The Dutiable Status Of Royalty And License Fees

Law360, New York (September 6, 2011, 1:11 PM EDT) -- The United States and many of its trading partners have often disagreed on the inclusion of royalties and license fees in the dutiable value of imported merchandise. The World Customs Organization Technical Committee has recently published Commentary 25.1 to the WCO Valuation Agreement, in an effort to bring uniformity to the interpretation of the language found in customs valuation statutes that relate to the dutiable status of third-party royalties and license fees ("fees").

U.S. Customs valuation statute 19 USC 1401a(b) provides, under certain circumstances, that "any...
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