Tuesday, April 7, 2009

Preliminary Answers for the April 2009 Exam

UPDATE: FULL COMPLETE COPY OF THE WIZARD'S ANSWERS NOW POSTED.

As many people sit on pins and needles waiting to see the answers posted for the most recent Customs Broker’s Exam, our very own Wizard has taken the exam and provided a list of possible answers and related regulations where the answers were found. Since we just received the exam this morning, the Wizard has not had time to complete all of the answers, so we are posting what the Wizard has completed today. We will post the remaining answers on Wednesday.

We invite you to post your answers, explanations, arguments and other comments. Obviously, Boskage Commerce Publications cannot guarantee the accuracy of these answers since CBP has the one and only answer key, but the Wizard has an excellent record of achieving a score of better than 90%.

Click HERE to view an complete copy of the Wizard’s answers for the April 2009 Exam!


NOTE: IF YOU ARE NOT SEEING THE COMPLETE ANSWERS, YOUR WEB BROWSER PROBABLY HAS THE OLD DOCUMENT CACHED AND IS NOT DISPLAYING THE NEW DOCUMENT.

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99 comments:

Anonymous said...

This does not take us to any answers?

Wizard said...

It's fixed!!!!! The Munchkins were playing a late April Fool's joke on us!

Anonymous said...

well not as bad I thought so far...I had visions of complete failure....only missed 7 of the 55 WIZARD did

Anonymous said...

Thanks for the hard work and quick response. It's always better to know the answer earlier, so that one can decide wheather to go on or quit. I know for sure that I did not pass. I made about 25 wrongs. Last time I missed by 2, this time even worse. This is my fourth time. My mom got very upset about this and she asked me: Are you going to take the exam till the end of your life? Scaring, isn't it? I'm sorry to scare you guys, but, I am positive you guys are much smarter than me. Sorry for the nagative comments.

lucy said...

Thanks - will follow along. However, it would also be helpful if someone just as knowledgeable would take it with 4 hours limit. I know it doesn't matter in the end, but how can they expect us to take such a difficult exam within 4hours? I wish we could protest that. If anyone passed this thing, I really am interested to know how. Good luck to all.

Wizard said...

Wizard to Lucy

You have a good point. The Wizard used to try it. Because the readers wanted accurate answers and explanations quickly, it became more important to take time to look up all of the references so the readers could see where the answers came from. We discovered the readers would rather wait just a bit longer to see answers that averaged 90% or better in accuracy than to get something that wasn't as reliable.

Plus, taking a little more time is also more efficient because the Wizard provides detailed explanations for each question for the people who purchased the exam materials from Boskage.

This test does appear to be a little harder than some of the last few exams!

starks87 said...

I'm so upset,"ahhhhhhhhhhh"(screaming out loud)....this was my 2nd time taking the test. I reference the wizard answers & my instructor's answers & i can't believe the sh*** i messed up on. the easier ones i got wrong. it seems that i'll miss it by 5 or 6.please throw 4 customs lol

lucy said...

Wizard,
I fully understand why you do it that way and I totally agree. According to my instructor's answers, I missed 27. You just gave me hope for possibly 2 more correct. Now, if only CBP would give us lots of credits ... not a chance. I ran out of time and guessed at 21. 21! I should have passed this first time, well there is my story. I really don't think it was because of any particular class, everyone should take a class. I think this test was a monster.

Anonymous said...

Lucy,

Do you have a complete set of answers you could post ?

Becky said...

I'd be interested to see how many questions the wizard ends up thinking are protestable. I have found a couple myself that I think I can prove have no right answer.

Here's one that I would love to get input on. Question #60. The wizard choose B. I decided not to go with B based on 134.32(f) which says theres a marking exception for "articles imported for use by the importer and NOT intended for sale in their imported or any other form." The answer specifically says these will be complimentary gifts. Am I missing somthing? Did I read to far into it? What's everyones thoughts?

Anonymous said...

Are you looking for room to protest any of the questions as you go along? After comparison to your answers and mine it is highly probable I will need to appeal some questions.

Wizard said...

Wizard Responds to "25 Wrong"

Don't be discouraged. I've known very competent skilled people who failed the exam 4 and 5 times. I've also known people who didn't have any experience to pass it the first time. Many miss it by one or two and pass it on a protest.

You may have done better than you think since the "REAL" answers from CBP are not out yet. Plus, CBP may throw out one or two and you may be able to protest two or three.

If you need to take the exam again, take a good look at how you have prepared in the past and what areas you seem to miss on the test. Have you studied with a group or a tutor? Did you structure your study? What areas need more intense study. If you haven't already, take a look at the series of "Exam Hints" published on this blog.

Good luck and don't give up!

Wizard said...

Wizard Responds to Protest Questions

Now that the Wizard has completed the first attempt at answering all of the questions, it's time to look at them in more detail. It will be several days before we post any thoughts on what might be subject to protest. A lot will depend on the answers that CBP posts too. Please continue to comment on the answers and share your thoughts on protests with other blog readers!

Anonymous said...

Number 12 still does not have an answer posted

Wizard said...

Wizard to All

Thank you for your patience while we experienced some technical difficulties. The suggested answer for #12 should be "C".

Becky said...

I've got to ask. Why B for number 50? I looked up your references and I agree that it can't be Canada based on those. But Chile is only 2.95%. I put C for Argentina which consistutes 70%. Can anyone please help me understand.

Anonymous said...

I hope the WIZARD is confident in his answers....according to this i missed 17...gives me a little wiggle room and still pass. What are the ones that are yellowed..potential credit for more than one answer?

Wizard said...

Wizard on #50

You are correct. The Wizard is very frazzled this morning - thinking Answer C for Argentina, but marking the answer that starts wtih "C" - Chile. Would be very bad to do that on the exam!

Anonymous said...

For question #28,you had a HQ ruling for your answer.I did not think HQ rulings were listed as a test reference ??

Anonymous said...

I am unsure of your answer to number 60. I don't understand why letter C would be a correct form of marking? The answer the wizard chose would seem to be acceptable based on 134.32?

Anonymous said...

Wizard.. Can you comment on question 29? The chapter note in 58 state that they do not cover goods in chapter 59. And the chapter 59 notes indicate that articles are considered to be impregnated with plastic unless they are NOT visible to the naked eye. The question indicates that the plastic IS visible to the naked eye. With this being said, would the answer be D?

Anonymous said...

Question 22: Wizard, I do not understand how answer "D" would be correct applying the principles of GRI 3c. Could you briefly explain? Thanks!

Nate said...

When does CBP usually post the answers?

Anonymous said...

does anyone have any disagreements with the wizards answsers?

Kali said...

OK, first - thank you, thank you -for doing this Wizard. I have been completely obsessing over how I did and would have gone out of my mind trying to figure out where I went wrong on my own. I also hope you are right on all your answers, as that would give me 16 wrong and a passing grade. This is my first attempt at this test and would love for it to be my last.

However, I can see exactly where I went wrong or miss-interpreted the question on all but #40 so far. You say "7501 instructions not CD 3550-055", but when I read Block 13 instructions on the 7501 instructions it states:

"for the purposes of this code, the manufacturer should be construed to refer to the invoicing party or parties (manufacturers or other direct suppliers). The name and address of the invoicing party whose invoice accompanies the CBP entry, should be used to construct the MID."

What am I missing?

Anonymous said...

Hi Becky,

I agree with you on #60...I don't believe that B is the correct answer as the pencils are not up for sale. I don't see anything specific about complimentary gifts..
Does anyone know why B requires marking?

Wizard said...

Wizard Comments on Q60

19 CFR 134.1(d) defines ultimate purchaser as generally the last person in the U.S., who will receive the article in the form in which it was imported. 19 CFR 134.1(d)(2) also indicates that if the imported article is distributed as a gift the, recipient is the "ultimate purchaser." Even though the pens may be given away by businesses as promotions or advertisements, under the CBP regulations the recipient of the pens, not the importer, would be considered the ultimate purchaser. Therefore, the pens must be marked permanently, legibly and conspicuously, to indicate their country of origin to their recipient.

Wizard said...

Wizard Comments on "Yellow" Highlights

The four answers that are highlighted in yellow are those that the Wizard isn't as sure of the correct answer.

Hmmmm, I guess the Wizard can understand why everyone would assume that the Wizard is a "male," but you'll just have to keep guessing who is behind the words you see on the page. Maybe if you follow the "yellow brick road" you'll find the answers you seek!

Wizard said...

Wizard Comments on Q28

Unfortunately, CBP seized the crystal ball and the Wizard isn't able to see into the future as to the actual answers. You are correct - rulings are not used in the exam room. Because the Wizard receives a lot of comments questioning answers, sometimes it is easier to provide a ruling that explains the answer. The ruling normally contains a reference to a regulation or HTS provision.

Wizard said...

Wizard Comments on Q40

Perhaps you have a protestable question if CBP doesn't allow two answers?

Using CD 3550-055, the manufacturer or shipper would be acceptable; however, that document did not provide as much information about how to determine the MID for this type of address as Appendix 2 to the 7501 Instructions.

Anonymous said...

Did anyone catch the name of the Warehouse Manager in the Scenario of section 5? I think someone at Customs is a big fan of the Simpsons.

Anonymous said...

Wizard, for question 29 I think note 1 of chapter 58 doesn't allow you to code the item in that chapter. I think the answer then has to be D?

For Question 76 - answers A, D and E are right out. During the Exam (in the vast two minute per question time frame) B reads like they are duplicating the duty deduction by first dividing the answer by 1.0671 (duty and MPF) then again later by just the duty rate. I think now I can see what they were saying in answer B but it reads like a complete mess. If my understanding is correct they more or less spelled out the same instructions twice in that one answer?? I felt like there was no proper answer because of how B was phrased, and picked C understanding that the broker fee was absent - but then again HMF isn't deducted in either so technically I cant see how any of them are correct.

This is all the more frustrating of a question because I understand value and got the previous question (which is a very similar transaction) correct. Do you think this question is a protest question?

Anonymous said...

Question #24 should be E since it states "If imported seperately" so why would you go with just 1 classification ?

Ray said...

Question 22:

I don't think the answer to 22 can be "D" becuase I do not see how GRI 3c would apply, also the question states that the visa catagory is 347 (answer "E").

Wizard said...

Wizard Comments on Q24

The key word is "if" imported separately. The first part of the question asks for the classification of the "system."

SF Money Musings said...
This comment has been removed by a blog administrator.
Anonymous said...

I am at 20 wrong... I really hope the wizard is correct. Keeping my fingers crossed because I walked out thinking I missed at least 30.

Anonymous said...

Wizard,I know we are early in this process,but what are your thoughts on questions that might be "giveaways"or allow more than 1 answer.Based on what you see of the exam do you think the pass rate will be above 10% ?
I am feeling pretty down,based on your answers I think I have missed 23.

Ray said...

Questions 24:

Wizard I agree with you the key word in the question is "if" and that the question asks for the correct classification of the system, however to say that something is imported as a system is not necessarily the same as saying it is a set. The question does not have enough information to suggest that the system is a set so the components must be classified separately right?

Wizard said...

Wizard Comments on Q24

Correct, it is not a set, but it may be a composite machine. Check out HTS Section XVI Note 3 on composite machines.

Ray said...

Question 24:

I did consider "composite machines" of Sect XVI Note 3, but I do not think it meets the requirment set forth in the note that the seperate machines must be
"fitted" together. Again there is insuffcient info in the question to suggest that the machines are fitted together. Thank you very much for your feedback it is much appreciated.

Laura said...

Yo Wiz,

Just wondering how you c ould find an answer for ADD/CVD on material that was not supposed to be covered on the exam?

Thanks!

Anonymous said...

Can someone please give me their input on #14? I have C as my answer but I have gotten a hold of 2 other answer keys that are showing D as the answer??

Anonymous said...

On question #3 wouldn't you have to assume that the wine is in containers of 2 liters or less? Could that be a protestable question?

Anonymous said...

Wizard,
Isn't option E on question #64 a FALSE statement? I thought it IS an option to use checks as payment for quota-class merchandise?
It seems this question has no CORRECT answer??

Anonymous said...

Where can I find information on USC 1401 a c,d and e in regards to question #77? I have 2 other answer keys and both have different answers for #77.

Anonymous said...

Wizard - why would the answer to question #22 NOT be E?

Anonymous said...

I am unsure as to why #41 wouldn't be E? Can someone explain?

Anonymous said...

For # 47, the elastic in the waistband won't disqualify the garment UNLESS it is of 6002 or 5806.20; therefore D could be correct couldn't it?

Anonymous said...

Laura,
Title 19 CFR part 200 to END was listed on the material to be coveredd on the exam. I feel the same way though the class I took didn't cover a page in that book :(
There has been no path burned through that book this was the first exam that called for that material so I found myself wasting a lot of time on those 5 questions!

Wizard said...

Wizard to Laura

The comment concerning the inclusion of Parts 200 - End is correct. It's the first time CBP has included this part. However, at least two of the questions (Q10 & Q13) could be answered by other references that had been included for a long time.

On a related note, it's kind of interesting that CBP continues to include the additional referense material for "Submission Changes for Supplemental Information Letters" when that process was repealed over a year ago.

The moral of the story - be sure to check off every item on the reference list CBP provides and when you see a new one - study it because there will be questions related to it on the exam!

Waylon G. Smithers said...

According to the Wizard's answers I just passed with a score of 60/80 but as I was handing in my answer sheet I noticed a pencil smudge over the bottom of my answer sheet possibly affecting 2 of my answers so I'm desperately seeking some wiggle room. About question 33, I now realize that "set" as phrased in the question doesn't mean they were imported as a set, although it sure seemed like it at the time. Assuming they were imported as a set though, could the shirt and pants be classified under just 6204.63.3540 or should I give up on that idea?
P. S. thank you so much for posting answers, you probably saved me from weeks of stress. Although the above situation poses more stress, but that's another story.

Anonymous said...

I thought the same thing Wizard...maybe it's because there is still some information on PEAs in that same batch of material??

Anonymous said...

Waylon,
I know its of little comfort but I did the exact same thing for question 33 (HTS 6204.63.35.40). Thats a lousy trick question if I ever saw one...

Anonymous said...

Question 40
It is my understanding that you must use the manufacturer name and address for textile shipments. "A" should be the correect answer.

Question 76
Should be thrown out as there is no correct answer. The terms are CIF NEW YORK, the trucking freight New York to Baltimore is not an allowable deduction for a CIF New York term. If the term was CIF Baltimore, the trucking would be an allowable deduction.

Jill said...

To: Anon re questions 40 and 76

40: You do use the textile manufacturer -- but in some countries nearly all such factories have a phrase that translates approximately to "place that makes clothes" -- in this case "Fabrica de Artigos de Vestuario" -- which is ignored in the construction of the MID. Therefore the answer has to be D.

76: It's sent CIF to New York, but the invoice also appears to include the freight charges to Baltimore. Freight charges inside of the US are not dutiable if they can be identified. These can, so they have to be deducted from the price paid/payable.

Anonymous said...

Could someone give a reference for question 76 and 77 please ??

Waylon G. Smithers said...

Hello again folks. I have a question about #17. I found out about customs brokers late January so excuse me if this is a dumb comment, but to my knowledge a broker can have many employees dealing with many more customers. How is it that only one of them can be the contact for CBP???(answer choice E)
This would really hinder business if true, in my opinion. Maybe one contact per entry would make sense.

Anonymous said...

Question 77
Source on one of the answer keys I have shows CFR 152.102 d, i ; 152.103 j. 2.
From the 3 answer keys I've gotten a hold of 2 say the answer is E and the other key is showing it's D. ??????????

Anonymous said...

I say question #76 is protestable. I think there is no proper answer b/c of the way B. was phrased???

Becky said...

Who else posts unofficial answers? Does anyone have any other links?

Anonymous said...

Wizard, according to the preliminary answers I passed with a 60/80 (75%).

Are there any possible protestable questions?

Thank you!

My (wrong) answers:
2 - A
6 - C
11 - E
12 - D
13 - E
14 - E
15 - E
21 - D
22 - C
24 - E
35 - E
40 - A
46 - B
47 - A
60 - D
61 - E
69 - B
75 - A
77 - B
78 - C

Anonymous said...

Hi Wizard,

will you be posting any possible protest questions?

Thank you!!

Wizard said...

Wizard on Protests

Until CBP posts the answers to the exam, it will be difficult to post protest questions. Let's see if the answers are posted this week. If not, the Wizard may hazard a guess at potential protest questions.

Please feel free to list questions and reasons you feel the question should be protested!

Becky said...

Wizard, are you saying that Customs sometimes posts their answers that quick? I was under the impression that we would not see their reponses for 4-6 weeks.

Andie said...

For question #60 I took "blister package of a French camera" to mean the package inside the cardboard box that disposable cameras come in. If they were to stick a label on that package, it would not be visible to the consumer in the store, thus making it illegal marking.

In the course I took to prepare for the exam, they said that goods with a value less than $5 are exempt from marking. Also, gifts are generally exempt from marking, so theoretically as long as the importer of the Chinese pens is aware of the origin, they shouldn't have to be marked.

Is a blister pack something totally different than what I think it is? This question has really been bothering me.

Anonymous said...

ANDIE - I made the same assumption about blister packs being inside packaging during the test and upon further research realize that Wizard is right. I found blister described at:
http://en.wikipedia.org/wiki/Blister_pack

Also, I think the rule on gifts is that the gift receiver is considered the ultimate consumer with the exception of anything NAFTA which would make the giver the ultimate consumer.

To be honest, I have never heard the $5 rule.

Anonymous said...

Can someone please give me their input on #14? I have C as my answer but I have gotten a hold of 2 other answer keys that are showing D as the answer??

Anonymous said...

Isn't option E on question #64 a FALSE statement? I thought it WAS an option to use checks as payment for quota-class merchandise?
It seems this question has no CORRECT answer??

Anonymous said...

Wizard - why would the answer to question #22 NOT be E?
ALSO,
I am unsure as to why #41 wouldn't be E? Can someone explain?

Anonymous said...

There are a few comments on alternative answer keys. Where are these keys? How can one get ahold of them? Is there a website or something. I would be interested in reviewing these other answer keys if anyone could give up their source it would be appreciated.

Anonymous said...

Wizard - I am curious. If the test answers are final on the day of the test, why doesn't customs just post them a couple days after? Why do they make us wait for 6 weeks?

Anonymous said...

Wizard, have any of the preliminary answers been revised, perhaps the ones highlighted in yellow?

Wizard said...

Wizard Responds to Revised Answers

After completing a detailed review of the questions, the Wizard did change on answer. On Q22, the Wizard changed the answer from D to E.

Wizard said...

Wizard Comments on Q64

Answer E is the most correct answer because 19 CFR 24.25 requires that users of statement processing for quota entries to use ACH as the method of payment. The key here is that the filer is using statement processing, which triggers the requirement to use ACH.

Anonymous said...

Thanks Wizard. So quota-class merchandise MUST use ONLY ACH payment? Never by cash or check?

Wizard said...

Wizard on Q64
ACH must be used for quota entries IF statement processing is used. Be careful about using terms such as "never."

Anonymous said...

Hey wizard is there a possibility question number 22 could be D or is E the final confirmed answer?

Wizard said...

Wizard Comments on Q22

While the Wizard originally selected Answer D, HTS Section XI Statistical Note 2(a) shed new light on the subject and prompted a change to Answer E.

The term "subject to cotton restraints" means articles in which: (i) The cotton component equals or exceeds 50 percent by weight of all the component fibers thereof.

Anonymous said...

Wizard,on questions #75 and 76,Harbor Maint Fees are not mentioned,does that affect the answers ?

Anonymous said...

Wizard - Question 50. I understand that the mere dilution with water would not alter the characteristics of the goods. However if the materials were all bought from different countries, and have different Tariffs and then "produced" (in this case mixed together) to alter the characteristic completely to a new tariff heading- Wouldn't the change in the Tariff qualify this as a Canadian origin? Any further explanation would be greatly appreciated.

Anonymous said...

I believe that for each correct answers customs should give more than 1.25 points. Just think that is a low point average for such hard exams. What does everyone think?

Anonymous said...

#60 Your reasoning would make B and C correct answers as C doesn't state when the blister pack would be removed so both would potentially end up in the end-consumers hand unlabeled. I'd leaned towards C since it specifies an exception for trade show material.
But I pretty much failed the exam so what do I know.
-Jaimie

Anonymous said...

Has anyone heard any reason why the exam is not posted yet on Customs web site? It seems they have posted past exams much quicker. I am wondering if there are rumors of issues with the test

Anonymous said...

I haven't heard anything but if you look online regarding when the Oct. 2008 answers were posted by customs it was 4 wks. after the date of exam. So I think this long a wait is normal. They actually state on the exam date that it can take 6-9weeks to receive the results via mail.
It's pretty ridiculous if you ask me!

Anonymous said...

I am checking CBP's website several times during the day with the hope that, at least, I see that they posted the exam, but that hasn't even happened yet... So, hopefully they post the results sometime next week and we receive the written notification soon after...

Anonymous said...

Did some people already receive their test results?

Anonymous said...

Anyone have any information with regard to CBP posting the test and the answer key. It seems like at the very least the test portion is overdue, October 08 was posted within two weeks. This is now the fifth week. ugh!

Anonymous said...

Has anyone heard anything about the exam? it has been a month (long month) and there are no answers yet... Wizard, any ideas why the delay?

Anonymous said...

I hope the delay has to do with the fact that they are debating some of the difficult questions and maybe they will throw them out or maybe some of the ones that have two possible answers.

Anonymous said...

CBP just post the April 2009 answersheet and exam in the website, but when you open it the answer sheet reads OCTOBER 2008 but the answers are for the APRIL 2009...

Anonymous said...

I don’t know why the header reads OCTOBER 2008… but the answers are for the April 2009 though.
I hope CBP finds out about this small error and that they fix it soon… hopefully they don’t change any of the answers, because I PASSED 61 correct = 76.25%!!!

Anonymous said...

Hope these answers are the correct one because I also PASSED 62 correct = 77.50%!!!!!!!!!!

Anonymous said...

This is my first time taking the test and I have between 20 and 22 wrong (guessed on a few, didnt write my answer). From past protests, how likely are they to approve a protest?

Anonymous said...

I missed 16!!!! Woo-Hoo!!!! 80%
I’m so glad I passed. I don’t know if I could have done this again. This was my second try and I studied so much and so hard this time around. I completely ignored my husband and kids for two months. But the hard part is over now the wait for the actual license begins :)

Anonymous said...

Is Q22 protestable?? my anwer is E

As Wizard Comments on Q22
While the Wizard originally selected Answer D, HTS Section XI Statistical Note 2(a) shed new light on the subject and prompted a change to Answer E.

Anonymous said...

I would like your feedback regarding protestable questions, I really need your help, I had 22 mistakes and want to appeal on 3 or 4 questions at least, I need to pass this exam so hopefully you can share some of your knowledge with me. I think may potential protests are: Q#24 (answer E),#60 ( answer C), Q#41( answer C), Q#47 (answer D).

Anonymous said...

Wizard please post any potential protestable questions

Wizard said...

Wizard on Protest Questions
For those of you who have asked about protest questions, please read through the comments posted to this article and the following:

CBP Posts Answers - May 6
Appeal - May 14

Several of our readers have offered questions and answers in these areas. The Wizard outlined potential protests for Questons 24 and 48 in the May 14 comments area.