Annex III: 2 of the Customs Valuation Agreement allowed developing countries which valued goods on the basis of officially established minimum values to make a reservation to enable them to retain such values on a limited & transitional basis under such terms & conditions as may be agreed to by the Members.
The SDT provisions of the Customs Valuation Agreement, contained in Article 20 & Annex III of the Agreement, do not specifically refer to LDCs. However, the 2001 Doha Ministerial Decision on Implementation-related Issues and Concerns urged the Council for Trade in Goods to give positive consideration to requests that may be made by least-developed country members under paragraphs 1 & 2 of Annex III of the Customs Valuation Agreement or under Article IX.3 of the WTO Agreement, as well as to take into consideration the particular circumstances of least-developed countries when setting the terms & conditions including time-frames.
Article IX.3 of the WTO Agreement provides that in exceptional circumstances, the Ministerial Conference may decide to waive an obligation imposed on a Member by this Agreement or any of the Multilateral Trade Agreements, provided that any such decision shall be taken by three-fourths (4) of the Members unless otherwise provided for in this paragraph.
Utilization by LDCs:
According to WTO records, 5 LDCs have resorted to Annex III:2:
Senegal was allowed to use officially-established minimum values for the valuation for customs purposes until 30 June 2009 for a range of products including chewing gum, pasta, cigarettes, toilet paper, tissues and towels, books, household items, batteries, motor cycles and bicycles.
- Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 (Customs Valuation Agreement)
- 2001 Doha Ministerial Decision on Implementation-related Issues and Concerns
- WTO document G/VAL/W/77/Rev.1, 15 October 2009, “Sixth Annual Review of the Implementation and Operation of the Agreement on Implementation and Operation of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994”
- Senegal – Waiver on minimum values in regard to the agreement on the implementation of Article VII of the general agreement on tariffs and trade 1994 (WT/L/735), 31 July 2008
- Fourteenth Annual Review of the implementation and operation of the agreement on implementation of article VII of the General Agreement on tariffs and trade 1994 (G/VAL/W/171/Rev.1), 15 October 2009
- Twenty-Third Annual Review of the implementation and operation of the agreement on implementation of article VII of the General Agreement on tariffs and trade 1994 (G/L/1198), 8 November 2017