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Customs, foreign trade and business disputes: frequently asked questions

Choose a topic or enter a term from your document: ‘request’, ‘KTS’, ‘HS/TN VED code’, ‘claim’, ‘court application’. The answer opens on this page and helps identify which papers to retrieve and whether the company can prepare internally.

Already have the document? Record its exact title and receipt date. Those two details often determine which deadline is already running.

Customs and documents · 10 questions

Customs valuation and value adjustments

If customs rejects the declared price, first identify the document received and its receipt date. Then review the valuation calculation, payments, delivery terms and seller documents.

01Customs rejects the price: where does the dispute begin?

A valuation dispute often starts before a formal adjustment decision. Customs sees the declared price and asks why the goods cost that amount. Questions may concern a discount, freight, an intermediary, third-party payment or a relationship between buyer and seller.

Read the reason for doubt before the attachment list. Put the declaration, contract, invoice, payment and transport documents side by side. If they describe the amount, goods, delivery terms or parties differently, the response should explain the mismatch rather than bury it in a large archive.

Record the request's receipt date and response deadline. Have a lawyer review the documents before submission if customs is already comparing your price with its own data, rejecting a discount or demanding documents the company does not have. The first response becomes part of the record and may later be read with the appeal.

02A valuation request arrived: what should you read first?

On the day the request arrives, save the full document, all attachments and proof of when it appeared in the online account or was served. Calculate the deadline under the applicable procedure, not from when the letter reached accounting or management.

Write down in plain language what customs does not understand: price, discount, payment transfer, delivery or the parties' relationship. Match each question with separate proof. A specification alone does not prove payment; a bank statement does not explain why a discount was granted.

Do not send the entire archive ‘just in case.’ First compare the proposed response with the declaration and earlier correspondence. Legal review is needed before submission where facts conflict, documents are held by the supplier or the request shows customs is preparing its own valuation.

03Which documents actually prove the transaction price?

No single document proves the transaction price. The contract shows the terms, the invoice the amount for the consignment, the payment how much was paid and to whom, and transport documents how the goods moved and which costs relate to import. Correspondence may explain a discount, deferred payment or shipment change.

Check whether the chain can be followed without assumptions: from the goods in the declaration to the invoice line, then to payment and freight costs. Names, numbers, currencies and dates should show that the documents concern the same shipment. If one payment covers several consignments, prepare a clear reconciliation instead of leaving allocation to the inspector.

A quotation or export declaration may help, but does not replace your transaction documents. If a key link is missing or the documents conflict, reconstruct the facts before drafting explanations.

04Paid extra after a KTS adjustment: how can the money be recovered?

An additional payment after a KTS adjustment may be recoverable, but first identify the legal document that created the amount on the customs account. It may be a valuation decision, notice, demand or post-release review result. The challenge route and dates depend on the document.

Collect the disputed decision, declaration, revised payment calculation, proof of payment and proof of receipt date. Check whether an administrative appeal was filed, whether a court deadline is running and how much was actually debited. Without that chronology, a ‘refund overpayment’ request may use the wrong procedure.

Do not postpone review until refund correspondence ends. If the underlying decision has not been challenged or otherwise removed, a refund request alone may not resolve the basis for payment. Legal review is needed where a deadline is running, customs has rejected an appeal, or the amount comprises several adjustments and payments.

05Must all correspondence with the seller be given to customs?

Do not submit every message indiscriminately. The relevant facts are how the price was agreed, why a discount arose, whether quantity or payment terms changed, and who participated in the transaction. Unrelated messages add volume and may create new issues.

First preserve the full correspondence for your own file and arrange it by date. Then compare it with the contract and invoice. If it contains a different price, an undocumented payment or a term absent from the contract, do not extract that fragment and send it without context.

Customs should receive sufficient evidence of the stated facts, not a selectively convenient record. The required scope depends on the request. Obtain legal review if the correspondence discusses cash, intermediaries, set-off or a price change after invoicing.

06What is worse: a low price or documents that do not explain it?

A low price alone does not prove undervaluation. The problem is inability to show how the price arose. A seasonal sale, shipment volume, packaging defect or long supplier relationship explains a discount only if the documents support it, rather than the explanation appearing for the first time in a customs response.

Reconcile the contract, invoice, payments and correspondence. If the figures match but the discount reason is undocumented, obtain confirmation from the seller now. If the papers tell different versions of the transaction, first establish which version matches the facts.

The greater risk is not the low price itself but an explanation that contradicts information already submitted. Seek legal review before responding where customs cites higher prices, related-party issues or a supplier's refusal to provide evidence.

07When should a valuation dispute be prepared for court?

Prepare the record as though a court may later read it from the first substantive response. That does not mean litigation is inevitable. It means one version of the price cannot later be replaced by another without explanation: customs and the court will read the declaration, responses and appeal together.

A separate litigation review is warranted once customs moves beyond questions and rejects the company's documents, proposes another valuation method or issues an additional-assessment decision. By then, the disputed findings, amount, deadlines and evidence for each finding should be clear.

If the first response has already been sent, do not rewrite history. Compare new documents with the earlier position and explain every change. Legal review is especially important before an appeal where the price depends on complex payments, royalties, an intermediary or related companies.

08Can KTS risk be reviewed before the declaration is filed?

Yes. Before filing, many future questions can be identified. Take one shipment and connect the goods, price, currency, payments, transport, insurance and discounts without relying on oral explanations. If the chain is unclear internally, customs is likely to ask questions too.

Obtain missing documents from the seller before shipment, while they are easier to get. Record the basis for any discount, third-party payment mechanism, agent role and separately paid costs. Check that the goods are described consistently in commercial and transport documents.

This review cannot prevent every request. It helps the company answer on the facts without inventing a new transaction story after release. Early legal review is useful where the price is materially below earlier shipments, royalties apply, the buyer supplies free materials or payments pass through several participants.

09What is Method 1 and why may customs reject it?

Method 1 determines customs value from the price actually paid or payable for the imported goods, with the additions required by the valuation rules. In practical terms, the transaction price, the conditions on which it was agreed and any required additions must be identifiable and supportable.

Method 1 is not rejected merely because the price appears low. Disputes usually concern whether the price is documented, required additions can be calculated, a relationship influenced the price, or there are conditions whose value cannot be determined. Customs must identify its doubts, and the declarant has an opportunity to substantiate the declared information.

Place the request, contract, invoice, payments and calculation of included costs together. If customs is moving to another method, obtain legal review: the issue is not only the figure but whether there were grounds to reject the transaction value.

10Where do additional assessments come from, and can the amount increase?

An additional assessment reflects the difference between the declared customs value and the value accepted by customs, with the applicable duties and taxes recalculated for the goods. The same valuation increase can therefore produce different totals for different products or consignments.

To understand the amount, compare the original declaration with customs' calculation line by line. Check the base, rate, currency, exchange rate, quantity and amounts already paid. Separately verify whether penalties are accruing and whether a payment demand states a deadline.

Do not assess risk from an oral message from a customs representative. Obtain the document and calculation. If collection has begun, a payment deadline is approaching or the adjustment affects a series of shipments, review the recurring calculation model, not one declaration in isolation.

If a deadline is already running

Show the document before sending another response

A company can usually start by collecting the contract, declaration, payments and correspondence, arranging them by date and marking inconsistencies. That first pass shows which document belongs to the issue and what is missing.

Legal review is advisable before a new response is sent if it changes an earlier position, customs disputes the price, classification or origin, or a counterparty disputes the debt or performance. To start, provide the document, the date received and the correspondence already sent.

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