Wacker Werke GmbH and Co KG v Hauptzollamt Munchen-West: ECJ 17 Dec 1992

ECJ Regulation No 2473/86 on outward processing relief arrangements and the standard exchange system is to be interpreted as meaning that, in calculating the total or partial relief from import duty on the compensating products, the calculation of import duty theoretically payable on those products must in principle be based on their transaction value, while the value of the temporary export goods, which is required in order to determine the duty actually payable, must be calculated using one of the two methods set out in the second subparagraph of Article 13(2) of that regulation. If the value of the compensating products has been determined without any adjustment for the purposes of Article 8(1)(b)(i) of Regulation No 1224/80 on the valuation of goods for customs purposes, the value of the temporary export goods corresponds to the difference between the customs value of the compensating products and the processing costs determined by reasonable means, such as taking account of the transaction value of the temporary export goods.

Citations:

[1992] EUECJ C-16/91

Links:

Bailii

Jurisdiction:

European

Commercial

Updated: 01 June 2022; Ref: scu.160632