CBP posted a new “Version 2.0” of its Customs Broker Guidance for the Trade Community on Sept. 8, adding new information on qualifying licensed individual brokers, recordkeeping requirements for broker separation from a client, filer code suspensions and CBP standards for responsible supervision and control, among other things.
The director of CBP's trade modernization office said CBP is packaging up the discussion drafts of what it would like to see in a 21st Century Customs Framework law, and sending them to the Office of Management and Budget so that the OMB can coordinate interagency comments and clearance of the language.
The executive at CBP responsible for the two pilot programs collecting data for Section 321 and Entry Type 86 told an audience of brokers that issuing a notice of proposed rulemaking on required data submissions for de minimis shipments is "of the highest priority at CBP right now." He repeated for emphasis, "The highest priority. From the commissioner down, it has been: 'When are we going to get the NPRM?'"
A potential Indirect Source Rule that the South Coast Air Quality Management District is considering, which would affect the ports of Los Angeles and Long Beach, is necessary to avoid greater disruption from federal action should port emissions remain unaddressed, the district said in an email Sept. 1. It also said it is working with stakeholders to "come up with a proposed regulation that is feasible and can improve air quality without impacting cargo flows."
CBP recently posted a request for information seeking input on its process for selecting accreditors of customs broker continuing education courses, the agency said in a CSMS message Sept. 8. “CBP seeks information from organizations that believe they are able to provide accreditation services as it specifically relates to licensed customs brokers,” the RFI said.
Rep. John Garamendi, D-Calif., is drafting legislation that could lead to new oversight over certain rail storage charges assessed by ocean common carriers against shippers on through bills of lading. The bill, which hasn't been completed, could require the Federal Maritime Commission and the Surface Transportation Board to “get together” and decide who should regulate those charges, a Garamendi staffer told us.
Rep. John Garamendi, D-Calif., is drafting legislation that could lead to new oversight over certain rail storage charges assessed by ocean common carriers against shippers on through bills of lading. The bill, which hasn't been completed, could require the Federal Maritime Commission and the Surface Transportation Board to “get together” and decide who should regulate those charges, a Garamendi staffer told us.
Byungmin Chae, a Nebraska man who took the customs broker license exam, petitioned the Supreme Court of the U.S. to hear his appeal of his test results. Chae appealed his test results to CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, receiving credit for some of the question answers he challenged, but ultimately falling just one correct answer shy of a passing grade on the April 2018 exam (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
A potential Indirect Source Rule that the South Coast Air Quality Management District is considering, which would affect the ports of Los Angeles and Long Beach, is necessary to avoid greater disruption from federal action should port emissions remain unaddressed, the district said in an email Sept. 1. It also said it is working with stakeholders to "come up with a proposed regulation that is feasible and can improve air quality without impacting cargo flows."
The Customs Business Fairness Act, a change to bankruptcy law that protects customs brokers, was in effect in 2021, but only as a temporary measure. Its proponents failed to pass a permanent change in 2022. The National Customs Brokers & Forwarders Association of America has made a significant advance in the more than 20-year fight to make it so that the money that brokers' clients give them to send to CBP to pay tariffs is not subject to clawback after a bankruptcy filing. The clawback provisions are there so that company insiders don't strip a company of assets through bonuses or other special financial treatment to preferred vendors in the last three months before a filing.