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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 U.S. waived its right to reply to a Nebraska man's petition to the U.S. Supreme Court in his case appealing one question from the April 2018 customs broker license exam. Byungmin Chae previously appealed his test results to CBP, the Court of International Trade and the U.S. Court of Appeals for the Federal Circuit, receiving credit at every step of the way for some questions he challenged but ultimately falling one question shy of a passing grade (Byungmin Chae v. Janet Yellen, U.S. Sup. Ct. # 23-200).
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.
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).
The U.S. Court of Appeals for the Federal Circuit denied customs broker license exam test taker Byungmin Chae's combined petition for panel rehearing and rehearing en banc of the appellate court's opinion landing him just one question short of passing the exam taken in April 2018. The court said Chae's petition was referred to the panel that heard the case, comprising Judges Pauline Newman, Sharon Prost and Kimberly Hughes, and was then circulated to all the judges in regular active service. A month prior, the court rejected duplicates of Chae's petition seemingly filed in error.
The U.S. Court of Appeals for the Federal Circuit rejected customs broker license exam test-taker Byungmin Chae's petition for rehearing in his pro se case challenging the answers to a handful of questions on the April 2018 exam. Judges Pauline Newman, Sharon Prost and Kimberly Hughes rejected the petition in a per curiam order. After failing the exam initially, Chae appealed his results twice to CBP, once at the Court of International Trade and once at the Federal Circuit, leaving him just one question shy of a passing grade (see 2305100030). His rehearing bid centered on one question that was previously considered by the appellate court (Byungmin Chae v. Janet Yellen, Fed. Cir. # 22-2017).
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. Court of Appeals for the Federal Circuit upheld CBP's decision not to grant credit to customs broker license exam test taker Byungmin Chae of Elkhorn, Nebraska, for two questions on the April 2018 exam. Judges Pauline Newman, Sharon Prost and Todd Hughes granted Chae credit for one of three questions he challenged, but that was insufficient to bring him up to the 75% threshold needed to pass the test.
The Commerce Department has the statutory authority to conduct expedited countervailing duty reviews, the U.S. Court of Appeals for the Federal Circuit held April 25. Reversing a Court of International Trade ruling concerning imports of certain softwood lumber products from Canada, Judges Timothy Dyk, Jimmie Reyna and Richard Taranto said that authority for the review process is found in the Uruguay Round Agreement Act's enactment of certain provisions that favor individual company determinations and the URAA's "grant of regulatory-implementation power to Commerce." Taranto, the opinion's author, added that logically, it is clear why an expedited process may be needed to ensure that the individualized determination preference of the statute is implemented.
Trade Law Daily is providing readers with the top 20 stories published in 2022. All articles can be found by searching on the titles or by clicking on the hyperlinked reference numbers.