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April 2026, question 43

Entry / Entry Summary · Restricted merchandise and intellectual property

When evaluating an application for Lever-rule protection against gray market articles in accordance with 19 CFR 133.2(e), which of the following is NOT a physical and material difference that CBP may consider between articles authorized for importation or sale in the United States and those not so authorized?

  1. Differences resulting from legal or regulatory requirements, certification, etc.
  2. Differences in the formulation, product construction, structure, or composite product components, of both the authorized and gray market product.
  3. The retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.
  4. Performance and/or operational characteristics of both the authorized and gray product.
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CBP's answer: C. C: The retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.

Under 133.2(e) the physical and material differences CBP may consider are composition, formulation or construction, performance or operational characteristics, legal or regulatory differences, and other explicitly defined factors likely to cause consumer deception. Retail price is not on that list, so C is the answer to the NOT question.

Performance and/or operational characteristics of both the authorized and gray market product; 19 CFR 133.2(e)(3)
Differences resulting from legal or regulatory requirements, certification, etc.; 19 CFR 133.2(e)(4)

Search for: Lever-rule protection

CBP's key cites: 19 CFR 133.2(e)

Question and key from CBP's April 2026 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).