CBP will be holding a “retest” for people who experienced technical difficulties during the Oct. 8 customs broker license exam, said Melba Hubbard, CBP branch chief, Broker Management, Commercial Operations Revenue & Entry Division. Hubbard spoke during the virtual Western Cargo Conference Oct. 23. CBP previously mentioned some issues reported by test takers (see 2010200041), but said those issues didn't affect most of the people taking the test. The problems involved the “electronic references,” and CBP “will be providing a retest for those individuals, coming in 2021,” she said. Hubbard also said that, due to the COVID-19 pandemic, CBP is planning to send broker licenses directly to brokers rather than requiring them to pick them up from a CBP office.
Licensed Customs Broker
Customs brokers are entities who assist importers in meeting federal requirements governing imports into the United States. Brokers can be private individuals, partnerships, associations or corporations licensed, regulated and empowered by U.S. Customs and Border Protection (CBP). Customs brokers oversee transactions related to customs entry and admissibility of merchandise, product classification, customs valuation, payment of duties, taxes, or other charges such as refunds, rebates, and duty drawbacks. To obtain a customs broker license, an individual must pass the U.S. Customs Broker License Exam. Customs brokers are not government employees and should not be confused with CBP officials. There are approximately 11,000 active licensed customs brokers in the United States.
A CBP review of system issues for customs broker exam takers found few cases of reduced time, the agency said in a CSMS message. CBP recently said there were reports of problems with the electronic test on Oct. 8 (see 2010150034). “A thorough investigation was conducted and it was determined that there was no time lost for the majority of [Customs Broker License Examination] testers,” it said. “This means the majority of testers, regardless of delays[,] had access to the exam for the timeframe allotted.”
A New Jersey freight forwarder has agreed to shipper and importer verification requirements, as well as conditions on acting as a go-between for customs brokers and importers, as part of a settlement of a trademark suit filed by Nike in the Southern New York U.S. District Court.
FDA is issuing new regulations that allow importation of prescription drugs from Canada. Under the final rule, FDA may approve “Section 804 Importation Programs” (SIPs) sponsored by a state, tribal or territorial governmental entity. The registered wholesaler or pharmacy identified by the SIP as the importer could then import the specified drug from an FDA-registered, Health Canada-licensed wholesaler that buys the drug directly from its manufacturer. The final rule is set for publication in the Oct. 1 Federal Register, and takes effect Nov. 30.
Customs brokers and a trade attorney urged trade professionals to work with their importers now to prepare for enforcement of USMCA next year. Monica DeMars, manager of corporate customs for C.H. Robinson, told attendees at a National Customs Brokers & Forwarders Association of America conference session on Sept. 18 that when CBP begins enforcing USMCA, it will look at July-December entries from this year, not just start enforcing prospectively.
The advance notice of proposed rulemaking on continuing education for licensed brokers is currently circulating in CBP for review, said CBP Deputy Commissioner Robert Perez. Perez was speaking at an online conference of the National Customs Brokers & Forwarders Association of America on Sept. 14. He did not say what kind of mandatory requirements would be part of the plan, but said that it will include a methodology for approving education accreditors, and said that the agency has “taken into account the excellent feedback from you and other trade stakeholders.” The NCBFAA supports mandatory continuing education, but has been concerned about the details (see 2002130025).
CBP is seeking comments by Oct. 26 on an existing information collection request on customs broker triennial reports, applications for broker permits and licensing exams, it said in a notice Aug. 27. CBP proposes to extend the expiration date of this information collection with no change to the burden hours or the information collected.
CBP issued the following releases on commercial trade and related matters:
CBP opened up registration for the Oct. 8 customs broker license exam, it said in a CSMS message. CBP canceled the exam in April and was considering steps to administer the October exam safely (see 2007170029). The exam will have two sessions, at 8:30 a.m. and 1:30 p.m., CBP said. “Doors will open for the exams, a minimum of 30 minutes prior to the exam.” Seating is first-come, first-served “and due to coronavirus (COVID 19) or other unanticipated events, seating may be limited at certain testing locations.” Registration closes Sept. 8.
Full compliance with the CBP proposal to revamp multiple government standards customs brokers are required to meet (see 2006040037) would likely take at least a year to complete, and potentially more, the National Customs Brokers & Forwarders Association of America said in comments filed Aug. 4. The updates would require dramatic changes during an already especially complex time in the industry and the broader economy, it said. Comments in the docket are due Aug. 4.