Provisional Prices and Their Impact on Customs Transaction Value

How should customs value be determined when the price declared by the importer is provisional and later adjusted based on objective, contractually established criteria? While the transaction value method remains the principal approach to customs valuation, many operators resort to alternative methods when the final price is not known at the time of import. The Judgment of the Court of Justice of the European Union (CJEU) of 15 May 2025 in Case C-782/23, Tauritus UAB, (CJEU, 15 May 2025, Case C-782/23, Tauritus UAB. ECLI:EU:C:2025:353.) is a landmark ruling that addresses the ongoing tension in determining customs value. The Court acknowledges the inherent complexities of transactions involving provisional pricing and sets out significant legal principles that redefine how such situations should be treated under EU customs law.