CBP Initial Determination Malaysia Transshipping February 2022

CBP additionally requested information about Ever Stone ’ s manufacturing operations including how long the factory has been open , factory owner / corporate officer information , and whether Colorquartz and Ever Stone are related entities . As indicated above , in response to these questions , Colorquartz did not provide any of this requested information in its CF28 responses . ⁴³ Without such information , CBP cannot determine whether Colorquartz and Ever Stone are related entities or analyze Ever Stone ’ s claimed manufacturing capabilities .

Finally , CBP requested entry transaction information from Colorquartz . ⁴⁴ Of the requested entry documents , Colorquartz provided purchase orders , proforma invoices , commercial invoices , packing lists , certificates of origin , and bills of lading . ⁴⁵ The commercial invoice covering entry number number number

number [ ] 6825 lists a total value of USD [ ] and a quantity of [ ] pieces

number

of QSP . The commercial invoice covering entry number [ ] 0236 lists a total amount of

number number

USD [ ] and a quantity of [ ] pieces of QSP .

⁴⁶ The packing lists indicate that number number number number

gross weight for the [ ] and [ ] piece shipments is [ ] kgs and [ ]

number

kgs , respectively . ⁴⁷ For the [ ] piece order , the bill of lading lists a similar total quantity

number

to the packing list of [ ] kgs ; however , the Malaysian certificate of origin appears to

contain an error , because it lists a total quantity of [ number reported for the [ are all the same ( i . e ., [ ] kgs ). number

] kgs . In comparison , the quantities ] piece entry in the packing list , bill of lading , and certificate of origin number

Colorquartz did not provide proof of payment or any information for forwarding agents , intermediaries , or subcontractors , as requested by CBP . ⁴⁸ Without this information , CBP is unable to determine whether Ever Stone produced this QSP in Malaysia . There is also no way to understand any potential business relationships / affiliations between Colorquartz and Ever Stone , or to tie these shipments to any payment records .

In sum , with respect to the production of QSP in Malaysia , Colorquartz 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

numbers [ ] 6825 and [ ] 0236 . With respect to entry information , Colorquartz provided some of the requested documents , but was unable to tie the documents it did submit to the entry numbers . Therefore , CBP is unable to determine that the country of origin of the QSP entered by Colorquartz was Malaysia .