The U.S. Supreme Court on Jan. 22 denied Nebraska resident Byungmin Chae's petition for a rehearing of his petition for writ of certiorari seeking review of a question on his 2018 customs broker license exam. The decision marks the end of his legal remedies -- a process that saw Chae, mostly representing himself, take the case through multiple rounds of appeal at CBP, the Court of International Trade, the U.S. Court of Appeals for the Federal Circuit and the Supreme Court (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
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.
The Customs Rulings Online Search System (CROSS) was updated Jan. 23 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
International trade attorney Lindsay Meyer, co-chair of Venable's international trade group, has retired, according to a firm notice at the Court of International Trade. Meyer received her J.D. degree from the George Washington University Law School in 1987 and worked in international trade for over 30 years, covering trade remedies, the Foreign Corrupt Practices Act, and customs and homeland security matters. She also is a licensed customs broker.
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The Customs Rulings Online Search System (CROSS) was updated Dec. 20-22 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
Nebraska resident Byungmin Chae submitted a petition for rehearing en banc to the U.S. Supreme Court in a renewed attempt to get the high court to hear his appeal of the 2018 customs broker license exam. Chae, mostly representing himself, has seen his case through multiple rounds of appeal at CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, ending up one correctly answered question shy of a passing grade (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200). The court received the Nov. 17 petition on Dec. 18.
A customs broker can’t hire an unlicensed company to key in data on entry filings, even if the entries themselves are vetted and transmitted by the broker, CBP said in a recent ruling.
Trade Law Daily is providing readers with the top stories from last week in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The U.S. Supreme Court on Oct. 30 denied a petition for writ of certiorari regarding one question on Nebraska man Byungmin Chae's customs broker license exam. Chae took the test in April 2018 and subsequently took the result through multiple levels of administrative and judicial appeal before seeking Supreme Court review. He will remain one correct answer shy of the 75% threshold needed to pass the exam (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).