Home / Past exams / October 2026 / Question 16
October 2026, question 16
Broker Compliance · Penalties, recordkeeping and prior disclosure
CBP provided XYZ Brokers with a written demand to produce entry records related to the eligibility of unliquidated entries for a column 1 special rate of duty in the Harmonized Tariff Schedule (HTSUS). If XYZ Brokers fails to timely produce the requested records as a result of negligence, which penalty may CBP impose, absent any exceptions?
- Liquidate the subject entries at the applicable HTSUS column 1 general rate of duty, in addition to the applicable monetary penalty.
- The subject merchandise shall be considered abandoned and may be put up for sale at public auction.
- Suspend XYZ Broker’s national permit until XYZ Brokers can produce the requested records, in addition to the applicable monetary penalty.
- Impose a monetary penalty of $100,000 or an amount equal to 75 percent of the appraised value of the merchandise, whichever amount is less.
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CBP's answer: A. A: Liquidate the subject entries at the applicable HTSUS column 1 general rate of duty, in addition to the applicable monetary penalty.
When a demanded entry record relates to eligibility for a column 1 special rate, the penalty for negligent failure is up to $10,000 or 40 percent of the appraised value (163.6(b)(1)(ii)), and in addition the unliquidated entry is liquidated at the column 1 general rate (163.6(b)(2)(i)(A)). That is A. The $100,000 and 75 percent figure in D is for willful failure, and abandonment or suspension of a national permit is not a listed result.
If unliquidated, shall be liquidated at the applicable HTSUS column 1 general rate of duty 19 CFR 163.6(b)(2)(i)(A)
not to exceed $10,000, or an amount equal to 40 percent of the appraised value of the merchandise, whichever amount is less 19 CFR 163.6(b)(1)(ii)
Search for: liquidated at the applicable HTSUS column 1 general rate of duty
CBP's key cites: 19 CFR 163.6(b)(1)(ii); 19 CFR 163.6(b)(2)(i)(A)
Question and key from CBP's October 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).