http://www.usitc.gov/tata/hts/

In accordance with the provisions of Title 19 of the Code of Federal Regulations (CFR) 111.30(d), every licensed broker must file a status report and pay a corresponding fee every three years. We have compiled the list of Frequently Asked Questions and Answers to provide guidance to licensed Customs brokers on the submission of the status report and fee.

Q:           Who is required to submit a status report and pay the corresponding fee?

A:            A status report and fee must be submitted to Customs and Border Protection (CBP) for every license that has not been previously revoked, suspended or canceled whether it may be a license for a corporation, limited liability, partnership, association or individual. Some brokers who have had their licenses suspended may be required to submit a status report and fee depending upon the conditions of the Suspension Agreement enacted between CBP and the individually licensed broker.

An individually licensed Customs broker who forms a corporation, limited liability, partnership or association that is subsequently licensed as a Customs broker will be required to submit two reports and fees along with each report that is filed; one for the individual license and one for the license for the organization.

Q:           When is the status report due to Customs?

A:            A report that is filed during the month of February 2012 is considered timely filed. CBP offices will begin accepting status reports and the corresponding fee on January 2, 2012.

Q:           Where should I submit the report and fee?

A:            The report and fee must be submitted to the director of the port who originally delivered the license to the broker. A report and/or fee submitted to a port other than the delivered through port may be rejected, returned, misplaced or denied which may result in the revocation of the license.

NO REPORTS SHOULD BE SUBMITTED DIRECTLY TO CUSTOMS HEADQUARTERS!

Q:           How much is the corresponding fee?

A:            A check or money order payable to the U.S. Customs Border Protection for $100 should accompany each status report that is tendered to Customs.

Q:           What is the format for the report?

A:            There is no required format for this report; however, the attached model report is provided as a courtesy.

The elements of the report prescribed in 19 CFR 111.30(d) may be compiled on a sheet of paper and submitted to CBP along with the money order or check for the corresponding fee. Again, the attached model report is only a suggested format and its use is not mandatory.

Please be reminded, licensed Customs brokers must present an employee list, if applicable, along with each status report submitted to CBP in accordance with 19 CFR 111.28(b). In addition, each individually licensed broker must state whether or not he/she still meets the applicable requirements of 19 CFR 111.11 and 111.19 and has not engaged in any conduct that could constitute grounds for suspension or revocation under section 111.53.

Q:           For purposes of completing the report, how does CBP define the term, “actively engaged in customs business?”

A:            Individuals are considered to be “actively engaged in customs business” when they are currently or have recently transacted customs business on behalf of others as a sole proprietor OR when they are employed by a licensed Customs broker who is currently or has recently transacted customs business on behalf of others. Those who work for another broker and are not directly involved in any activities which fall under the scope of the definition of “customs business” may report that they are “NOT actively engaged in customs business.”

Partnerships, corporations and associations must also report to Customs in a status report whether or not they are “actively engaged in customs business.” An organization who is currently or that has recently transacted customs business on behalf of others should report that they are “actively engaged in customs business.”

Q:           How do I record my name on the status report if I legally changed my name since my license was issued?

A:            Brokers should record their name on the status report that will be submitted to CBP as it appears on their Customs broker license. Any broker who has undergone a legal name change and has not had his/her/its license reissued so that the name on the license agrees with the new legal name, must provide the port director with evidence of their right to use the new legal name and separately request that the license be reissued in the new name.

Q:           What happens if I fail to submit a status report by the end of February 2012?

A:            All valid licenses for which no report has been submitted will be suspended by operation of law on March 1, 2012. In cases like these, the port director will transmit a notice of the suspension to the broker during the month of March 2012 at the last known address reflected in CBP records. The failure of a broker to provide the port director with a change of address will result in the suspension notice being mailed to an incorrect address.

During the sixty-day period beginning on the date of the aforementioned suspension notice, the broker may tender a status report and fees to the appropriate port director. If this occurs, the license will be reinstated.

Q:           What happens if I fail to submit a status report by the end of the sixty-day suspension period?

A:            Unfortunately, failure to submit a status report and the corresponding fees to CBP during the sixty-day period will result in the license being revoked. Such licenses are revoked by operation of law without prejudice to the filing of a new application for a license.

U.S. Customs is processing refunds of duties paid on GSP-eligible entries made between January 1 and November 4, 2011.  Automatic refunds are being issued for entries filed via the Automated Broker Interface (ABI) with the Special Program Indicator “A.”  Claims for GSP duty refunds, for non-ABI entries or entries originally filed without the “A,” must be filed by April 18, 2012 via a post-entry request.

We would be happy to assist importers entitled to refunds on GSP entries from 2011 or otherwise.