. /.WORLD TRADE
ORGANIZATIONG/VAL/N/1/IND/3
15 July 2002
(02-3916)
Committee on Customs Valuation Original:  English
NOTIFICATIONS UNDER ARTICLE 22 OF THE AGREEMENT ON
IMPLEMENTATION OF ARTICLE VII OF THE GENERAL
AGREEMENT ON TARIFFS AND TRADE 1994
INDIA
The following communication, dated 10 July 2002, has been received from the Permanent
Mission India.
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Please find enclosed herewith the full text1 of India's Gazette Notification dated
7th September 2001, containing certain amendments to the Customs Valuation (Determination of Price
of Imported Goods) Rules 1988.  It is requested that this notification may please be brought  to the
notice of the Members in accordance with Article 22 of the WTO Agreement on Implementation of
Article VII of the GATT 1994.
                                                     
1 In English only.G/VAL/N/1/IND/3
Page 2
TO BE PUBLISHED IN PART-II, SECTION 3, SUB- SECTION(1) OF THE
GAZETTE OF INDIA, EXTRAORDINARY DATED THE 7th  SEPTEMBER, 2001
16 BHADRAPADA 1923(SAKA)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
…………
New Delhi, the 07th September, 2001
16 Bhadrapada 1923 (Saka)
NOTIFICATION
NO. 41/2001-NT-CUSTOMS
GSR No.652- In exercise of powers conferred by  section 156 of the Customs Act, 1962 (52 of
1962), the Central Government hereby makes the following rules further to amend the Customs
Valuation (Determination of Price of Imported Goods) Rules, 1988, namely:-
1. (1) These rules may be called the Customs Valuation (Determination of Price of
Imported Goods) Amendment Rules, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988,
(i). for rule 3, the following ru le shall be substituted, namely:
"(3) Determination of the method of valuation.– For the purposes of these rules,
(i) subject to rules 9 and 10A, the value of imported goods shall be the
transaction value;
(ii) if the value cannot be determined under the provisions of clause (i),the value shall be determined by proceeding sequentially through rules 5 to 8
of these rules".
(ii) in the proviso to sub-rule (2) of rule 4, clauses (a), (b), (c) and (d) shall be
respectively renumbered as clauses (e), (f), (g) and (h) thereof and before clause (e)so re-numbered, the following clauses shall be inserted, namely:
(a) the sale is in the ordinary course of trade under fully competitive conditions;(b) the sale does not involve any abnormal discount or reduction from the
ordinary competitive price;
(c) the sale does not involve special discounts limited to exclusive agents;G/VAL/N/1/IND/3
Page 3
(d) objective and quantifiable data exist with regard to the adjustments required
to be made, under the provisions of rule 9, to the transaction value.”
Sd/-
(R.PRASAD)
UNDER SECRETARY TO THE GOVERNMENT OF INDIA
F. No 467/24/2000-Cus VNote- The Principal rules were published in the Gazette of India vide notification No.51/88-
Cus.(N.T), dated 18
th July 1988 [GSR 800 (E), dated:18.7.88] and subsequently amended by
notifications:
(1) No.53/88-Cus(N.T), dated 10.08.1988; GSR 851 (E), dated 10.8.98
(2) No.71/88-Cus (N.T), dated 19.12.1989’ GSR 1055 (E), dated 19.12.89
(3) No.39/90-Cus (N.T) dated 05.07.1990; GSR 619 (E), dated 5.7.90
(4) No.44/90-Cus (N.T) dated 03.08.1990; GSR 695 (E), dated 3.8.90(5) No.67/91-Cus (N.T) dated 01.10.1991; GSR 612 (E), dated 1.10.91
(6) No.26/95-Cus (N.T) dated 24.04.1995; GSR 358 (E) dated 24.4.95 and
(7) No.10/98-Cus (N.T) dated 19.02.1998; GSR 77 (E), dated 19.2.98
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