2006 October No.37 – BROKER COMPLIANCE


ABC, Inc., an express consignment courier that is also a licensed broker, enters merchandise where ABC, Inc. acts as the importer of record. CBP determines the merchandise to be counterfeit and seizes the merchandise. This is the third instance where ABC, Inc. has been identified in the importation and seizure of counterfeit merchandise by means of acting as the importer of record and broker. For aiding and abetting the importation of the counterfeit merchandise, CBP will issue a _____.

A. fine against the ultimate consignee not more than three times the value that the merchandise would have had if it were genuine, according to the U.S. manufacturer’s suggested retail price (MSRP)

B. fine against the broker not more than twice the value that the merchandise would have had if it were genuine, according to the U.S. MSRP

C. fine against the carrier not more than one and half times the value that the merchandise would have had if it were genuine, according to the U.S. MSRP

D. fine against the supplier of not more than the U.S. MSRP

E. CBP Form 3461 with the broker

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The Answer is: B

Citation: 19 CFR 133.27

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