CBLE Legal Principles and Foundations 3 — Questions and Answers
Question 1: What is the primary purpose of 19 U.S.C. § 1592 in customs enforcement?
- To establish customs broker licensing requirements
- To penalize importers for fraud, gross negligence, or negligence in entry filings (Correct answer)
- To set tariff rates on imported merchandise
- To authorize CBP to seize counterfeit goods
Correct answer: To penalize importers for fraud, gross negligence, or negligence in entry filings
Section 1592 provides CBP authority to assess penalties against importers who violate customs laws through fraud, gross negligence, or negligence in connection with the entry of merchandise.
Question 2: Under the General Rules of Interpretation (GRI) of the HTSUS, GRI 1 states that classification shall be determined according to what?
- The commercial invoice description provided by the seller
- The terms of the headings and any relevant section or chapter notes (Correct answer)
- The most specific subheading available
- The opinion of the importer's customs broker
Correct answer: The terms of the headings and any relevant section or chapter notes
GRI 1 requires that classification be determined by the terms of the headings and any relevant section or chapter notes, read in context of the HTSUS.
Question 3: Which international agreement forms the basis of the six-digit Harmonized System codes used in the HTSUS?
- The General Agreement on Tariffs and Trade (GATT)
- The International Convention on the Harmonized Commodity Description and Coding System (Correct answer)
- The Trade Facilitation Agreement
- The World Trade Organization Agreement on Customs Valuation
Correct answer: The International Convention on the Harmonized Commodity Description and Coding System
The International Convention on the Harmonized Commodity Description and Coding System (HS Convention), administered by the World Customs Organization, provides the internationally standardized six-digit codes.
Question 4: What is a 'prior disclosure' under 19 U.S.C. § 1592(c)(4)?
- CBP's advance notice to an importer before assessing a penalty
- An importer's voluntary disclosure of a customs violation before a formal investigation begins (Correct answer)
- A broker's disclosure to CBP of a client's confidential information
- A surety's pre-entry bond filing
Correct answer: An importer's voluntary disclosure of a customs violation before a formal investigation begins
A prior disclosure allows an importer to voluntarily report a violation before CBP's formal investigation and substantially reduces applicable penalties.
Question 5: Under the Customs Modernization Act ('Mod Act'), what legal obligation is placed on importers regarding the accuracy of their customs entries?
- Importers must use a licensed customs broker for all entries
- Importers bear the responsibility for using 'reasonable care' in making customs declarations (Correct answer)
- CBP bears full responsibility for verifying all entry information
- Importers are only responsible for errors discovered within 30 days of entry
Correct answer: Importers bear the responsibility for using 'reasonable care' in making customs declarations
The Mod Act established that importers must use 'reasonable care' when making customs declarations, shifting responsibility to the trade community.
Question 6: When a customs broker files an entry on behalf of a client, who is legally responsible to CBP for the accuracy of the entry and payment of duties?
- The customs broker alone
- The foreign exporter
- The importer of record (Correct answer)
- The surety company
Correct answer: The importer of record
The importer of record is ultimately responsible to CBP for the accuracy of entry information and payment of all applicable duties, fees, and taxes.
Question 7: Which body has the authority to issue binding tariff classification rulings in the United States?
- The International Trade Commission (ITC)
- The Office of the United States Trade Representative (USTR)
- CBP's Office of Regulations and Rulings (Correct answer)
- The Court of International Trade (CIT)
Correct answer: CBP's Office of Regulations and Rulings
CBP's Office of Regulations and Rulings (and its predecessor, Headquarters Ruling) issues binding tariff classification rulings that are legally binding on the importer who requested them.
CBLE Legal Principles and Foundations 3
What is the primary purpose of 19 U.S.C. § 1592 in customs enforcement?