CBP Initial Determination Malaysia Transshipping February 2022 | Seite 12

number

] 7803 . With respect to entry information , Kat also did not provide many documents number

requested and was unable to tie the documents it did submit to entry [ ] 7803 . Therefore , CBP is unable to determine that the country of origin of the QSP entered by Kat was Malaysia .

Nomadic

On November 10 , 2021 , CBP requested from Nomadic information concerning entry number [ number date

] 8097 , entry date [ ].

76 Nomadic submitted a timely but partial response on December 17 , 2021 . 77 As outlined below , Nomadic ’ s response to the CF28 contains multiple discrepancies and is not complete . Therefore , TRLED is unable to rely on the information contained in the CF28 response to determine where the imported QSP was manufactured .

number

Nomadic indicated the Malaysian supplier for entry [ ] 8097 is Ever Stone . 78 As part of its CF28 response , Nomadic provided certain information regarding the QSP production

number

process . 79 Specifically , it submitted [ number ] photographs and [ ] videos of Ever Stone ’ s QSP production equipment and factory . 80 Nomadic also provided a narrative response describing the equipment used in production of QSP , the production capacity of the equipment , and the production process , as requested by CBP .

81 It claims that the machines used in the production of QSP are [ equipment ] machine . 82

In terms of raw material acquisitions , Nomadic provided a partial response to the questions in the CF28 . As requested , Nomadic provided raw material purchase orders for inputs that it claims input input input input

were used in production of QSP . This includes [ input ], [ ], [ ], [ ], [

input input date

], [ ], and [ ]. 83 Each of these purchase orders is dated , [ ].

84 Nomadic also provided proof of payment for each raw material , which corresponds directly to the total value listed for each raw material acquisition in each purchase order . 85 However , this documentation ( i . e ., the raw material purchase orders and proof of payment ) is the same information that Kat submitted in its CF28 response . Further , there is no explanation to account for this in either Kat ’ s or Nomadic ’ s reporting . As such , CBP cannot rely on this information in determining where the QSP was produced and who produced it .

Similarly , Nomadic provided commercial invoices for each of the raw material acquisitions . 86 In comparison , Kat only provided one commercial invoice for quartz sand .

87 Nomadic ’ s and Kat ’ s quartz sand commercial invoices list different suppliers , but are dated the same day , [ date ], number and for the exact same values ( i . e ., MYR [ ]) and the exact same total quantities and grit

76

See CF28 issued to Nomadic , dated November 10 , 2021 ( Nomadic ’ s CF28 Request ).

77

See Nomadic ’ s CF-28 Response , dated December 17 , 2021 ( Nomadic ’ s Response ).

78

See , e . g ., Nomadic ’ s Response at 2 .

79

Id .

80

Id . at Exhibits 12 and 13 .

81

See Nomadic ’ s CF28 Request ; and Nomadic ’ s Response at 10-11 .

82

See Nomadic ’ s CF28 Response at Exhibit 12 and 10-11 .

83

Id . at Exhibits 4 , 5 , and 6 , and 5-6 and 8-9 .

84

Id . at Exhibit 6 .

85

Id . at Exhibit 9 .

86

Id . at 4 and 6 ; and Exhibits 2 and 8 .

87

See Kat ’ s CF28 Response .
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