Administrative Procedures Flashcards

When CBP initiates a penalty action under 19 USC 1592, what is the first formal notice issued to the alleged violator?

Answer: A pre-penalty notice (Notice of Penalty)

CBP first issues a pre-penalty notice under 19 USC 1592(b)(1), which gives the alleged violator an opportunity to respond before a formal penalty is assessed.

A customs broker acting under a power of attorney for a client is legally considered:

Answer: An agent of the importer of record

A licensed customs broker acts as an agent of the importer of record, and the importer remains the responsible party for duties and compliance.

Which regulation governs the application process for a customs broker license?

Answer: 19 CFR Part 111

19 CFR Part 111 governs all aspects of customs broker licensing, including application, examination, conduct, and revocation.

An applicant for a customs broker license who fails the examination may retake it after waiting:

Answer: 6 months

Under 19 CFR 111.13(e), an applicant who fails the examination must wait at least 6 months before retaking it.

A broker's power of attorney from a partnership must be signed by:

Answer: A partner with explicit authority to bind the firm

For a partnership, the POA must be executed by a partner who has authority to bind the partnership, which may require evidence of that authority.

Under 19 CFR 111.28(b), a customs broker must report employee misconduct to CBP when:

Answer: The broker has credible evidence of dishonest conduct by a current or former employee

Brokers are required to report credible evidence of dishonest conduct by current or former employees to CBP under 19 CFR 111.28(b).

A customhouse broker license is issued to which of the following?

Answer: Natural persons, partnerships, associations, and corporations

Under 19 USC 1641, customs broker licenses may be issued to natural persons, partnerships, associations, and corporations that meet the regulatory requirements.