Customs Act Article 33

I. If the customs value of the imported goods cannot be determined under the provisions of Articles 29, 31, and 32, the customs value shall be based on a deductive value.II.Customs may, according to the request of the duty-payer, reverse the order of application of present, Article 33, and Article 34 for a customs valuation.III.The term "deductive value" referred to in Paragraph 1 means the customs value shall be based on the unit price at which the imported goods or identical or similar imported goods, are sold in the Republic of China in the condition as imported, in the greatest aggregate quantity, at or about the time of the importation of the goods being valued, to persons who are not related to the persons from whom they buy such goods at the first commercial level, subject to deductions for the following:1. Either the commissions usually paid or agreed to be paid, or the additions usually made for profit and general expenses in connection with the sale of the imported goods or imported goods of the same class or kind in the Republic of China;2. The customs duties, and other national taxes payable in the Republic of China by reason of importation and sale of the goods;3. The transport and insurance costs and associated costs incurred within the Republic of China after the importation of the goods.IV.If neither the imported goods nor identical nor similar imported goods are sold at or about the time of importation of the goods being valued, the customs value shall be based on the unit price at which the imported goods or identical or similar goods are sold in the greatest aggregate quantity in the condition as imported, to persons who are not related to the persons from whom they buy such goods, at the time when sales of the imported goods or identical or similar goods are made in sufficient quantity to establish the unit price of the imported goods being valued, within ninety days following the date of the importation of the goods being valued, subject to deductions for the items enumerated in the preceding paragraph.V.If the imported goods are not sold in the condition as imported, then, if the duty-payer so requests, the customs value shall be based on the unit price at which the imported goods, after further processing, are sold in the greatest aggregate quantity to persons in the Republic of China who are not related to the persons from whom they buy such goods, due allowance being made for the value added by such processing and the deductions enumerated in Paragraph 3 of this Article.
中文原文 關稅法第33條
進口貨物之完稅價格,未能依第二十九條、第三十一條及前條規定核定者,海關得按國內銷售價格核定之。
海關得依納稅義務人請求,變更本條及第三十四條核估之適用順序。
第一項所稱國內銷售價格,指該進口貨物、同樣或類似貨物,於該進口貨物進口時或進口前、後,在國內按其輸入原狀於第一手交易階段,售予無特殊關係者最大銷售數量之單位價格核計後,扣減下列費用計算者:
一、該進口貨物、同級或同類別進口貨物在國內銷售之一般利潤、費用或通常支付之佣金。
二、貨物進口繳納之關稅及其他稅捐。
三、貨物進口後所發生之運費、保險費及其相關費用。
按國內銷售價格核估之進口貨物,在其進口時或進口前、後,無該進口貨物、同樣或類似貨物在國內銷售者,應以該進口貨物進口之翌日起九十日內,於該進口貨物、同樣或類似貨物之銷售數量足以認定該進口貨物之單位價格時,按其輸入原狀售予無特殊關係者最大銷售數量之單位價格核計後,扣減前項所列各款費用計算之。
進口貨物非按輸入原狀銷售者,海關依納稅義務人之申請,按該進口貨物經加工後售予無特殊關係者最大銷售數量之單位價格,核定其完稅價格,該單位價格,應扣除加工後之增值及第三項所列之扣減費用。

English translation for reference only; the Chinese text prevails. Not legal advice.