Request for Advance Public Comments on the Proposed Revocation of Headquarters Ruling Letter (“HRL”) 547654 and of Treatment Relating to the Applicability of Transaction Value and Post-Importation Adjustments

Customs and Border Protection (“CBP”) is in the process of re-examining its approach to the applicability of transaction value in the context of post-importation adjustments for “related party” transactions. Specifically, CBP is asking the public to provide comments on the broadening CBP’s interpretation of what constitutes a “formula” for purposes of using transaction value, thereby allowing post-importation adjustments. In order to permit the orderly administration of these upward and downward post-importation adjustments, CBP is considering modifying prior rulings in order to allow the transaction value basis of appraisement in these circumstances, provided that the importers use the reconciliation program for declaring the value of the affected importations.