producer and prepared in a manner consistent with the generally accepted accounting principles of the country of production of the goods; and
the amount, determined in accordance with subclause (3), of profit and general expenses, considered together as a whole, generally reflected in sales for export to New Zealand of goods of the same class or kind as the goods being valued, made by the producers of the goods to buyers in New Zealand who are not related to the producers from whom they buy the goods at the time the goods are sold to them.

The costs, charges, and expenses referred to in subclause (1)(a) include (without limitation) the following:
the costs, charges, and expenses referred to in clause 7(b)(ii):
the value of any of the goods and services referred to in clause 7(b)(iii) and (vi), determined and apportioned to the goods being valued as referred to in clause 8 as relevant, whether or not such goods and services have been supplied free of charge or at a reduced cost:
the costs, charges, and expenses incurred by the producer in respect of engineering, development work, artwork, design work, plans, or sketches undertaken in New Zealand that were supplied, directly or indirectly, by the buyer of the goods being valued for use in connection with the production and sale for export of those goods to the extent that such elements are charged to the producer of the goods, apportioned to the goods being valued as referred to in clause 8.

The amount of profit and general expenses referred to in subclause (1)(b) must be calculated on a percentage basis and determined on the basis of information—
prepared in a manner consistent with generally accepted accounting principles of the country of production of the goods being valued; and
supplied—
1. by or on behalf of the producer of the goods being valued; or
2. where the information supplied by or on behalf of the producer of the goods being valued is not sufficient information, by an examination of sales for export to New Zealand of the narrowest group or range of goods of the same class or kind from which sufficient information can, in the opinion of the chief executive, be obtained.

In this clause, general expenses means the direct and indirect costs, charges, and expenses of producing and selling goods for export, other than the costs, charges, and expenses referred to in subclause (1)(a).

Compare

1996 No 27 Schedule 2 cl 7(2)–(4)

6Method 6: residual basis of valuation

21Residual basis of valuation

If the Customs value of the goods being valued cannot, in the opinion of the chief executive, be determined under Parts 1 to 5 of this schedule, it is to be determined, using information available in New Zealand, on the basis of a value derived from the methods of valuation set out in Parts 1 to 5 interpreted in a flexible manner and reasonably adjusted to the extent necessary to arrive at a Customs value of the goods.
However, the Customs value of the goods may not be determined on the basis of—
the selling price in New Zealand of goods produced in New Zealand; or
a basis which provides for the acceptance of the higher of 2 alternative values; or
the price of goods on the domestic market of the country of exportation; or
the cost of production, other than computed values that have been determined for identical or similar goods in accordance with clause 20; or
the price of goods for export to a country other than New Zealand, unless the goods were imported into New Zealand; or
minimum customs values; or
to avoid doubt, arbitrary or fictitious values.

Compare

1996 No 27 Schedule 2 cl 8

1International agreement

This schedule gives effect to Articles 1 to 8 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994.

2Definitions for schedule

In this schedule,—
carrier media does not include integrated circuits, semi-conductors, and similar devices, or articles incorporating such circuits or devices
country of export means—
1. the country from which the goods are shipped directly to New Zealand; or
2. the country from which the goods are treated as being shipped under this Act
data or instructions does not include sound, cinematic, or video recordings
goods of the same class or kind means imported goods that—
1. are within a group or range of imported goods produced by a particular industry or industry sector that includes identical goods or similar goods in relation to the goods being valued; and
2. for the purposes of—
  1. Part 4 of this schedule, were exported from any country; and
  2. Part 5 of this schedule, were produced in and exported from the country in and from which the goods being valued were produced and exported
identical goods—
1. means imported goods that—
  1. are the same in all respects as the goods being valued, including in respect of physical characteristics, quality, and reputation, except for minor differences in appearance that do not affect the value of the goods; and
  2. were produced in the same country as the goods being valued; and
  3. were produced by or on behalf of the person who produced the goods being valued; but
2. does not include goods in relation to which engineering, development work, artwork, design work, plans, or sketches were undertaken in New Zealand and supplied (directly or indirectly) by the buyer of the goods free of charge, or at a reduced cost, for use in connection with the production and sale for export of those goods
price paid or payable, in relation to any goods, means the aggregate of all amounts paid or payable by the buyer to or for the benefit of the seller in respect of the goods
produce includes to grow, manufacture, or mine
similar goods—
1. means imported goods that—
  1. closely resemble the goods being valued in respect of component materials and parts and characteristics and are functionally and commercially interchangeable with the goods being valued having regard to the quality and reputation of the goods and the goods being valued; and
  2. were produced in the same country as the goods being valued; and
  3. were produced by or on behalf of the person who produced the goods being valued; but
2. does not include goods in relation to which engineering, development work, artwork, design work, plans, or sketches were undertaken in New Zealand and supplied (directly or indirectly) by the buyer of the goods free of charge, or at a reduced cost, for use in connection with the production and sale for export of those goods
sold for export to New Zealand means the last sale of the goods occurring prior to the importation of the goods into New Zealand
sufficient information, in respect of the determination of any amount, difference, or adjustment, means objective and quantifiable information that clearly establishes the accuracy of the amount, difference, or adjustment.
For the purposes of this schedule,—
persons are related if—
1. they are officers or directors of one another’s business; or
2. they are legally recognised partners in business; or
3. they are employer and employee; or
4. any person directly or indirectly owns, controls, or holds 5% or more of the outstanding voting stock or shares of both of them; or
5. one of them directly or indirectly controls the other; or
6. both of them are directly or indirectly controlled by a third person; or
7. together they directly or indirectly control a third person; or
8. they are members of the same family; and
persons are members of the same family if—
1. they are connected by a blood relationship within the fourth degree of relationship; or
2. they are married to, or in a civil union or a de facto relationship with, one another; or
3. one of them is married to, or in a civil union or a de facto relationship with, a person who is within the fourth degree of relationship to the other; or
4. one has been adopted as the child of—
  1. the other; or
  2. a person who is within the third degree of relationship to the other.

For the purposes of this schedule, where there are no goods that were produced by or on behalf of the person who produced the goods being valued and that are otherwise identical goods or similar goods, goods that were produced by or on behalf of a different person and that are otherwise identical goods or similar goods are treated as identical goods or similar goods, as the case may be.

Compare

1996 No 27 Schedule 2 cls 1(1)–(4), 3(3)

3When interest not to be regarded as part of Customs value

For the purposes of this schedule, interest charged under a financing arrangement entered into by the buyer and relating to the purchase of imported goods is not to be regarded as part of the Customs value if—
the charges are distinguished from the price actually paid or payable for the goods; and
the goods are actually sold at the price declared as the price actually paid or payable; and
the buyer (if required) can demonstrate that—
1. the financing arrangement was made in writing; and
2. the claimed interest rate does not exceed the prevailing level for similar transactions in the country where, and at the time when, the finance was provided.

Compare

1996 No 27 Schedule 2 cl 1(5)