April 2026 CBLE · Category V: Entry / Entry Summary · Question 43 of 80

April 2026 CBLE, question 43

When evaluating an application for Lever-rule protection against gray market articles in accordance with 19 CFR 133.2(e), which of the following is NOT a physical and material difference that CBP may consider between articles authorized for importation or sale in the United States and those not so authorized?

  1. Differences resulting from legal or regulatory requirements, certification, etc.
  2. Differences in the formulation, product construction, structure, or composite product components, of both the authorized and gray market product.
  3. The retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.
  4. Performance and/or operational characteristics of both the authorized and gray product.
Show the official answer

Official answer: C: The retail price of the product authorized for sale in the United States and the retail price of the unauthorized gray market product.

Citation in CBP's key: 19 CFR 133.2(e)

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