On 23 September 2011, U.S. Customs and Border Protection (CBP) proposed to revise the treatment of post-importation adjustments to value in related-party sales. The revised policy has been awaited for several years. CBP is inviting public comments by 24 October 2011, on its pre-publication proposal.
Under the current policy, post-importation adjustments to dutiable value between related parties must be supported by strong documentation. CBP has denied adjustments, even when supported by pricing studies, Advance Pricing Agreements and other data supplied by the importers. Downward post-importation adjustments are even more difficult to obtain.
The Pre-publication Notice proposes a more expansive allowance of transaction value between related parties, provided that the importer uses reconciliation - an optional prototype developed by CBP about 11 years ago.