Ad Valorem
Please note: this entry is from 1911.
Also, nothing on this page is intended as legal
advice.
AD VALOREM (Lat. for
“according to value”), the term given in commerce to a duty which is
levied by customs authorities on goods or commodities in proportion to
their value. An ad valorem duty is the opposite of a specific duty,
which is chargeable on the measure or weight of goods. The United
States is the one important country which has adopted in its tariff an
extensive system of ad valorem duties, though it has not altogether
disregarded specific duties; in some cases, indeed, the two are
combined. Ad valorem duties, in the United States, are levied according
to the saleable value of the goods in the country of their origin, and
it is usual to require at the port of entry the production of an invoice
with full particulars as to the place where, time when, and person from
whom the goods were purchased, and the actual cost of the goods and the
charges on them. Such an invoice is countersigned by the consul of the
country for which the goods are intended. On arrival at the port of
consignment the invoice is sworn to by the importer. The goods are then
valued by an appraiser, and if the valuation of the appraiser exceeds
that which appears on the invoice, double duty is levied, subject to
appeal to a general appraiser and to boards of general appraisers.
It has been argued that, theoretically, an ad valorem duty is
preferable to a specific duty, inasmuch as it falls in proper proportion
alike on the high-priced and low-priced grades of a commodity, and, no
matter how the value of any article fluctuates, the rate of taxation
automatically adjusts itself to the new value. In practice, however, ad
valorem duties lead to great inequalities, and are very difficult to
levy; while the relative value of two commodities may remain apparently
unchanged under an ad valorem duty, yet owing to the difference in the
cost of production, or through the different proportions of fixed and
circulating capital employed in their manufacture, an ad valorem tax
will be felt much more severely by one commodity than by another.
Again, there is always a difficulty in obtaining a true valuation on the
exported goods, for values from their very nature are variable; while
specific duties remain steady, and the buyer can always ascertain
exactly what he will have to pay. The opening to fraud is also very
great, for where, as in the United States, the object of the duty is to
keep out foreign goods, every valuation at the port of shipment will be
looked upon with the utmost suspicion, while it will always be a
temptation to the foreign seller to undervalue, a temptation in many
cases encouraged by the importer, for it lessens his tax, while the
seller’s market is increased. The staff of appraisers which must
necessarily be kept at each port of entry considerably raises the
expense, to say nothing of the annoyance and delay caused both to
importers and foreign shippers.
The term “ad valorem” is used also of stamp duties. By the Stamp Act
1891 certain classes of instruments, e.g. awards, bills of exchange,
conveyances or transfers, leases, &c., must be stamped in England with
the proper ad valorem duty, that is, the duty chargeable according to
the value of the subject matter of the particular instruments or
writings.
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