Committee on Customs Valuation - Notification under article 22 of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 - Questions from the United States to Republic of Moldova regarding document G/VAL/N/1/MDA/4 - Republic of Moldova

NOTIFICATION UNDER ARTICLE 22 OF THE AGREEMENT ON IMPLEMENTATION
OF ARTICLE VII OF THE GENERAL AGREEMENT
ON TARIFFS AND TRADE 1994

Questions from the United States to Republic of Moldova
regarding document 
_G/VAL/N/1/MDA/4

Republic of Moldova

The following communication, dated 30 April 2025, is being circulated at the request of the delegation of the United States.

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The United States would like to thank Moldova for notifying the Customs Code of the Republic of Moldova Law No. 95/20211 that entered into force as of 1 January 2024 in document _G/VAL/N/1/MDA/4. The United States requests a reply in writing to its questions below.

Question 1: Article 5

(a) Is Article 15 (3) of the WTO Customs Valuation Agreement (CVA) regarding "goods of the same class or kind" incorporated in Article 5 of the Customs Code of the Republic of Moldova?

(b) Does the definition of "identical goods" in Article 5(36) of the Customs Code of the Republic of Moldova include "reputation" per the CVA Article 15(2)(a), which defines "identical goods" as "the same in all respects, including physical characteristics, quality and reputation"?

Question 2: Article 72

Does Article 72(3) incorporate the language in CVA Article 1(1)(d) and 1(2) that transaction value may be used to appraise the merchandise if the buyer and seller are related, and certain conditions are satisfied?  If the provisions are included in a separate regulatory measure, please provide a copy of such measure.

Question 3: Article 73

Under Article 73(1), if Moldova Customs has reasonable doubts, may or must Moldova Customs ask for additional information?

Question 4: Article 74

Why are "research costs and preliminary sketches costs" excluded under Article 74(1)(2)(d)?

Question 5: Article 78

Please provide a link and a description of the application process provided for in Article 78.

Question 6: Article 82

Is the unit price under Article 82(3) based on the sale in the greatest aggregate quantity to persons in the country of importation who are not related to the persons from whom they buy such goods?

Question 7: Article 82

Are perishables under Article 82(6) only appraised based on the value based on the unit price at which the imported goods, or identical or similar imported goods, are sold within the customs territory in the greatest aggregate quantity to persons not related to the sellers?

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