The tested assertion (id "da") for org.jboss.cdi.tck.tests.lookup.dynamic.DynamicLookupTest#testDuplicateBindingsThrowsException says:

If two instances of the same non repeating qualifier type are passed to |select()|, an |IllegalArgumentException| is thrown.

There is no requirement for instances being the same. The important part is "the same non repeating qualifier type" and that's exactly what is tested in given test.