PrepTest 139, Section 1, Question 6

Must Be TrueDifficulty1 of 5
The questionFull text in your LawHub copy of PrepTest 139

A company that imports and sells collectibles sought(56 more words not shown)

Which one of the following(11 more words not shown)

Reading the argument

Could something be both a collectible and a toy? A figurine might amuse an adult collector just as a toy amuses a child. That doesn't yet tell us which tariff category it belongs in.

The company understandably wants the lower tariff. Its argument points to what the figurines do: they amuse customers. The agency instead points to how they're sold: as collector's items. Those are different ways of deciding what category to use.

What we’re looking for

To justify the agency's decision, give its criterion priority. If tariff classification should depend mainly on how a product is marketed, the agency has a reason to treat these figurines as collectibles. We don't need to settle the everyday meaning of “toy” for every possible object. We need a rule that makes the agency's stated reason support its decision.

Working the answers

  • A
    Correct

    The agency relies on how the figurines are marketed, and this principle says that should be the primary basis for tariff classification. Since the company markets them as collector's items rather than toys, the principle supports refusing the requested toy classification. The fact that the items also amuse people doesn't displace the stated primary criterion.

  • B

    This explains why the company would seek the toy classification: it would pay less. But a company's interest in lowering its bill isn't a rule the agency should use to decide whether that classification is appropriate. B supports making the request, not rejecting it.

  • C

    Typical use could be a basis for classification, but the passage doesn't tell us that the figurines are typically used as toys. Amusing a customer isn't enough to establish that. More importantly, the agency gives marketing as its reason; C substitutes a different criterion.

  • D

    We know the figurines amuse customers, not that they were developed primarily to provide amusement. And if D did apply, it would support giving them lower tariffs. The agency's decision goes the other way: it rejects the company's request for the lower toy tariff.

  • E

    This advises the company how to market a product to obtain a higher selling price. The question concerns how the government should classify that product for tariffs. E supplies no connection between the marketing choice and the classification decision.

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