(a) in excess of one lilangeni, such value shall for the purpose of assessing the
amount of duty payable, be calculated to the nearest lilangeni, an amount of 50
cents being regarded as less than one half of one lilangeni;
(b) less than one lilangeni, such value shall be calculated as one lilangeni.
(3) Unless the context otherwise indicates, any reference in this Act to customs value
or to value for duty purposes, in relation to imported goods, shall be deemed to be a reference to value for customs duty purposes. (Amended A.7/1981.)
(4) (a) If in the opinion of the Commissioner the transaction value of any imported
goods cannot be ascertained in terms of section 66 or has been incorrectly ascertained by
the importer, the Commissioner may determine a value, which shall, subject to a right of appeal to the Minister be deemed to be the value for customs duty purposes of the goods.
(b)
The acceptance by any officer of a bill of entry or the release of any goods as
entered shall not be deemed to be any such determination.
Any determination so made shall be deemed to be correct for the purposes of
(c)
this Act, and any amount due in terms of any such determination shall remain payable as
long as such determination remains in force.
(5) The Commissioner may whenever he deems it expedient amend or withdraw any
such determination and make a new determination with effect from —
(a) the date of first entry of the goods in question;
(b) the date of the determination made under subsection (4);
(c) the date of such new determination; or
(d) the date of such amendment.
(6) Save where —
(a) a determination has been made under subsection (4)(a) or (5); or
(b) any false declaration is made for the purposes of subsection (4) or (5),
there shall be no liability for any underpayment of customs duty on any goods, where such
underpayment is due to the acceptance of a bill of entry bearing an incorrect customs value,
after a period of two years from the date of entry of such goods.
(6bis) Notwithstanding the provisions of subsection (6), any determination made under
subsection (4)(a) following upon an inspection of the books or documents of any importer
shall be deemed to have come into operation in respect of the goods in question and entered
for customs purposes, two years prior to the date on which the inspection commenced.
(Amended A.11/1988.)
(7) (a) Notwithstanding subsections (1) and (4), the value for purposes of the duty
specified in Section B of Part 2 of Schedule No. 1 shall, in respect of imported goods other
than goods entered in terms of item 412.18 of Schedule No. 4, be the transaction value
thereof plus fifteen percent of such value, plus any non-rebated customs duty payable in