CBP Clarifies Where to Send Final Appeal for Failing CHB Exam Grade
U.S. Customs and Border Protection has issued a final rule, effective October 13, 2009, amending its regulations to specify the proper CBP official who is authorized to receive a final administrative appeal for a failing grade on the customs broker license examination.
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Final Appeals Should be Submitted to Asst Commissioner of Office of Int'l Trade
CBP's final rule amends 19 CFR 111.13(f) to specify that examinees should submit final administrative appeals to CBP's Assistant Commissioner, Office of International Trade.
Prior to this final rule, the regulations provided that the final administrative appeal on a failing grade on the broker's exam should be sent in writing to the Secretary of Homeland Security, or their designee.
Accordingly, 19 CFR 111.13(f) is amended to read as follows:
Appeal of failing grade on examination. If an examinee fails to attain a passing grade on the examination taken under this section, the examinee may challenge that result by filing a written appeal with Trade Policy and Programs, Office of International Trade, U.S. Customs and Border Protection, Washington, DC 20005 within 60 calendar days after the date of the written notice provided for in paragraph (e) of this section.
CBP will provide to the examinee written notice of the decision on the appeal. If the CBP decision on the appeal affirms the result of the examination, the examinee may request review of the decision on the appeal by writing to the Assistant Commissioner, Office of International Trade, U.S. Customs and Border Protection, within 60 calendar days after the date of the notice on that decision.
CBP contact- Russell Morris (202) 863-6543
CBP final rule (CBP Dec. 09-38, FR Pub 10/13/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-24489.pdf