October 2018 — Question 63
When is offsetting of overpayments NOT allowed?
- AWhen the overpayments or over-declarations were not made by the same acts, statements, or omissions that caused the underpayments or under-declarations, and is not limited to the same entries that evidence the underpayments or under- declarations, provided they are within the time period and scope of the audit
- BWhen specific overpayments or over-declarations are made for the purpose of violating any provision of law, including laws other than customs laws✓ CBP's answer
- CWhen a private party submits a prior disclosure, provided that the prior disclosure is in accordance with 19 CFR 162163.11(d)(6).74 and CBP approves the private party’s self-review, including its execution and results
- DWhen self-testing is conducted by an audited person under CBP supervision, and, CBP approves the self-testing in advance and, upon review of the self-testing, CBP approves its execution and results
- EAll of the above Category XI – Value
CBP's cited authority
§ 19 CFR 163
Answer and citations as published in CBP's official answer key for the October 2018 examination.
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