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Customs duty refunds allowed on post-Import Transfer Pricing Adjustments

  • Customs Duty Refund Eligibility: U.S. Customs and Border Protection (CBP) has clarified that companies can claim customs duty refunds if the value of imported goods is adjusted downward post-importation due to transfer pricing changes.
  • Requirements for Refunds: To qualify for these refunds, companies must have a written transfer pricing policy in place before importation, reflect adjustments in their income tax returns, and maintain detailed accounting records to support the price changes.
  • Impact on Importers: This landmark decision is significant for international trade, allowing for potential refunds on excess duties paid, though it also means that companies may face additional duties if prices are revised upward.

Source Vikash Agarwal

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