(a) deductible financing costs in relation to the goods;
(b) any costs that the Collector is satisfied:
(i) are payable for the assembly, erection, construction or maintenance of, or any technical assistance in respect of, the goods;
(ii) are incurred after importation of the goods into Australia; and
(iii) are capable of being accurately quantified by reference to the import sales transaction relating to the goods;
(c) Australian inland freight and Australian inland insurance in relation to the goods;
(d) deductible administrative costs in relation to the goods;
(e) overseas freight and overseas insurance in relation to the goods.
161A Identical goods value
(1) The identical goods value of imported goods is their value calculated as if the value of each of their units were:
(a) the unit price of comparable identical goods; or
(b) if, because 2 or more lots of goods are treated as comparable identical goods, there are 2 or more such unit prices—the lower or lowest of those unit prices.
(2) In this section:
comparable identical goods, in relation to imported goods, means identical goods that a Collector is satisfied:
(a) were exported to Australia about the same time as the imported goods; and
(b) either:
(i) were sold in the same, or substantially the same, quantities, as the imported goods in an import sales transaction at the same trade level as the import sales transaction of the imported goods; or
(ii) are of a kind that reasonable inquiry by the Collector has not shown to be so sold.
unit price, in relation to comparable identical goods, means their transaction value:
(a) adjusted to such extent as a Collector considers necessary so that that value is what it would have been if:
(i) their foreign inland freight and foreign inland insurance had been what that freight and insurance would have been if the goods had been transported, and only transported, over the distances over which, and in the modes in which, the imported goods with which they are comparable identical goods were transported;
(ii) the trade levels of the import sales transactions of the comparable identical goods had been those of the import sales transaction of the imported goods; and
(iii) the comparable identical goods had been sold in their import sales transactions in the quantity in which the imported goods were sold in their import sales transaction; and
(b) divided by the number of units of the comparable identical goods.
161B Similar goods value
(1) The similar goods value of imported goods is their value calculated as if the value of each of their units were:
(a) the unit price of comparable similar goods; or
(b) if, because 2 or more lots of goods are treated as comparable similar goods, there are 2 or more such unit prices—the lower or lowest of those unit prices.
(2) In this section:
comparable similar goods, in relation to imported goods, means similar goods that a Collector is satisfied:
(a) were exported to Australia about the same time as the imported goods; and
(b) either:
(i) were sold in the same, or substantially the same, quantities, as the imported goods in an import sales transaction at the same trade level as the import sales transaction of the imported goods; or
(ii) are of a kind that reasonable inquiry by the Collector has not shown to be so sold.
unit price, in relation to comparable similar goods, means their transaction value:
(a) adjusted to such extent as a Collector considers necessary so that that value is what it would have been if:
(i) their foreign inland freight and foreign inland insurance had been what that freight and insurance would have been if the goods had been transported, and only transported, over the distances over which, and in the modes in which, the imported goods with which they are comparable similar goods were transported;
(ii) the trade levels of the import sales transactions of the comparable similar goods had been those of the import sales transaction of the imported goods; and
(iii) the comparable similar goods had been sold in their import sales transactions in the quantity in which the imported goods were sold in their import sales transaction; and
(b) divided by the number of units of the comparable similar goods.
161C Deductive (contemporary sales) value
(1) The deductive (contemporary sales) value of imported goods is their value calculated as if the value of each of their units were the unit price of comparable goods sold in the reference sale or sales.
(2) In this section:
contemporary sale, in relation to comparable goods comparable with imported goods, means a sale known to a Collector of the comparable goods in Australia in the condition in which they were imported, being a sale:
(a) at about the same time as the time of importation of the imported goods;
(b) at the first trade level at which the comparable goods were sold after their importation;
(c) in circumstances where, in the opinion of the Collector, the purchaser of the comparable goods:
(i) was not, at the time of the sale, related to the vendor of the comparable goods; and
(ii) did not incur any production assist costs in relation to the comparable goods; and
(d) that was, in the opinion of the Collector, a sale of a sufficient number of units of comparable goods as to permit an appropriate determination of their price per unit.
reference sale, in relation to comparable goods, means:
(a) where there was only one contemporary sale of the goods—that sale;
(b) where:
(i) there were 2 or more such sales; and
(ii) the comparable goods were sold in those sales at the one unit price;
each of those sales;
(c) where:
(i) there were 2 or more such sales;
(ii) the comparable goods were sold in those sales at 2 or more unit prices; and
(iii) a higher number of units of comparable goods were sold in those sales at one of those unit price than were sold in those sales at any other single particular unit price;
the sale, or each of the sales, in which comparable goods were sold at the particular unit price first‑mentioned in subparagraph (iii);
(d) where:
(i) there were 2 or more such sales;
(ii) the comparable goods were sold in those sales at 2 or more unit prices; and
(iii) an equal number of units of comparable goods were sold in those sales at each of those unit prices;
the sale or sales in which the comparable goods were sold at the lower or lowest of the unit prices; and
(e) where:
(i) there were 2 or more such sales;
(ii) the comparable goods were sold in those sales at 2 or more unit prices; and
(iii) an equal number of units of comparable goods were sold in those sales at 2 or more of those unit prices and that number was not exceeded by the number of units of comparable goods sold in those sales at any other single particular unit price;
the sale, or sales, at which comparable goods were sold at the lower or lowest of the unit prices first‑mentioned in subparagraph (iii).
unit price, in relation to comparable goods sold in a contemporary sale, means the price of the goods in that sale:
(a) reduced by the sum of value unrelated amounts, deductible administrative costs, and deductible financing costs, in relation to the comparable goods; and
(b) divided by the number of units of the comparable goods.
(3) The following example illustrates the operation of paragraph (c) of the definition of reference sale in subsection (2):
Facts:
There were 2 contemporary sales of 5 units of comparable goods at a unit price of $100.
There were 6 contemporary sales of 3 units of comparable goods at a unit price of $40.
There was one contemporary sale of 4 units of comparable goods at a unit price of $40.
There was one contemporary sale of 7 units of comparable goods at a unit price of $60.
There were 3 contemporary sales of 2 units of comparable goods at a unit price of $60.
This means that:
10 units of comparable goods were sold in contemporary sales at $100.
22 units of comparable goods were sold in contemporary sales at $40.
13 units of comparable goods were sold in contemporary sales at $60.
Result:
More units of comparable goods were sold in contemporary sales at $40 than were sold in such sales at any other unit price.
Therefore, the reference sales are the sales at the unit price of $40.
(4) The following example illustrates the operation of paragraph (e) of the definition of reference sale in subsection (2):
Facts:
There was one contemporary sale of 10 units of comparable goods at a unit price of $60.
There were 2 contemporary sales of 2 units of comparable goods at a unit price of $20.
There was one contemporary sale of 6 units of comparable goods at a unit price of $20.
There were 8 contemporary sales of 1 unit of comparable goods at a unit price of $80.
There was one contemporary sale of 5 units of comparable goods at a unit price of $70.
There were 2 contemporary sales of 2 units of comparable goods at a unit price of $70.
There were 2 contemporary sales of 1 unit of comparable goods at a unit price of $50.
There were 2 contemporary sales of 4 units of comparable goods at a unit price of $50.
Result:
An equal number of units of comparable goods (10) were sold in contemporary sales at 3 unit prices ($60, $20, $50).
This number is not exceeded by 8 units of comparable goods sold in contemporary sales at $80 or by 9 units of comparable goods sold in contemporary sales at $70.
Therefore, reference sales are the sales at the unit price of $20.
161D Deductive (later sales) value
(1) The deductive (later sales) value of imported goods is their value calculated as if the value of each of the units were the unit price of comparable goods sold in the reference sale or sales.
(2) In this section:
later sale, in relation to comparable goods compared with imported goods, means a sale known to a Collector of the comparable goods in Australia in the condition in which they were imported, being a sale:
(a) during the 90 days that began on the day of importation of the imported goods;
(b) at the first trade level at which the comparable goods were sold after their importation;
(c) in circumstances where, in the opinion of the Collector, the purchaser of the comparable goods:
(i) was not, at the time of the sale, related to the vendor of the comparable goods; and
(ii) did not incur any production assist costs in relation to the comparable goods; and
(d) was, in the opinion of the Collector, a sale of a sufficient number of units of comparable goods as to permit an appropriate determination of their price per unit.
reference sale, in relation to comparable goods, means:
(a) where there was only one later sale of the goods—that sale;
(b) where there were 2 or more such sales and one of them was on an earlier day than the other or others—that sale; or
(c) where there were 2 or more such sales on a common day and no such sale occurred on an earlier day:
(i) if one of the sales on the common day was of a higher number of units of the comparable goods than the other or others on the common day—that sale of a higher number; or
(ii) if 2 or more of the sales on the common day were of the same number of units of comparable goods and no other sale on the common day was of a higher number of such units—whichever of those 2 or more sales of the same number of units was the sale in which comparable goods were sold at the lower or lowest unit price.
unit price, in relation to comparable goods sold in a later sale, means the price of the goods in that sale:
(a) reduced by the sum of value unrelated amounts, deductible administrative costs, and deductible financing costs, in relation to the comparable goods; and
(b) divided by the number of units of the comparable goods.
161E Deductive (derived goods sales) value
(1) The deductive (derived goods sales) value of imported goods is their value calculated as if the value of each of their units were the unit price of derived goods derived from them sold in the reference sale or sales.
(2) In this section:
derived goods, in relation to imported goods, means the imported goods after they have been assembled, packaged or further processed in Australia.
derived goods sale, in relation to derived goods derived from imported goods, means a sale known to a Collector of derived goods in Australia, being a sale:
(a) during the 90 days that began on the day of importation of the imported goods;
(b) at the first trade level at which the derived goods were sold after that importation;
(c) in circumstances where, in the opinion of the Collector, the purchaser of the derived goods:
(i) was not related to the vendor of the derived goods at the time of the sale; and
(ii) did not incur any production assist costs in relation to the derived goods; and
(d) that was, in the opinion of the Collector, a sale of a sufficient number of units of derived goods as to permit an appropriate determination of the price per unit of the goods.
reference sale, in relation to derived goods, means:
(a) where there was only one derived goods sale—that sale;
(b) where:
(i) there were 2 or more such sales; and
(ii) derived goods were sold in those sales at the one unit price;
each of those sales;
(c) where:
(i) there were 2 or more such sales;
(ii) the derived goods were sold in those sales at 2 or more unit prices; and
(iii) a higher number of units of derived goods were sold in those sales at one of those unit prices than were sold in those sales at any other single particular unit price;
the sale, or each of the sales, in which derived goods were sold at the particular unit price first‑mentioned in subparagraph (iii);
(d) where:
(i) there were 2 or more such sales;
(ii) derived goods were sold in those sales at 2 or more unit prices; and
(iii) an equal number of units of derived goods were sold in those sales at each of those unit prices;
the sale or sales in which the derived goods were sold at the lower or lowest of the unit prices; and
(e) where:
(i) there were 2 or more such sales;
(ii) derived goods were sold in those sales at 2 or more unit prices; and
(iii) an equal number of units of derived goods were sold in those sales at 2 or more of those unit prices and that number was not exceeded by the number of units of derived goods sold in those sales at any other single particular unit price;
the sale, or sales, at which derived goods were sold at the lower or lowest of the unit prices first‑mentioned in subparagraph (iii).
unit price, in relation to derived goods derived from imported goods and sold in a derived goods sale, means the price of the derived goods in that sale:
(a) reduced by the sum of:
(i) value unrelated amounts, in relation to the derived goods;
(ii) deductible administrative costs in relation to the derived goods;
(iii) deductible financing costs in relation to the derived goods; and
(iv) the amount of the value added to the derived goods that is attributable to the assembly, packaging or further processing of the imported goods in Australia; and
(b) divided by the number of units of the derived goods.
161F Computed value
(1) The computed value of imported goods is such part of the sum of the following amounts as a Collector considers should be apportioned to their production:
(a) Australian arranged material costs;
(b) Australian arranged subsidiary costs;
(c) Australian arranged tooling costs;
(d) Australian arranged work costs;
(e) the value of all other goods used in their production and not included in paragraphs (a) to (d), inclusive;
(f) the costs, charges and expenses incurred by their producer in relation to their production and not included in paragraphs (a) to (e), inclusive;
(g) the profit and expenses (including all costs, direct or indirect, of marketing but not including costs and expenses included in paragraphs (a) to (f), inclusive) that are usually added to the sale for export to Australia of goods of the same class as the imported goods from the country of export of the imported goods, being a sale of goods by their producer to a purchaser who is not, at the time of sale, related to the producer;
(h) packing costs for materials and labour incurred in respect of the goods (including, but without limiting the generality of the foregoing, costs of fumigating, cleaning, coating, wrapping or otherwise preparing the goods for their exportation from a foreign country or otherwise placing them in the condition in which they are imported into Australia but not including the costs of any exempted pallet or exempted container concerned in their exportation), being costs that are not included in paragraphs (a) to (g), inclusive;
(j) foreign inland freight and foreign inland insurance that is usually added to a sale referred to in paragraph (g) and that is not included in paragraphs (a) to (h), inclusive.
(2) In this section, Australian arrange material costs, Australian arranged subsidiary costs, Australian arranged tooling costs and Australian arranged work costs, in relation to imported goods, have the meanings that purchaser’s material costs, purchaser’s subsidiary costs, purchaser’s tooling costs and purchaser’s work costs respectively, would have, in relation to imported goods, if the references in the 4 last‑mentioned definitions to purchaser were references to a person in Australia.
161G Fall‑back value
The fall‑back value of imported goods is such value as a Collector determines, having regard to the other methods of valuation under this Division in the order in which those methods would ordinarily be considered under section 159 and of such other matters as the Collector considers relevant, but not having regard to any of the following matters:
(a) the selling price in Australia of goods produced in Australia;
(b) any system that provides for the acceptance for the purposes of this Act of the higher of 2 alternative values;