April 2018 — Question 76
Any intentional removal, defacement, destruction, or alteration of a marking of the country of origin required by section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), and 19 CFR 134 in order to conceal this information may result in criminal penalties of :
- Aup to $1,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h).
- Bup to $2,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h).
- Cup to $3,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h).
- Dup to $4,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h).
- Eup to $5,000 and/or imprisonment for 1 year, as provided in 19 U.S.C. 1304(h).✓ CBP's answer
Why this answer
19 CFR 134.4 tracks the criminal provision of the marking statute: intentionally removing, defacing, destroying, or altering a required country of origin marking in order to conceal that information exposes the actor, under 19 U.S.C. 1304(h), to a fine of up to $5,000, imprisonment for up to one year, or both. The options differ only in the dollar figure, so the question is pure recall of the statutory maximum. The lower amounts tempt because smaller fixed penalties appear elsewhere in the customs laws, but the concealment offense carries the $5,000 ceiling alongside the one-year term. Watch for: Guessing a lower statutory maximum; the concealment offense carries the full $5,000 fine.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2018 examination.
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