7.
—(1) Subject to
regulation 3(4) and
(5), where the customs value cannot, in the opinion of the proper officer of customs, be determined under
regulation 6, the customs value of the goods shall be the deductive value in respect of the goods.
(2) Where the goods being valued or identical goods or similar goods are sold in Singapore in the condition in which they were imported at the same or substantially the same time as the time of importation of the goods being valued, the deductive value of the goods being valued shall be the price per unit in respect of sales described in
paragraph (5), determined in accordance with that paragraph and adjusted in accordance with
paragraph (6), at which the greatest number of units of the goods being valued or identical goods or similar goods are so sold.
(3) Where the goods being valued or identical goods or similar goods are sold in Singapore in the condition in which they were imported before the expiration of 90 days after the importation of the goods being valued but are not so sold at the same or substantially the same time as the time of that importation, the deductive value of the goods being valued shall be the price per unit in respect of sales described in
paragraph (5), determined in accordance with that paragraph and adjusted in accordance with
paragraph (6), at which the greatest number of units of the goods being valued or identical goods or similar goods are so sold at the earliest date after the importation of the goods being valued.
(4) Where the goods being valued or identical goods or similar goods are not sold in Singapore in the circumstances described in
paragraph (2) or
(3), but the goods being valued, after being assembled, packaged or further processed in Singapore, are sold in Singapore before the expiration of 90 days after the importation and the importer of the goods being valued requests that this paragraph be applied in the determination of the customs value of those goods, the deductive value of the goods being valued shall be the price per unit, in respect of sales described in
paragraph (5), determined in accordance with that paragraph and adjusted in accordance with
paragraph (6), at which the greatest number of units of the goods being valued are so sold.
(5) For the purposes of
paragraphs (2),
(3) and
(4), the price per unit in respect of any goods being valued or identical goods or similar goods shall be determined by ascertaining the unit price in respect of sales of the goods at the first commercial level after their importation to persons who —
(a)
are not related to the persons from whom they buy the goods at the time the goods are sold to them; and
(b)
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
regulation 4(2)(c),
at which the greatest number of units of the goods is sold where, in the opinion of the proper officer of customs, a sufficient number of such sales have been made to permit a determination of the price per unit of the goods.
(6) For the purposes of
paragraphs (2),
(3) and
(4), the price per unit in respect of any goods being valued or identical goods or similar goods, shall be adjusted by deducting therefrom an amount equal to the aggregate of —
(a)
an amount, determined in the manner specified in
paragraph (8), equal to —
(i)
the amount of commission generally earned on a unit basis; or
(ii)
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 Singapore of goods of the same class or kind as those goods;
(b)
reasonable costs, charges and expenses that are incurred in respect of the transportation and insurance of the goods within Singapore and reasonable costs, charges and expenses associated therewith to the extent that an amount for such costs, charges and expenses is not deducted in respect of general expenses under
sub-paragraph (a);
(c)
any customs duties, excise duties or other taxes payable in Singapore by reason of the importation or sale of the goods, to the extent that an amount for such duties and taxes is not deducted in respect of general expenses under
sub-paragraph (a); and
(d)
where
paragraph (4) applies, the amount of the value added to the goods that is attributable to the assembly, packaging or further processing in Singapore of the goods, if that amount is determined, in the opinion of the proper officer of customs, on the basis of sufficient information.
(7) Where an amount referred to in paragraph (6)(
d) in respect of any goods being valued cannot, in the opinion of the proper officer of customs, be determined on the basis of sufficient information, then the customs value of the goods cannot be determined on the basis of the deductive value under
paragraph (4).
(8) An amount equal to the amount of commission or the amount for profit and general expenses referred to in paragraph (6)(
a) shall be calculated on a percentage basis and determined on the basis of information prepared in a manner consistent with generally accepted accounting principles that is supplied —
(a)
by or on behalf of the importer of the goods being valued; or
(b)
where the information supplied by or on behalf of the importer of the goods being valued is not sufficient information, by an examination of sales in Singapore 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 proper officer of customs, be obtained.