CBP Initial Determination Malaysia Transshipping February 2022 | Page 16

the total m3 listed on the invoice . ¹²⁰ There is also no invoice number listed on the commercial invoice and no packing information which would enable CBP to tie these entry documents . ¹²¹

In its narrative response , Opaly stated that packing costs are included in the invoice ; however , no packing information is listed on either the proforma or commercial invoice . ¹²² Subsequently , in another portion of its narrative response , Opaly explained that the cost of packing is distributed directly to each quartz slab . ¹²³ Further , Opaly did not submit a purchase order or proof of payment , as requested by CBP . ¹²⁴ Opaly provided information regarding its forwarding agents , intermediaries , and subcontractors . ¹²⁵

In sum , with respect to the production of QSP in Malaysia , Opaly and Ever Stone did not answer most of the questions in the CF28 . Further , the documentation provided did not tie information ( i . e ., raw materials or finished QSP ) to the exact amount of QSP covered under entry number [ number

] 8142 . With respect to entry information , Opaly also did not provide most of the number documents requested and was unable to tie all of the documents it submitted to entry [ ] 8142 . Therefore , CBP is unable to determine that the country of origin of the QSP entered by Opaly was Malaysia .

Big D

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

] 8665 , entry date [ ^date ], and entry number [ ] 3764 , entry date [ ].

¹²⁶ Big D submitted a timely but partial response on December 12 , 2021 . ¹²⁷ As outlined below , Big D ’ s CF28 Response contains multiple discrepancies and is not complete . Therefore , TRLED is unable to rely on the information contained in Big D ’ s CF28 Response to determine the country of origin of its QSP entries . number

Big D indicated the Malaysian manufacturer for entry [ ] 8665 is MSI , and the Malaysian

date

manufacturer for entry [ ] 3764 is [

^company ]. ¹²⁸ Big D provided no information for [ company

] in its CF28 response , and thus , appears to have not responded at all to CBP ’ s requests number for information for entry [ ] 3764 .

number

With respect to entry [ ] 8665 , Big D and MSI did not answer most questions contained in the CF28 . Specifically , the following requested information was not provided with respect to the production of the entry at issue : ( a ) complete production records , including raw material purchase orders , commercial invoices , transportation documents and proof of payment ; ( b ) container load plans from each raw material manufacturer , including the dated receipt and signature of receipt for raw materials ; ( c ) foreign customs documentation for all raw materials , if

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See , e . g .,

buildingclub . info / calculator / m2-to-m3 /. This public website for a conversion from m2 to m3 .

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Id .

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Id .

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Id .

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Id . See also Opaly ’ s CF28 Request .

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Id .

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See CF28s issued to Big D , dated November 10 , 2021 ( Big D ’ s CF28 Request ).

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See Big D ’ s CF28 Response , dated December 12 , 2021 ( Big D ’ s CF28 Response ).

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See Big D ’ s CF28 Response ; NTAC Big D Report , dated November 3 , 2021 ( NTAC Big D Report ).

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