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April 2024, question 23
Modernized Drawback · Drawback
What is the maximum civil administrative penalty for any person who seeks, induces, or affects, or attempts to seek, induce, or affect, the payment of drawback by fraud?
- One (1) times the total actual or potential loss of revenue.
- Three (3) times the total actual or potential loss of revenue.
- Five (5) times the total actual or potential loss of revenue.
- Twenty (20) percent of actual or potential loss of revenue.
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CBP's answer: B. B: Three (3) times the total actual or potential loss of revenue.
For a fraudulent drawback violation the civil penalty under 19 USC 1593a has a maximum of 3 times the total actual or potential loss of revenue (B). The equal-to-loss figure applies only to repetitive negligent violations.
A fraudulent violation is subject to a maximum administrative penalty of 3 times the total actual or potential loss of revenue. 19 CFR 190.62(b)
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CBP's key cites: 19 CFR 190.62
Question and key from CBP's April 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).