CBP Initial Determination Malaysia Transshipping February 2022 | Page 13

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variations ( i . e ., [ ]).

⁸⁸ There is no other information on the record to demonstrate or tie these raw material purchases to the actual production of QSP for this entry . As a result , CBP also cannot rely on this information in determining origin of the QSP .

Additionally , Nomadic submitted Ever Stone ’ s E-catalogue , a “ material composition ” list , “ material application record ,” “ material entry records ,” “ slab production sheet ” records , employee time sheets , and packaging costs . ⁸⁹ The material entry records are all dated , [ ^date ], and the purchase orders specify the mode of delivery ( i . e ., truck ) for the raw materials . ⁹⁰ However , Nomadic did not provide dated transportation documents for raw materials or container load plans from the manufacturers of the raw materials , as requested by CBP . ⁹¹ In description

addition , the time sheets are either [ ]; therefore , it is not possible to determine whether there was actual production of QSP .

⁹² For this reason , it is not possible to tie the information in the time sheets to any of the information in the slab production sheets . Moreover , according to Nomadic , the time sheets “[ ^description ],” and thus , cannot be tied to the other production records . ⁹³ As such , there is no documentation demonstrating that the raw materials were shipped to Ever Stone and that Ever Stone produced the QSP in question .

Nomadic provided all business information requested from CBP in its CF28 Request . According to Nomadic , it and Ever Stone are separate corporate entities that bear no relation to one another . ⁹⁴ Nomadic also provided a history of Ever Stone ’ s business and corporate officer names and information . ⁹⁵ Ever Stone ’ s business registration information lists [ ^number ], Mr . [ person number

], as the [ ] of Ever Stone . ⁹⁶

Finally , CBP requested entry transaction information from Nomadic . ⁹⁷ Of the requested entry documents , Nomadic provided a commercial invoice , purchase order , bill of lading , and proof of payment . ⁹⁸ Additionally , Nomadic submitted a CBP 7501 entry summary form , packing list , certificate of origin , and declaration summary of exported goods . ⁹⁹ The total value of goods number number

covered by entry number [ ] 8097 is listed as USD [ ] in the commercial invoice .

¹⁰⁰ This same total value is also listed on the purchase order and 7501 entry summary . ¹⁰¹ number number

Total quantity is listed as [ ] pieces or [ ] meters squared ( m2 ) on the commercial invoice . In comparison , the same total quantities are listed on the purchase order , but the 7501

88

See Nomadic ’ s Response at Exhibit 8 ; and Kat ’ s CF28 Response .

89

See Nomadic ’ s Response at 4-11 ; and Exhibits 3 , 4 , 5 , 7 , 10 , 11 and 14 .

90

Id . at 5 and 6 ; and Exhibits 6 and 7 .

91

See Nomadic ’ s CF28 Request .

92

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

93

Id . at 10 .

94

Id . at 11-12 .

95

Id . at 11-12 , and Exhibit 15 .

96

Id . at Exhibit 15 .

97

See Nomadic ’ s CF28 Request .

98

See Nomadic ’ s Response at 12-13 , and Exhibit 16 .

99

Id .

100

Id .

101

Id .

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