Anti-Dumping & Countervailing Duties
October 2022 — Question 11
Type 01 entry ABC-1234567-8 was released by CBP on July 14, 2022. The summary was filed and paid on July 28, 2022. On October 1, 2022, the importer advises the broker that one of the lines was subject to antidumping duties. The increase in duties is $15.90. Which of the following is TRUE?
- AThe filer should request that CBP reject the summary as an entry type change from 01 to 03 may only be made when an entry summary is in ‘Trade’ control.
- BThe filer should transmit a Post-Summary Correction (PSC) to change the entry type from 01 to 03, update the entry summary information, and submit a supplemental duty payment.✓ CBP's answer
- CThe filer will not submit a supplemental duty payment as the importer does not owe CBP additional duties because the difference is de minimis (less than $20).
- DThe filer will not submit a supplemental duty payment as the importer may elect to receive a bill at the time of liquidation.
- EThe original surety will not be responsible for any additional duties because the change to entry type 03 was made after the date of entry filing.
Why this answer
The cited bond condition obligates the importer, once merchandise is released, to deposit any additional duties, taxes, and charges later found due, and the PSC chapter makes a post summary correction the vehicle for amending a filed summary within the PSC window. Learning that a line is subject to antidumping duties therefore requires transmitting a PSC that changes the entry type from 01 to 03, updates the summary data, and tenders the supplemental deposit, which is option B. Option C tempts with the $20 de minimis rule, but that is CBP's discretionary liquidation authority; it never excuses the filer from declaring AD/CVD status and depositing the duties the bond requires. Watch for: Treating the $20 de minimis liquidation rule as an excuse not to declare antidumping status.
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 October 2022 examination.
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