Regulation 2 — Customs (Valuation of Locally-Manufactured Goods for Excise Duty) Regulations 2022

Subregulation 1

In these Regulations —

Definition

“goods of the same class or kind” means goods that —

(a)

are within a group or range of goods produced by a particular industry or industry sector that includes identical goods or similar goods in relation to the goods being valued; and

(b)

were produced in Singapore;

Definition

“identical goods” means goods that —

(a)

are the same in all respects, including physical characteristics, quality and reputation, as the goods being valued, except for minor differences in appearance that do not affect the value of the goods;

(b)

were produced in Singapore; and

(c)

were produced by or on behalf of the person who produced the goods being valued,but does not include goods where engineering, development work, art work, design work, plans or sketches undertaken in Singapore were supplied, directly or indirectly, by the buyer of those goods free of charge or at a reduced cost for use in connection with the production and sale of those goods;

Definition

“produce” includes grow, manufacture and mine;

Definition

“similar goods” means goods that —

(a)

closely resemble the goods being valued in respect of component materials and parts and characteristics and are functionally and commercially interchangeable with the goods being valued having regard to the quality and reputation (including any relevant trade mark) of the goods and the goods being valued;

(b)

were produced in Singapore; and

(c)

were produced by or on behalf of the person who produced the goods being valued,but does not include goods where engineering, development work, art work, design work, plans or sketches undertaken in Singapore were supplied, directly or indirectly, by the buyer of those goods free of charge or at a reduced cost for use in connection with the production and sale of those goods;

Definition

“sufficient information”, in respect of the determination of any amount, difference or adjustment, means objective and quantifiable information that clearly establishes the accuracy of the amount, difference or adjustment.

Subregulation 2

For the purposes of these Regulations, 2 persons are related to each other if and only if —

(a)

they are officers or directors of one another’s businesses;

(b)

they are legally recognised partners in business;

(c)

they are employer and employee;

(d)

any other person directly or indirectly owns, controls or holds 5 per cent or more of the outstanding voting stock or shares of both of them;

(e)

one of them, directly or indirectly, controls the other;

(f)

both of them are, directly or indirectly, controlled by a third person;

(g)

together they, directly or indirectly, control a third person;

(h)

they are members of the same family; or

(i)

they are associated in business with one another in that one is the sole agent, sole distributor or sole concessionaire, however described, of the other.

Subregulation 3

Where, in relation to any goods being valued, there are no identical goods or similar goods that were produced by or on behalf of the person who produced the goods being valued, goods that were produced by or on behalf of another person and that are otherwise identical goods or similar goods are deemed to be identical goods or similar goods, as the case may be.