The principle of real value and the highest-price criterion in the peruvian customs regime

Abstract

This article analyzes the compatibility of the “highest price” criterion established in Article 6 of the Regulation of the Peruvian Customs Offences Law with the customs valuation system set forth in the Agreement on Implementation of Article VII of the GATT 1994, which remains in force as part of the legal framework of the World Trade Organization. The research adopts a doctrinal legal approach based on the documentary analysis of legal sources, scholarly literature, and international instruments. The findings show that the Customs Valuation Agreement is founded on the principle of the real value of goods and restricts the use of arbitrary, fictitious, or presumptive values. Likewise, the study identifies that the “highest price” criterion departs from this conventional framework. It concludes that such divergence may generate issues of normative compatibility with the international obligations assumed by Peru and may affect legal certainty in customs matters.