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| 3 minute read

Always in Season: Luxury, Fashion, and the Law — Why a global customs valuation policy is no luxury for luxury brands

The signature detailing that makes your brand’s garments, jewelry, fashion bags, cosmetics, and accessories stand out does not just happen on the factory floor. Sketches drafted in Paris, R&D undertaken in Milan, and artisanal prototypes refined in Tokyo all feed into the production line. Yet these upstream inputs (or “assists” in customs jargon) can become thorny when the final product meets a border crossing. Managing assists appropriately reduces compliance costs, mitigates the risk of systematic overpayment of tariffs, and ensures cash flow control and benefits by allocating costs across entries.

These assists are broadly defined as certain goods or services supplied free of charge or at reduced cost by the buyer to the seller, for use in the imported goods. Assists in the luxury sector are common, as brands often control design and brand identity tightly while outsourcing production. The brand, not the manufacturer, typically creates sketches, patterns, or molds, and the manufacturer merely incorporates them. They can include tangible items such as Italian leather, specialized embossing tools, or custom-made fabrics, or intangibles such as creative work or proprietary formulas and know-how. Because assists can be dutiable additions to the price paid for the imported merchandise, they must be identified, quantified, and declared to customs with precision. Getting it wrong can lead to supply chain delays, penalties, or retroactive duty bills that eat into the savings your brand hoped to achieve by globalizing its value chain.

Customs authorities expect the importer to allocate assist costs to the customs value of every item that eventually crosses the border. When a Paris fashion house sends a mold for a unique buckle and Italian leather to a workshop in India to assemble handbags, it will often be straightforward to identify the per-item costs of those assists. But how should a creative director’s design budget or multiseason R&D spend be spread over a line of products whose total import volume in different countries across the globe is uncertain when the investment is made? 

The starting point is the allocation itself. Generally accepted accounting principles allow some flexibility, but whatever method an importer selects must be reasonable, appropriate to the circumstances, and consistently applied. Where the assist cost relates to items imported into only one jurisdiction and subject to only one tariff rate, companies can load the entire cost to the first import into that country. In reality, however, that frontloading approach is rarely practical for companies that are globally active and have a broad range of products. More commonly, brands apportion assists by prorating the spend across all expected shipments in each timeframe, which could involve leaning on historical data to derive a per-unit uplift that gets refreshed as new information arrives or revisiting past imports once final volumes are known. Regardless of the approach, backing it with records showing the assist cost calculation and the imported units in each market is crucial.

Once the math is done, the customs compliance picture will still look different by jurisdiction. In the European Union, an importer that wishes to declare provisional figures or rely on a simplification formula must secure prior authorization. Without a green light, the declared customs value must be final, which is impossible to achieve if definitive numbers on assist spend or imported items are lacking. Post-Brexit, the UK has largely replicated the EU customs legal framework, but the authorization process is administered by HMRC and will involve different lead times and data requirements, as well as a different overall process. In the United States, importers must use “reasonable care” to calculate the value of assists and declare those as part of the items’ value at the time of entry. If only an estimated assist value is known at the time of entry, the importer can flag the value for reconciliation and update the entry once the final data points are known. The reconciliation process spares importers from a formal preapproval for the import but heightens exposure to U.S. Customs audits if the estimation method lacks substantiation or is not derived using reasonable care.

A further layer of complexity arises from the fact that luxury brand groups often operate through a network of legal entities across multiple jurisdictions. Goods may be designed in one country, manufactured in another, and distributed through yet another affiliate before reaching the final market. Each step may involve an ownership transfer, with prices relying on transfer pricing policies that are primarily designed for tax compliance rather than customs purposes. The need to reconcile transfer pricing documentation with customs valuation requirements adds a significant compliance burden. 

The takeaway is clear: Global luxury brands require a single, enterprise-wide, and coordinated customs valuation policy that catalogs every category of assist, prescribes a cost allocation approach that aligns with the brand- and product-specific circumstances, and sets jurisdiction-specific protocols. Only by harmonizing the approach to assists globally can companies ensure they are paying the minimum required duties and tariffs, staying ahead of customs disputes, making consistent and defensible customs value declarations, and achieving predictability in customs duty payments.

Tags

always in season, tariffs, global customs valuation policy, luxury brands, luxury, regulatory & investigations, retail and consumer goods