April 2026 — Question 43
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?
- ADifferences resulting from legal or regulatory requirements, certification, etc.
- BDifferences in the formulation, product construction, structure, or composite product components, of both the authorized and gray market product.
- CThe retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.✓ CBP's answer
- DPerformance and/or operational characteristics of both the authorized and gray product.
Why this answer
CBP publishes the key, not the reasoning. Our written explanation of why this answer is right — and which rule decides it — comes with a free account.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the April 2026 examination.
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