Export Price means the price of the article exported from the exporting country or territory and in cases where there is no export price or where the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party.
The Export price of the goods allegedly dumped into India means the price at which it is exported to India. It is generally the CIF value minus the adjustments on account of ocean freight, insurance, commission, etc. so as to arrive at the value at ex-factory level.
The export price is defined under explanation (b) of Section 9A(1) of the Customs Tariff Act as under :-
”export price”, in relation to an article, means the price of the article exported from the exporting country or territory and in cases where there is no export price or where the export price is unreliable because of association or a compensatory arrangement between the exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the imported articles are first resold to an independent buyer or if the article is not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as may be determined in accordance with the rules made under sub-section (6).”
To reach the ex-factory export price, the deduction of ocean freight, ocean insurance, port charges and commission paid to the middleman and inland freight and inland insurance, etc. has to be deducted to reach the ex-factory price for export.
Deductions towards freight and insurance etc. required to be made to bring export prices to ex-factory level. Storage expenditure also needs to be deducted. PIG IRON MFRS. ASSCN. Versus DESIGNATED AUTHORITY, MIN. OF COMMERCE [2000 (116) E.L.T. 67 (Tribunal)]
Exporter-company running into losses is immaterial for determination of export price. Discount claimed by Indian importer needs to be considered to arrive at export price. [2006 (194) E.L.T. 161 (Tri. - Del.)] ALKALI MANUFACTURERS ASSOCIATION OF INDIA Versus DESIGNATED AUTHORITY
Handling charge in addition to landing charges not to be allowed while fixing landed value of imported goods. AUTOMOTIVE TYRE MANUFACTURERS ASSOCIATION Versus DESIGNATED AUTHORITY [2000 (122) E.L.T. 412 (Tribunal)]
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