ECJ The increase provided for in Article 1(3) of Regulation No 738/92 imposing a definitive anti-dumping duty on imports of cotton yarn originating in Brazil and Turkey must be applied whenever it is agreed that imported goods are to be paid for more than 30 days after their arrival in the customs territory of the Community, even where the difference between the price for deferred payment and that for immediate payment is greater, in percentage terms, than the increase to be applied.
That increase is intended to offset, automatically and at a standard rate, the commercial advantage which can result from deferred payment terms for goods, in order to prevent a form of credit dumping.
Such an increase must be applied to the price actually paid or payable for the goods when they are sold for export to the customs territory of the Community, excluding charges for interest as consideration for the deferred payment terms granted, provided that those terms are the subject of a `financing arrangement’ within the meaning of Article 3(2) of Regulation No 1495/80, and that the level of charges reflects prevailing interest rates.
The free-at-Community-frontier price, to which the anti-dumping duty is applied, corresponds to the customs value of the imported goods, as defined by Article 3(1) of Regulation No 1224/80 on the valuation of goods for customs purposes, namely the price actually paid or payable for the goods when sold for export to the customs territory of the Community.
Under Article 3(2) of Regulation No 1495/80 implementing certain provisions of Articles 1, 3 and 8 of Regulation No 1224/80, charges for interest due under a financing arrangement entered into by the buyer and relating to the purchase of imported goods are not to be included in the customs value determined in that way, provided that those charges are distinguished from the price actually paid or payable for the goods, that the financing arrangement has been made in writing and that the buyer can demonstrate not only that such goods are actually sold at the price declared as the price actually paid or payable, but also that the claimed rate of interest does not exceed the level for such transactions prevailing in the country where, and at the time when, the finance was provided.
Judges:
G.F. Mancini, P
Citations:
C-93/96, [1997] EUECJ C-93/96
Links:
Statutes:
Jurisdiction:
European
Customs and Excise
Updated: 03 June 2022; Ref: scu.161812