Sequential customs valuation restricts residual methods, while related-party imports can justify rejecting declared transaction values and combined penalties.
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....Related-party imports may justify reasonable doubt about declared transaction values under Rule 10A, supporting rejection of those values even without sufficient proof of cash payment of differential amounts. After rejection, customs valuation methods must be applied sequentially, ruling out each preceding method before using the next, with the applicable rule identified for each good and Bill of Entry. Recovered genuine invoices may support re-determination for specified goods, but residual valuation cannot rely on available contemporaneous imports or sales, impermissible domestic or foreign prices, or arbitrary average loading. Penalties under sections 112 and 114A are mutually exclusive and cannot be combined.....
TaxTMI