I just reviewed a draft of an applicant’s appeal of 2 questions on the October CBLE (Customs Broker License Exam). I admire the applicant’s diligence and tenacity but disagreed with their justifications for the appeal.

We are well within the 60 day period for first appeals, but let me suggest a different strategy. If you are considering an appeal you are most likely very close to a passing grade and hoping to gain a reversal on a small number of incorrect answers.

In fact it is very difficult to gain additional points upon appeal, and preparing a compelling argument is time consuming. I know many brokers who have passed the exam on a second attempt. So, since you came close to passing the exam on October 23rd, a better use of your time would be to begin preparing to pass the April exam instead of appealing your recent score.

If you choose to appeal here is some info from the CBP website: 

The applicant must submit a compelling argument why his or her answer is correct or why the appealed question has no possible correct answer.

https://www.cbp.gov/trade/programs-administration/customs-brokers/how-appeal

Congratulations once again to all who passed the October 2024 Customs Broker License Exam.

It may come as a surprise that it can take up to a year before your license is issued. In addition to a passing grade on the CBLE, eligibility to become a customs broker requires applicants to be a US citizen at least 21 years of age, not be a current Federal Government employee, and possess good moral character.

Character is determined by an extensive background investigation. From the CBP website:

“Each Broker license applicant must undergo a background investigation that includes a fingerprint analysis and review of character references, credit reports, and arrest records.  Arrests and convictions do not necessarily preclude the issuance of a license.  In partnership, association, or corporation applications, individuals identified as principals with controlling interest, officers, partners, or members will also undergo a background investigation.”

Licensed Customs Brokers, via their entry filings, are responsible for the assessment of revenue for the United States in the form of duties and taxes. They must also ensure that they, and their clients, comply with the laws and regulations in all transactions. So the background check is more than a mere formality. Be patient applicants!

The October 23, 2024 CBLE (Customs Broker License Exam) resulted in a 24% pass rate prior to appeal decisions. Previous pass rate information is listed below. The exam and answer key will be posted on the CBP website.

Congratulations to all who passed! You are now eligible to go through the application process, background check, and fingerprinting to obtain your license. The process can be lengthy, so be patient.

Many brokers have needed more than one try, so don’t be discouraged if you came up short. If you want to challenge any of the questions here is the link explaining how to appeal.

https://www.cbp.gov/trade/programs-administration/customs-brokers/how-appeal

Pass Rate Information

The October 23, 2024 CBLE resulted in a 24% pass rate prior to appeal decisions.

The May 1, 2024 CBLE resulted in a 13% pass rate prior to appeal decisions.

The October 25, 2023 CBLE resulted in a 34% pass rate prior to appeal decisions.

Always amazed how casually some importers handle HTS classifications. This is definitely customs business requiring a licensed broker if classifying beyond the 6 digit level.

Importers Beware

To all who sat for the October 23rd CBLE (Customs Broker License Exam) you may now have your weekends back. I know from experience that you are feeling both relief that the exam is over and anxiety about your results. Here is some info from the CBP website about what happens next:

CBLE Score Notification Letters and Appeal Due Dates

The bi-annual Customs Broker License Exam (CBLE) is administered on the fourth Wednesday of April and October.  Exam Results Letters are emailed to examinees within two to three weeks from the date of the exam. First Appeals are due no later than 60 days from the date the Exam Results Letters were sent. Second Appeals are due no later than 60 days from the date the First Appeal Results Letters were sent.

Pass Rate Information

The May 1, 2024 CBLE resulted in a 13% pass rate prior to appeal decisions.

The October 25, 2023 CBLE resulted in a 34% pass rate prior to appeal decisions.

The April 26, 2023 CBLE resulted in a 5.5% pass rate prior to appeal decisions.

Here is a useful and user friendly guide to the HTS. Great tool for training and enhancing compliance skills.

https://learning.usitc.gov/hts-guide/index.html#

Canadian importers and Non-Resident Importers, ready or not CARM is coming.

https://www.cbsa-asfc.gc.ca/publications/cn-ad/cn24-29-eng.html

Customs Brokers are often asked for “quick classifications”. In fact, it may be possible to quickly find plausible codes for clients’ commodities; but that can be malpractice by the broker. Compliance adds value through attention to detail, established protocols, oversight, and documentation. HTS classification is the first step in both export and import compliance.

The reality is that most classifiers will shorten the process, especially if they are familiar with the commodities. The challenge is to consider changes to the tariff and make an effort to classify the commodity as if doing so for the first time.

Proper classification includes HTS lookup, GRI (General Rules of Interpretation) review, checking both chapter and additional notes, as well as CROSS (Customs Rulings Online Search System). For some commodities it may be necessary to consult with a subject matter expert in engineering, purchasing, or manufacturing for details about the item.

This is the procedural aspect of classification, but there is more. Most listings require interpretation of the tariff language based on experience. Finally, the process needs to be documented for future reference and parts lists updated.

Here is an example of an easy classification with no research or interpretation needed:

9506.69.2040 Baseballs

Here is one which is more challenging and time consuming:

8532.10.0000 Fixed capacitors designed for use in 50/60 Hz circuits and having a reactive power handling capacity of not less than 0.5 kvar (power capacitors).

For accurate classification help contact mitch@adhoclogistics.com.

If you are scheduled to sit for the CBLE (Customs Broker License Exam) on October 23rd your preparations have most likely included practice exams as well as a deep dive into the HTS tariff and customs regulations. Not to mention blood, sweat, and tears.

Let me suggest also reviewing the notifications on the CBP website so that you don’t have an unexpected complication on exam day. The notifications include details about Covid restrictions, reference materials allowed, and ID/Proof of Citizenship requirements. There are separate sections for remote and in-person test takers.

You will find the info under this link:

https://www.cbp.gov/trade/programs-administration/customs-brokers/license-examination-notice-examination/cble-registration-information

Look for the heading It’s Exam Day !

Best of luck on October 23rd.

LCBs here is your chance to help write questions for future Customs Broker License Exams.

U.S. Customs and Border Protection has contracted with the Human Research Organization (HumRRO) to help modernize the Customs Broker License Examination (CBLE). HumRRO also seeks licensed customs brokers who are interested in participating in writing questions for future CBLE administrations. If you have any questions about this opportunity, please contact HumRRO at lcb_inquiry@humrro.org

https://www.cbp.gov/trade/programs-administration/customs-brokers/license-examination-notice-examination