ARTICLE 73: TRANSACTION VALUE OF SIMILAR MERCHANDISE
The value referred to in section Il of article 71 of this Law --209-Art. 71--, it will be the transaction value of merchandise similar to those that are being valued --40-Art. 129--, provided that said merchandise has been sold for export to the national territory and imported at the same time as the latter or at an approximate time --209-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 use the transaction value of similar merchandise sold at a different commercial level or in different quantities --40-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 clearly 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 similar merchandise is available, the lowest transaction value will be used.
When applying the transaction value of similar merchandise --370-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), section I of article 65 of this Law --209-Art. 65--, between imported merchandise and similar merchandise considered, resulting from differences in distance and form of transport.
Similar merchandise are understood as those produced in the same country --40-Art. 130-- that the merchandise being valued, even if they are not equal in everything, have similar characteristics and composition, which allows them to fulfill the same functions and be commercially interchangeable. In order to determine if the merchandise are similar, their quality, commercial prestige and the existence of a trademark must be considered among other factors.
Similar merchandise will not be considered, those that have incorporated or contain, as the case may be, any of the elements mentioned in subparagraph d), section II of article 65 of this Law --209-Art. 65--, for which the aforementioned adjustments have not been made, because such elements have been made in national territory.
The values of similar merchandise of imports for which value modifications have been made by the importer or by the customs authorities shall not be considered, unless such modifications are also included.