15.—(1) Subject to paragraph (3), the export price is the price the goods concerned are sold for, or the agreed price at which they are to be sold, to either—
(a)an importer in the United Kingdom; or
(b)a third party outside of the United Kingdom for export to the United Kingdom (“third party”).
(2) This paragraph applies where there is no export price or the TRA determines that the price is unreliable because of an association or a compensatory arrangement between the overseas exporter and the importer of the goods concerned in the United Kingdom or the overseas exporter and a third party.
(3) Where paragraph (2) applies, the TRA may construct the export price in accordance with paragraph (4).
(4) The TRA may construct the export price on the basis of—
(a)the price at which the goods concerned are first sold to an independent buyer in the United Kingdom; or
(b)where the goods concerned are not resold to an independent buyer in the United Kingdom, or are not resold in the condition as imported, on such other reasonable basis as the TRA determines.
(5) Where the export price of the goods concerned is constructed in accordance with paragraph (4), the TRA may make adjustments—
(a)for actual costs incurred by the importer or exporter of the goods concerned in the United Kingdom; and
(b)for profits that would usually be accrued by an importer of the goods concerned in the United Kingdom that is not an associate of or does not have a compensatory arrangement with the overseas exporter.
(6) The adjustments that the TRA may make in accordance with paragraph (5) include adjustments in relation to—
(a)transport costs;
(b)insurance;
(c)handling, loading and ancillary costs;
(d)import duties;
(e)any taxes payable in the United Kingdom by reason of the importation or resale of the goods in the United Kingdom;
(f)a reasonable margin for profit as determined by the TRA;
(g)selling, general and administrative costs;
(h)any other costs incurred in the importation and resale of the goods.
(7) For the purpose of this regulation—
(a)there is an “association” where the parties meet the definition of “related persons” in the Customs (Import Duty) (EU Exit) Regulations 2018 M1;
(b)a person is an “independent buyer” in relation to an overseas exporter if there is no association between the buyer and the overseas exporter.