Well currently, the new batches that came on a local mall here in UAE(they've been out of stock for weeks) is all but confirmed to have the latest firmware in it. I bought 2 Black N3DS XL and both of them are on 11.0. Last week, the Fire Emblem Fates Special Edition N3DS XL is confirmed to have 11.0 too. These are all official UAE version(US). How about in your place? I can confirm that on their previous stock that all of them were below 10.7 since I purchased once a month from them.