CBP Denies Transaction Value Adjustment for Packaged Power Units for Electronic Vaporizers

Claimed price reductions related to changes in packaging costs for Chinese-origin packaged power units for electronic vaporizing devices may not be considered when determining the transaction value of the imported good, according to a recently released CBP ruling.

The proceeding involves questions over the valuation of the packaged power units for electronic vaporizing devices manufactured in China for importer R.J. Reynolds Tobacco.

In early 2020, R.J. Reynolds Tobacco discussed packaging changes with the Chinese manufacturer. Those packaging changes were made but the importer says the manufacturer didn’t update the commercial invoices to reflect the agreed price revisions until around Dec. 6, 2020. The manufacturer subsequently issued a credit note for the negotiated price adjustments.

R.J. Reynolds Tobacco sought refunds on CBP general duties, Section 301 duties and merchandise processing fees for entries filed from Oct. 5, 2020, to Dec. 17, 2020, for the merchandise. CBP’s Machinery Center of Excellence and Expertise denied the protests, but R.J. Reynolds Tobacco requested further review.

In its ruling, dated July 14 and released by CBP in September, CBP headquarters affirmed the center’s decision that the claimed price reductions may not be considered in determining the transaction value of the imported merchandise.

The office laid out two reasons. R.J. Reynolds Tobacco had not submitted a written contract with the manufacturer for the sale of the imported merchandise explaining the types of price reductions and how and when the discounts will be applied. Furthermore, the submitted invoicing didn’t reflect the price reductions corresponding to the credit note.

CBP also reasoned that the price adjustment must be unconditional, or if conditional, all the conditions must be met prior to importation. According to CBP’s ruling, the protestant states that the price reductions were unconditional, but a Sept. 18, 2020, email said the discounts were conditional because they were linked to a minimum order quantity. CBP said that because the protestant didn't demonstrate that the specified minimum order quantity was fulfilled at the time of entry, the conditional discount may not be used to determine transaction value, CBP said.