Whenever articles subject to different rates of duty are packed together tightly or commingled in such a way that CBP officers cannot readily determine the quantity, value or classification of the merchandise without physically separating the shipment or the contents of any package, the combined merchandise will be subject to the highest rate of duty or duty rates applicable to any kind merchandise that is included in the commingling with exception. Which of the following statements is not a condition to obtain a reduction in the higher rate of duty? .
A. The importer shall file a protest at the time of discovery to dispute the increase in duty prior to the submission of the entry summary
B. The quantity and value of each of the kinds so included can be readily ascertained by the usual method of CBP examination
C. The importer shall perform the segregation under CBP Supervision
D. The importer shall file with the port director documentary proof which will satisfy the port director that the merchandise is entitled to the lower rate
E. The importer shall satisfy the conditions specified in General Note 3(f), HTSUS
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The Answer is: A
Citation: 19 CFR 152.13
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