Livingston: Customs Brokerage Trade Consulting Freight Forwarding

Knowing the requirements of each type of import can avoid delays, merchandise seizures, and fines and penalties that may be levied against the importer and/or broker. One of the primary goals of the proposed rule is to reduce compliance issues, penalties, and regulatory audits, and CBP does not believe that a system based on voluntary reporting would do enough to reach that goal. With only an additional 5 percent of brokers pursuing continuing education, Alternative 3 would not do enough to further professionalize the customs broker community, nor would their clients see an appreciable decline in compliance issues. Additionally, such a system would still result in a net cost of about $5.4 million over the 6-year period of analysis.
Based on the primary estimate, costs total $36,146,814 over the 6-year period of analysis. Using a three percent discount rate, the annualized total costs are $6,012,425. See Table 17 for an annual breakdown and Table 18 for discounting.
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All commenters that addressed specific subject matter areas raised concerns about the adoption of the ANPRM’s stringent content requirement. In light of the commenters’ concerns, CBP is not proposing to require individual brokers to complete a specific number of hours of continuing education on laws authorizing CBP operations and processes, and CBP regulations and programs. CBP recognizes that the educational needs of individual brokers differ greatly based on each individual broker’s position, experience level, and type of employment, and, thus, render content requirements impractical. Under baseline conditions, meaning the world as it is now, CBP does not require brokers to complete any additional training or prove their ongoing knowledge. The broker exam only attests knowledge of customs and related laws that are in place at the time of the exam. While the exam ensures that brokers have a solid base level of knowledge when they begin practicing, there is no requirement that they keep up the knowledge, and evidence suggests that as more time passes since brokers took their exam, the more errors they make.
All import entries valued over $2500 must be accompanied by evidence that a bond has been posted with CBP to cover any potential duties, taxes, and charges that may accrue. An importer can choose to purchase a Single-entry bond or a Continuous bond. A Continuous Bond is almost always the most cost-effective option, especially because it also fulfills an importer’s obligations to have an Importer Security Filing bond on file. C J can help you determine which kind of bond is best for your company, and get your bond posted with CBP. There are several Partner Government Agencies that coordinate with Customs and Border Protection to carry out the individual missions of those agencies. As your licensed Customs Broker, C J will review all the products that you import, and will help you determine if they are subject to the regulations of any PGA’s.
Some brokers would fulfill their proposed continuing education requirements with only free trainings. Others would follow a medium-cost path by opting for a mix of free, lower-cost, and internal trainings. CBP further assumes that brokers electing the medium-cost path would travel to attend one major conference or symposium in-person per year. Finally, some would meet requirements by completing only paid courses representing the highest-cost offerings. CBP assumes that brokers choosing the higher-cost option would travel to attend an average of two conferences per year. Seven commenters suggested that corporate, in-house training should be eligible for continuing education credit.
A CBP-selected accreditor’s approval of a training or educational activity for continuing education credit is valid for one year, and the accreditation may be renewed through any CBP-selected accreditor. In order to maintain these professional certifications, these brokers are required to earn 20 continuing education credits per year. Additionally, public comments in response to the ANPRM, as well as discussions between CBP and various broker organizations, indicate that most large businesses employing brokers already provide, and often mandate, internal training and continuing education. Census Bureau, approximately 61 percent of those employed within the Freight Transportation Arrangement Industry (North American Industry Classification System code ) are not employed by small businesses.
To start, CBP would select 10 percent of brokers per year, although the audits would only cover the continuing education reported for the most recently completed triennial cycle. A continuing education compliance audit would involve CBP personnel reviewing the reported coursework of the selected broker and potentially working with brokers to identify gaps or higher quality training opportunities. Such an activity would take approximately one hour, on average; therefore, CBP estimates that each compliance audit would cost CBP approximately $74.00. For the first three years of the period of analysis, no compliance audit would take place because brokers would not yet have reported their training at the end of the first triennial cycle. Over the next three years, CBP would select 10 percent of active individual brokers to audit.