The practice of providing tariff schedule subheadings for merchandise sold to customers is "customs business," and requires a customs broker license even if a disclaimer is included that the customer shouldn't rely on the classification, CBP determined in a Sept. 29 ruling, released on Oct. 22.
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The practice of providing tariff schedule subheadings for merchandise sold to customers is "customs business," and requires a customs broker license even if a disclaimer is included that the customer shouldn't rely on the classification, CBP determined in a Sept. 29 ruling, released on Oct. 22.
The right third-party auditor is critical to the chances of success a foreign supplier may have in getting a withhold release order lifted on its products, customs lawyer Jessica Rifkin of Ben L. England and Associates said on Oct. 20. “The most important decision” that a producer can make is selecting an auditor whose results will be "credible and reliable,” she said during a webinar hosted by the National Customs Brokers & Forwarders Association of America.
CBP released a new “job aid” for customs brokers Oct. 20 on powers of attorney, as part of its broader effort to inform brokers of changes to the Part 111 regulations published two days prior (see 2210170027). The document includes a checklist of requirements for how brokers should execute a POA, and notes that the broker modernization final rule changed POA requirements by mandating that brokers execute POAs directly with an importer or drawback claimant, without going through a third party, such as a forwarder. The final rule also says compensation agreements between forwarders and brokers cannot forbid or prevent direct communication between an importer or claimant and the broker.
CBP posted to its Part 111 final rule webpage a list of customs brokers currently operating only on district permits who will be transitioned to national permits over the next two months. The agency said any brokers who aren’t on the list but think they should be included should reach out to “the Broker Management Officer at the port through which your license was issued and/or the Broker Management Branch.”
The Airforwarders Association and the National Customs Brokers & Forwarders Association of America say tax money is needed to underpin the air cargo industry, because of "substantial revenue shortfalls" at airports. "Because of the lagging financials, airports will be allocating the monies of the Infrastructure Act to passengers, security, and safety, leaving insufficient funds to sustain air cargo operations," the groups said Oct. 18.
CBP issued the following releases on commercial trade and related matters:
CBP released on Oct. 18 its new handbook on customs broker rules and procedures. The “Customs Broker Guidance for the Trade Community is a “resource for brokers conducting customs business in compliance with CBP regulations,” including information on long-standing requirements for customs brokers as well as new requirements under the Part 111 final rule issued by CBP on Oct. 18 (see 2210170071).
CBP provided more detail on factors it will consider when determining whether a customs broker is employing a “sufficient” number of licensed brokers under its new responsible supervision and control framework from the Part 111 rewrite (see 2210170071), in fact sheet released Oct. 19.