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ARTICLE · 01 JUNE 2023

CBSA Proposes "Last Sale" Rule For Customs Valuation

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The Canada Border Services Agency is proposing to fundamentally change Canadian customs valuation rules in draft amendments to the Valuation for Duty Regulations, (SOR/86-792) published on May 27, 2023.

CanadaInternational Law
Jessica Horwitz
Jessica Horwitz
Sabrina Bandali
Sabrina Bandali
George Reid
George Reid
Ethan Gordon
Ethan Gordon
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The Canada Border Services Agency (CBSA) is proposing to fundamentally change Canadian customs valuation rules in draft amendments to the Valuation for Duty Regulations, (SOR/86-792) (VFD Regulations) published on May 27, 2023. The stated purpose of the draft amendments targets the valuation of goods by non-resident importers (NRIs) by valuing goods based on the "last sale" in a series of transactions resulting in the importation of goods into Canada, but as drafted, the amendments will also affect Canadian resident importers.

The draft amendments, if adopted in their current form, will cause an increase in declared values for duty and consequently amounts of customs duties and GST payable when goods are imported into Canada. If the importer-resident or non-resident-has agreed, prior to importation, to sell the goods to a customer in Canada, the importer must use its selling price rather than its purchase price as the basis for the value for duty. The amendments

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