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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