The first electronic customs broker license exams will take place on Oct. 25, CBP said in a news release. Registration is open until Sept. 22 for that exam, it said. CBP adopted a final rule earlier this year to update the agency's testing procedures (see 1706290042).
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 customs broker's vessel entry and clearance services do not constitute customs business, CBP said in a recent ruling. The activities performed by the broker, Schenker, are all either not covered by CBP regulations on customs business or are specifically exempt, CBP said in ruling HQ H260075. Because the activities do not have to be performed by a customs broker, Schenker may expand its vessel entry and clearance services to other ports without having to get additional broker district permits, CBP said in the ruling, issued in April.
CBP is extending the comment period to Aug. 14 on an existing information collection related to regulations on customs brokers. CBP proposes (here) to extend the expiration date of this information collection with no change to the information collected but with an increase in the estimated burden hours associated with the collection, due to more applicants expected.
The submission of documentation related to the importation of personal and household effects is customs business, and a company can’t submit the required form on behalf of its employees returning to the U.S., CBP said in a recent ruling (here). Reversing an earlier ruling letter it issued in April, CBP found that Form 3299, “Declaration for Free Entry of Unaccompanied Articles,” may only be completed by the employee, a customs broker or an individual serving as the employee’s authorized agent.
CBP issued a final rule (here) that largely adopts the updates to the customs broker exam that the agency proposed last year (see 1609130032). The changes will help "modernize" the exam by allowing for automation, increasing the fee and adjusting the dates, it said. In response to some comments on the proposal (see 1611170030), CBP said it would maintain the ability to administer special licensing exams outside of the designated dates and would schedule exams for the fourth Wednesday, rather than Monday, in April and October.
The October customs broker’s license examination is scheduled for Wednesday, Oct. 25, CBP said in a notice (here). While usually scheduled for the first Monday in October, "to avoid concerns related to the commencement of the federal government’s 2018 fiscal year, CBP has decided to change the regularly scheduled date of the examination," CBP said. The exam typically consists of 80 multiple-choice questions, with a score of at least 75 percent required to pass.
Actions resulting from the Commerce Department’s ongoing national security investigation on steel imports could disrupt U.S. import-intensive industries and any remedies should be tailored to specific types of steel, companies said in comments to Commerce (here). Commerce recently posted comments it accepted through May 31 on its Section 232 investigation on steel imports, which would allow the Trump administration to impose tariffs, quotas or other import restraints if the review finds steel imports endanger U.S. national security. Commerce Secretary Wilbur Ross has said the department should finish the examination this month (see 1705240034).
A U.S. customs broker license isn't necessary to create a tariff classification database, file ruling requests and protests, prepare import manuals or conduct post-entry audit reviews in many cases, CBP said in a Jan. 26 ruling (here). Neville Peterson lawyer John Peterson filed the ruling request on behalf of a Canadian customs consultancy that is working with a multinational chemical company on providing resources related to imports into the U.S. CBP agreed to keep confidential the identifying information of the companies involved in the ruling.
Employees for national customs permit holders may submit entries from a remote location, considered to be "customs business," as long as there's sufficient responsible supervision and control, CBP said in a March 21 ruling (here). That ruling, HQ H258892, involved Superior Brokerage Services (SBS), which holds local port permits and a "national permit in order to file entries remotely from their Minneapolis/St. Paul and Miami locations," CBP said. The company sought CBP input on whether its unlicensed employees in the Chicago freight forwarding office would be allowed to transmit entries remotely on weekends through the Automated Broker Interface (ABI), ACE or the Automated Commercial System. The law allows for only certain people to be involved in "customs business."
CBP is seeking comments by June 5 on existing information collections pertaining to customs brokers. CBP proposes (here) to extend the expiration date of this information collection with no change to the information collected or to the estimated burden hours associated with the collection.