43. What statement is TRUE if merchandise subject to a tariff-rate quota is released by a special permit for immediate delivery and the entry summary is filed after the quota period ends and the quota has filled?
A. The ID/entry establishes quota priority and status with approval from Headquarters and the quota will be charged to the current quota period.
B. Proper submission of an entry summary will entitle the importer to the in-quota (low) rate of duty for the entire quantity of the shipment, regardless of the fill status of the quota.
C. The filer is only subject to payment of any duties due at the over- quota (high) rate if the quota is filled prior to the filing of an entry summary/withdrawal for consumption.
D. There is no further impact once the filer submits the entry summary or withdrawal for consumption and the quota is charged/accepted.
E. If the entry summary is not presented timely, the Port Director may issue liquidated damages for the late filing of the entry summary and the high (over-quota) duty rate must be paid. Quota is charged to the period in effect when the merchandise was released.
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The Answer is: E
Citation: 19 CFR 132.14; 142.21(e)
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