ARTICLE 72: TRANSACTION VALUE OF IDENTICAL MERCHANDISE

The value referred to in section I of article 71 of this Law (LA: Art. 71), will be the transaction value of the merchandise identical to those that are subject to valuation (RLA: Art. 129), provided that said merchandise has been sold for export to national territory and imported at the same time as the latter or at an approximate time (LA: Art. 76), sold at the same commercial level and in similar quantities as the merchandise being valued.

When there is no sale under such conditions, it will be used the transaction value of identical merchandise sold at a different commercial level or in different quantities (RLA: Art. 129), adjusted, to take into account the differences attributable to the commercial level or quantity, provided that these adjustments are made on the basis of proven data that demonstrate that they are reasonable and accurate, whether they involve an increase or a decrease of value.

If, when applying the provisions of this article, more than one transaction value of identical merchandise is available, the lowest transaction value will be used.

When applying the transaction value of identical merchandise (RGCE 2022: Apendice 11) to which they are subject to valuation, an adjustment must be made to said value, to take into account the appreciable differences in costs and expenses referred to in the subsection d) of section I of article 65 of this Law (LA: Art. 65), between the imported merchandise and the identical merchandise considered, resulting from differences in distance and form of transport.

Identical merchandise are understood as those produced in the same country (RLA: Art. 130) that the merchandise being valued, that are equal in everything, including their physical characteristics, quality, brand and commercial prestige. Small differences in appearance will not prevent merchandise from being considered as identical in everything else in accordance with this paragraph.

Identical merchandise will not be considered, those that have incorporated or contain, as the case may be, any of the elements mentioned in subparagraph d) of section II of article 65 of this Law (LA: Art. 65), for which the aforementioned adjustments have not been made, because such elements have been made in national territory.

The values of identical merchandise of imports for which value changes have been made by the importer or customs authorities shall not be considered, unless such modifications are also included.