NCBFAA Asks Membership for Lobbying Help on Bankruptcy Provision

The National Customs Brokers & Forwarders Association of America urged its members to share information about where their employees work, and to make calls to their representatives so that a temporary change to bankruptcy law that benefits brokers does not expire at the end of the year. The group "had several calls over the last couple weeks to rally congressional members to support" the Customs Business Fairness Act, Legislative Committee Chair Laurie Arnold said. “The overwhelming comment we receive during these conversations is ‘how many constituents are in my district that this would help?’ It is very difficult for us to give a good answer since we don’t have a complete list from our members.” This year, if an importer declares bankruptcy, the duties that brokers passed through to CBP in the 90 days before the bankruptcy filing are not subject to clawback. But if the provision expires, NCBFAA says, "We are left in the middle holding the bag and potentially on the line to hand over millions of dollars, depending on the size of the importer, to the bankruptcy trustee." The group lobbied for more than 20 years to get this change, "and we now have it," they wrote in an advisory to members. "Don’t let it slip away!"