Method 5 considers the costs of producing imported goods and calculates their value on this basis. To determine the customs value using this method, information is required on the production costs of the goods being valued, which can only be obtained outside of Russia.
As a rule, the manufacturer of the goods being valued is outside the jurisdiction of the Russian Federation, and therefore the use of this method in practice is limited to those cases in which the parties to the transaction are related parties and the manufacturer is ready to provide the customs authority of the Russian Federation with the necessary data on production costs.
These data must be based on information relating to the production of the goods being valued and provided either by or on behalf of the manufacturer. The information should be based on its commercial reports, provided that they comply with generally accepted norms and accounting principles applied in the country of origin.
Vthe customs value of the goodsaccording to Art. 23 of the Law, the following components are to be included.
but) The cost of materials and costs incurred by the manufacturer in the production of the item being valued.
Materials in this case are:
The cost of materials does not include internal taxes of the country of production, if they are refundable when exporting finished products.
Production costs should include:
As part of materials and costs in accordance with part 1 of Art. 19 of the Law, the following elements to be included in the customs value should also be taken into account:
b)The amount of profit and the amount of total costs typical for the sale for export to the Russian Federation of goods of the same type by their manufacturers,including the costs of transportation, loading and unloading, insurance and other costs to the place of importation into the customs territory of the Russian Federation.
The total costs in this case represent direct and indirect costs of production and sale of goods in the Russian Federation, which were not listed as part of the costs noted above (p.but).
The amount of profit and total costs should also be determined on the basis of information provided by the manufacturer and be determined in accordance with generally accepted accounting principles.
in) The profit usually received by the exporter as a result of the supply of such goods to the Russian Federation.
As confirmation of the customs value declared by the declarant under method 5, it is necessary to have appropriate documentary evidence of all the listed elements. If the information is provided by the manufacturer, it can only be confirmed in the country in which he agrees to such confirmation. This imposes a severe restriction on the use of the cost addition method. If unconfirmed data are presented to the customs authority, this should be considered as unsubstantiated data, not necessarily reflecting the actual state of affairs.
All these difficulties make the application of method 5 extremely rare in practice.