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CBP Filer Code Revocation Proposal a Major Concern with NCBFAA

The National Customs Brokers and Forwarders Association (NCBFAA) has some serious qualms with a recent CBP proposal that would establish a process for canceling a broker's filer code (see 13022521). CBP, which seems to want the ability to immediately shut…

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down a business, may not understand the severity of what the revocation of a filing code would mean, said Alan Klestadt, a lawyer with Grunfeld Desiderio and customs counsel for the association. Klestadt spoke at the NCBFAA conference April 10. NCBFAA will file comments in opposition and push CBP to withdrawal the proposal, he said. "I believe if this proposal goes forward, almost in any shape or form, even with provisions, the first time they use that authority, we're going to be in court." Even if the regulations go forward as is, "we're going to have to look at our remedies before they flex that muscle, said Klestadt. Outside of a conviction in court, "I can't really see a scenario where CBP can summarily pull a filer code."