US Waives Right to Reply to SCOTUS Petition on Customs Broker License Exam

The U.S. waived its right to reply to a Nebraska man's petition to the U.S. Supreme Court in his case appealing one question from the April 2018 customs broker license exam. Byungmin Chae previously appealed his test results to CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, receiving credit at every step of the way for some questions he challenged but ultimately falling one question shy of a passing grade (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).

His appeal to the high court challenges one question regarding which mail articles are not subject to examination or inspection by CBP. The U.S. said the correct answer is "Diplomatic pouches bearing the official seal of France and certified as only containing documents." Chae selected as his correct answer choice B, which included "Mail packages addressed to officials of the U.S. Government containing merchandise," arguing that both his and CBP's answer choices are correct (see 2309060039).