CBLE Valuation & Appraisement question: commission to find factories and inspect goods

CBLEValuation & Appraisement

An importer pays its own purchasing agent in China a 5% commission to find factories and inspect goods. The agent is not related to and does not work for the sellers. How is the commission treated in transaction value?

A It is added as a selling commission incurred by the buyer
B It is added only if it is shown on the commercial invoice
C It is not added, because it is a buying commission
D It is added as part of the price paid to the seller

Show the answer and explanation

Answer: C. It is not added, because it is a buying commission

19 CFR 152.103(b)(1)(ii) adds only selling commissions incurred by the buyer, and 152.102(b) defines a selling commission as one paid to the seller's agent, related to or controlled by, or working for, the manufacturer or seller. A commission paid to the buyer's own agent, independent of the sellers, is a buying commission and is not added. Showing it on the invoice does not change its nature, though CBP will look closely at whether the agency is bona fide. Source: 19 CFR 152.102(b), 152.103(b)(1)(ii) (eCFR, as at 7 Oct 2026).

Common mistake

Adding every commission regardless of whom the agent works for.

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Original study material mapped to the public CBP exam categories; not a real test question.Independent. Not affiliated with or endorsed by U.S. Customs and Border Protection (CBP). Verify figures and rules against current guidance before relying on them.