19 C.F.R. § 10.21

Updating cost data and other information

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When a claim for the exemption is predicated on estimated cost data furnished either in advance of or at the time of entry, this fact should be clearly stated in writing at the time of entry, and suspension of liquidation may be requested by the importer or his agent pending the furnishing of actual cost data. Actual cost data must be submitted as soon as accounting procedures permit. To insure that information used for Customs purposes is reasonably current, the importer shall ordinarily be required to furnish updated cost and assembly data at least every six months, regardless of whether he considers that significant changes have occurred. The 6-month period for the submission of updated cost or other data may be extended by the Center director if such extension is appropriate for the type of merchandise involved, or because of the accounting period normally used in the trade, or because of other relevant circumstances.

[T.D. 75-230, 40 FR 43025, Sept. 18, 1975]

Notes of Decisions

Cited in 5 cases, 1980–1998 · leading case: St. Paul Fire & Marine Ins. Co. (Sur. for Carreon, Inc.) v. United States, 6 F.3d 763 (Fed. Cir. 1993).

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St. Paul Fire & Marine Ins. Co. (Sur. for Carreon, Inc.) v. United States, 6 F.3d 763 (Fed. Cir. 1993). · cites it 2× “Paul demonstrates that all of the first extensions for each of the 41 entries were made after Carreon had defaulted on its obligation under 19 C.F.R. § 10.21 (1993) to provide updated cost data.”

United States v. Rockwell Int'l Corp., 628 F. Supp. 206 (Ct. Intl. Trade 1986). “While the dutiable values of components listed in estimated declarations may reasonably be expected to represent only estimations, see 19 C.F.R. § 10.21 (1977), the primary purpose of filing documentation in connection with foreign assembly operations is to ascertain which…”

Carlingswitch, Inc. v. United States, 500 F. Supp. 223 (Cust. Ct. 1980). “If upon entry the costs are estimated by the importer, after entry such estimated costs must be updated and the actual costs furnished as soon as possible (19 CFR 10.21). With these considerations in mind, on November 27, 1973, plaintiff submitted actual cost sheets to the…”

St. Paul Fire & Marine Ins. v. United States, 799 F. Supp. 120 (Ct. Intl. Trade 1992). “19 C.F.R. § 10.21 (1991) (emphasis added).”

United States v. Outboard Marine Corp., 22 Ct. Int'l Trade 809 (Ct. Intl. Trade 1998). “19 C.F.R. § 10.21 (1987). In this case, plaintiffs penalty action is not based on OMC’s choice of valuation methodology for the assembled merchandise.”

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