CBP Proposes to Recognize Retroactive Adjustments to Transfer Pricing: May Result in Duty Refund

U.S. Customs and Border Protection ("CBP") recently took another step in finalizing a proposed policy change that would make it easier for related companies to base transaction value on their intercompany transfer pricing policies or advance pricing agreements which incorporate potential post-importation adjustments (upward or downward). Last October we issued a newsalert on this issue, when CBP first requested advanced public comments on this proposed policy shift.