CBP’s April 2022 customs broker license exam had a 39.6% pass rate, which is “relatively high compared to past examinations,” according to a document posted by CBP for the June 29 Commercial Customs Operations Advisory Committee meeting. Despite having offered the exam remotely for its April and October 2021 exams, the April 2022 exam was only offered at on-site testing centers, the document said. CBP is “committed to bringing back the remote exam option,” and is currently looking at lessons from its two previous exams for future implementation, Brandon Lord, CBP deputy executive director-trade policy & programs, said at the meeting.
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.
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The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely June 29, CBP said in a notice. Comments are due in writing by June 24.
The Court of International Trade in a June 6 opinion dismissed test taker Byungmin Chae's lawsuit contesting five questions on the customs broker license exam. Judge Timothy Reif said CBP was right to dismiss Chae's appeal of four of the questions but that the agency wrongly denied the test taker's appeal for the fifth question. The reversal of one question wasn't enough to for a passing grade for Chae, who was two questions shy of the 75% threshold needed to pass the test.
TUCSON, Arizona -- Despite initial concerns around national permits that focused on the devaluation of the customs broker license and reduced hiring of licensed brokers, the industry should be more concerned with new responsible supervision and control criteria included in CBP’s June 2020 proposed rule amending Part 111 to eliminate district permits (see 2006040037), according to panelists speaking at the National Customs Brokers & Forwarders Association of America annual conference on May 3.
The submission or completion of CBP and Department of Defense forms related to imports of household goods and personal effects constitutes "customs business" and requires any third-party filers to be licensed customs brokers, the agency said in September ruling that was recently released. The ruling came in response to an internal CBP information request from the Port of Baltimore on the requirements for the submission of CBP forms 3461, 7501, 3299, and DOD Form 1252.
CBP will make three changes to its "debt management processes to increase transparency and access to information for debtors and sureties," it said in a March 16 notice. "One of the enhancements will support importers of record, licensed customs brokers, and other Automated Commercial Environment (ACE) account users who owe debts to CBP by enabling the electronic viewing of bill sanction status and protest details in the unpaid, open bill details report in ACE," it said. "The other two enhancements will facilitate compliance for sureties by providing electronic access to the monthly report listing open delinquent bills by importer name (i.e., the Formal Demand on Surety for Payment of Delinquent Amounts Due, also informally referred to as the 612 Report) in ACE (in lieu of CBP emailing this information to sureties) and improving the content and design of the mailed 612 Report."
CBP should recognize imports of goods under the $800 de minimis threshold as entries, as a way to help prevent low value goods made with forced labor from coming into the U.S., the National Customs Brokers & Forwarders Association of America said in comments to DHS on implementing the Uyghur Forced Labor Prevention Act. "By treating the commercial de minimis exemption instead as an entry of merchandise, the Government can continue to promote the administrative ease that section 321 affords legitimate gift and personal use shipments, while also ensuring goods imported under the commercial de minimis exemption are eligible and admissible and pose no threat to our country’s economy, safety, health, or security and particularly are free of forced labor," the trade group said.
CBP is requesting comments on new data elements meant to help with vetting members of the Customs-Trade Partnership Against Terrorism, it said in a notice. "Additional information is being collected based on CTPAT’s new vetting process as the prior vetting process was found to be insufficient in being able to identify violators," the agency said. "Not collecting this information would result in companies that are high risk for committing illegal activity to be allowed into, and continue to be part of, the CTPAT program." CBP’s National Targeting Center found the previous "vetting process to be ineffective in capturing high risk companies," resulting in such companies being "allowed to be CTPAT members and enjoy the many trade facilitation benefits of membership," it said.
The following lawsuits were filed at the Court of International Trade during the week of Feb. 7-13: