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  • Douglas Meadows
    Participant
    April 13, 2021 at 2:33 am
    Post count: 25
    #9778

    Quiz 6 Q. 11
    The quiz cites 141.69 and states the date of entry as April 5th with 5 pct rate. Is this because the broker did not file the entry summary documentation with the immediate delivery (3461) on April 5th? I still get a bit lost in the 141.68 Time of Entry wording.

    11. Question1 point
    Tom is told that a presidential proclamation may be signed within the next 30 days that would entitle the merchandise he imports to a 5% rate of duty. Normally the rate of duty for his merchandise is 10%. When Tom imports his goods on April 5th he elects immediate delivery procedures. On April 6th the President signs the proclamation. On April 8th Tom files his entry summary. Which one of the following is correct?

    A. Tom’s merchandise is subject to a 5% rate of duty.
    B. Tom’s merchandise does not need an entry summary due to the fact that he elected immediate delivery.
    C. Tom’s merchandise is subject to a 10% rate of duty.
    D. Tom’s merchandise has not been released and the release date determines the applicable rate of duty.
    E. Tom’s merchandise is subject to a 15% rate of duty.

    admin
    Keymaster
    April 19, 2021 at 4:29 pm
    Post count: 70
    #9830

    § 141.69 Applicable rates of duty.
    The rates of duty applicable to merchandise shall be the rates in effect at time of entry, as specified in § 141.68, except as otherwise specifically provided for by Executive Order, and in the following cases:

    § 141.68 Time of entry.
    (c) When merchandise is released under the immediate delivery procedure. The time of entry of merchandise released under the immediate delivery procedure will be the time the entry summary is filed in proper form, with estimated duties attached.

    Here when Tom imports his goods on April 5th he elects immediate delivery procedures. The time of entry of merchandise released under the immediate delivery procedure will be the time the entry summary is filed in proper form, with estimated duties attached. Tom filed his entry summary on April 8th and hence April 8th will be the time of entry of his merchandise.

    The President signed the proclamation on April 6th that entitled the merchandise Tom imports to a 5% rate of duty. Since Tom’s merchandise’s time of entry was April 8 which falls after the effective date of the proclamation, his merchandise would be subject to the new rate of duty of 5% which is answer choice A.

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