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Legal Principles and Foundations Flashcards

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  1. Under 19 C.F.R. § 111.29, a customs broker is required to retain records pertaining to customs transactions for a minimum of how many years?

    Answer: 5 years

    Customs brokers must retain records relating to customs business transactions for a minimum of five years from the date of entry.

  2. What is the legal effect of a CBP 'ruling letter' issued under 19 C.F.R. Part 177?

    Answer: It is binding on CBP but only with respect to the specific transaction described in the ruling request

    A ruling letter is legally binding on CBP only with respect to the specific transaction for the requester, though it also represents CBP's position on the issue for the trade generally.

  3. Which legal doctrine provides that when a tariff provision's language is ambiguous, courts should defer to CBP's interpretation of the statute?

    Answer: Chevron deference

    Chevron deference directs courts to defer to a federal agency's reasonable interpretation of ambiguous statutory language within that agency's area of expertise.

  4. Under the Trade Act of 1974, Section 301 authorizes the USTR to take action in response to which of the following?

    Answer: Unfair trade practices or policies of foreign governments that burden U.S. commerce

    Section 301 of the Trade Act of 1974 empowers the USTR to investigate and respond to foreign government actions, policies, or practices that are unfair or discriminatory and burden U.S. commerce.

  5. What is the legal standard CBP applies when determining whether a transaction value is the acceptable basis for customs valuation?

    Answer: The goods must be sold for export to the United States and the buyer and seller must be unrelated, or the relationship must not influence the price

    Transaction value is acceptable when goods are sold for export to the U.S. and, if the parties are related, CBP must be satisfied the relationship did not influence the price.

  6. Under 19 U.S.C. § 1514, what is the deadline for filing a protest against a CBP decision regarding liquidation of an entry?

    Answer: 180 days from the date of liquidation

    An importer must file a protest within 180 days of the date of liquidation, or other CBP decision, to preserve the right to challenge the decision.

  7. Which WTO agreement sets the international rules for customs valuation that the U.S. has implemented domestically?

    Answer: The Agreement on Implementation of Article VII of GATT 1994

    The WTO Agreement on Implementation of Article VII of GATT 1994 (the Customs Valuation Agreement) establishes the international framework for determining customs value, which the U.S. has implemented in 19 U.S.C. § 1401a.