On August 12, 2009, CBP published proposed HQ H022168, which is intended to revoke HQ H006588 (Dec. 17, 2007). In HQ H006588, CBP determined that the importer did not meet its burden of establishing that payments made to a purported buying agent constituted bona fide buying commissions because there was insufficient documentary evidence to establish the existence of a bona fide buying agency relationship. Consequently, CBP held that payments made to the alleged buying agent were included in the transaction value of the imported goods as an addition to the price actually paid or payable. CBP reconsiders this position in HQ H022168 based on additional information regarding the control exercised by the importer/principal over the purported agent, and the importer’s revision of the buying agency agreement and a relevant joint venture agreement. CBP ultimately concludes that the particular payments at issue constitute bona fide buying commissions and, thus, are not included in transaction value as part of the price actually paid or payable or as an addition thereto. CBP will take no action until it considers written comments received on or before October 5, 2009.