CBP should take action to improve issues of inadequate desk space, exam formats and question structures, among other things, the National Customs Brokers & Forwarders Association of America said in an Oct. 31 letter to the agency. The NCBFAA sent the letter after soliciting comments from those who took the October customs broker license exam, it said. The lack of desk space was the more frequent complaint, due the required use of the printed Harmonized Tariff Schedules and the Customs Regulations. "There can be no doubt that the space limitation had a material adverse effect on the outcome of the examination," the NCBFAA said. "This issue must be remedied for future examinations." CBP should also work with the proctoring company to "create a uniform testing experience in an optimal testing environment," the NCBFAA said. CBP didn't immediately comment.
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.
RANCHO MIRAGE, Calif. -- CBP has “kicked off” an industry task force on customs broker continuing education requirements, and is committed to 2020 “being the year that we will tackle continuing education together” with the trade community, said Cynthia Whittenburg, deputy executive assistant commissioner of CBP’s trade office, at the Western Cargo Conference (Wesccon) on Oct. 11.
The proposed minimum information requirements for broker verification of importer clients includes some onerous provisions that could reduce the use of customs brokers, the National Customs Brokers & Forwarders Association of America said in comments to CBP on the proposal (see 1908130031). The proposal seems to let self-filers avoid the verification requirements, which seems likely to promote the use of self-filing by the parties that are being targeted by CBP, the group said. Comments on the proposal are due Oct. 15.
CBP issued the following releases on commercial trade and related matters:
CBP issued the following releases on commercial trade and related matters:
CBP is moving the fall 2019 customs broker license examination to Oct. 17, it said in a notice. Originally scheduled for Oct. 23, the exam is being moved up “due to an unforeseen impediment to optimal conditions for administering the test,” CBP said.
CBP is issuing a proposed rule that would set minimum requirements for customs brokers to collect and verify information on their importer clients. Under the proposal, CBP would require brokers to collect certain information from their clients at the time they obtain power of attorney (POA), and then verify that information and retain records on the information and verification activities. Importer information and verification would have to be updated annually. Comments on the proposed rule are due Oct. 14.
Recent Court of International Trade decisions leave the door open for confusion among importers and customs brokers on tariff classification, customs lawyer Larry Friedman said in an April 17 blog post. Though CIT found in an April 8 decision that use is not a consideration when classifying locking pliers imported by Irwin Industrial Tool Company(see 1904100037), it’s still unclear when use should or should not be considered in light of a 2014 Federal Circuit decision that use should be considered when classifying GRK wood screws (see 14080420). Neither tariff provision includes the terms “for use as” or “for use with,” both of which clearly signal a use provision. “Classification is a legal analysis. It is, at the same time, also performed every day by thousands of non-lawyers who are engaged in making compliance decisions for importers large and small,” Friedman said. “Even licensed brokers are not always fully aware of the details of the legal analysis of tariff language. Bright line tests are necessary to facilitate trade and to avoid creating traps for the average importer, for whom the statute is allegedly written in the language or ordinary commerce.”
Industry groups and unions continued to react to the International Trade Commission's analysis of the new NAFTA the day after the report was released, with most saying the report confirmed what they already knew.
Commercial trucks coming into the U.S. from Mexico are facing lengthy delays as CBP shifts port of entry personnel to help with border patrol, according to industry updates. "The result is rapidly changing conditions and very long wait times compared to normal operations," C.H Robinson said in a client advisory with multiple port updates. It appears that policymakers are trying to establish rules that would allow freight to continue to flow while restricting the border for people and passengers." CBP's list of border wait times shows wide disparity in length of waits among the Southern ports, though most of the major ports have some delays.