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  • Deanna Schlieve
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    Post count: 27

    Math Note: Only Profit & General Expenses OR Commissions, not both, may be deducted.

    19 CFR 152.105(d)(1) – Any commission usually paid or agreed to be paid, OR the addition usually made for profit and general expenses, in connection with sales in the United States of imported merchandise that is of the same class or kind, regardless of the country of exportation, as the merchandise concerned;

    Deanna Schlieve
    Participant
    Post count: 27

    For posterity, it appears Quiz 5, Question 2 is also impacted by the update to regulations and does not provide an accurate answer under the current regulations.

    2. Question1 point
    A bond principal receives written notice from the Port Director that the bond amount is insufficient. How many days shall the principal have to remedy the deficiency?

    A. 10 days from the date of the bond’s anniversary date
    B. 30 days from the date of the bond’s anniversary date
    C. 30 days from the date of notification
    D. 30 days from the date of filing of the principal’s last entry
    E. 10 days from the date of filing of the principal’s last entry

    Correct choice is: C
    Explanation: 19 CFR 113.13(c)

    Deanna Schlieve
    Participant
    Post count: 27

    Playing devil’s advocate on this posting (forgive me) – Maybe these notes hit the mark and align with how Customs would respond to an appeal to this question:

    The Tariff provided (Heading 6205 – “Men’s or boys’ shirts”) in Question 7 – Wacky Campers Inc was inaccurate for tents but we were told that it was ‘correctly classified’, so we could not question it. Heading 6205 must follow provision (ii) and, as such, we are to determine the country of origin of the good is the country in which the good was wholly assembled (i.e., Hong Kong).

    We were not provided a Tariff in Question 1 – Wilderness Inc. and, therefore, had to determine the Tariff ourselves. Tents are correctly classifiable under Heading 6306 (i.e., provision ‘ii’ would not apply to us), and we had to review §102.21 for additional Rules of Origin. Here we find that Heading 6306 goods are classifiable where the good was formed by fabric-making process. According to Question 1 – Wilderness Inc., the polyester fabric was made in Taiwan.

    The correct answer to Question 7 – Wacky Campers Inc is A. Hong Kong; and
    The correct answer to Question 1 – Wilderness Inc. is A. Taiwan.

    Deanna Schlieve
    Participant
    Post count: 27

    I read your response wrong, thanks so much for clarifying! This makes sense.

    Deanna Schlieve
    Participant
    Post count: 27

    Roger that – This is so helpful! Thanks so much for the clarification and taking the time to confirm whether I was misunderstanding the questions!!

    To summarize:
    – Quiz 1, Question 7 = D has been made OBE by regulatory updates and B may be correct; and
    – Quiz 1, Question 8 = B has been made OBE by regulatory updates and A is the correct answer.

    Deanna Schlieve
    Participant
    Post count: 27

    These are great insights! And thanks for the clarity on (1).

    On (2), is it safe to revise what we previously spoke on (that ‘same condition’ drawback pertains to both Rejected and Unused Merchandise) to say that ‘same condition’ drawback only pertains to Unused Merchandise Drawback?

    Thanks in advance for clarifying this final part!

    Deanna Schlieve
    Participant
    Post count: 27

    (1) Joe is going to review and research and get back to me on the form and what it may have been replaced with (possibly replaced with CF-7553).

    (2) Same condition drawback can pertain to unused and rejected merchandise drawback. Depending on if you assumed it was one or the other, depended on if you chose C or D.
    – Unused: 2 working days before.
    – Rejected: 5 working days before.

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