- -12 the disparity in petitioner's and respondent's calculations. The correctly matched invoices, as heretofore noted, represent amounts actually paid by petitioner. Mr. Lee testified that petitioner never paid customs duties in excess of the amount on the duty form. The fact that these amounts represented accurate customs duties is supported by Mr. Lee's testimony that the Customs Service, during the years here in issue, never disapproved the duty charges as computed by Mr. Lee. Based on all of this evidence, we adopt respondent's calculations for the customs duties on documented sales on those items on which the duty charges can be matched with the correct invoices for garment sales with regard to the 1989 fiscal year. Respondent could not match the deemed sales with customs invoices. Respondent applied the lowest applicable rate from the matched duty charges to arrive at the amount she considered appropriate customs duties for deemed sales. Respondent applied the following rates:6 Garment Percentage Mens T/R/C jeans 14.17% Boys T/R/C jeans 14.05 Mens 100% acrylic sweater 11.86 Ladies 100% cotton jeans 11.86 Ladies T/R/C jeans 16.46 Boys/kids 100% cotton jeans 11.86 6 Respondent discarded two purchase invoices in her calculation because the duty rates were .22% and 48.43%, which were in amounts outside the normal range of other invoices.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011