Tuesday, April 8, 2008

Potential Answers for April 2008 Customs Broker Exam

As many people sit on pins and needles waiting to see the answers posted for the most recent Customs Broker’s Exam, our very own Wizard has taken the exam and provided a list of possible answers and related regulations where the answers were found. We never know when CBP will post the answers and the wait feels like forever. The answers for the October 2007 Exam were not posted until November 13.

We invite you to post your answers, explanations, arguments and other comments. Obviously, Boskage Commerce Publications cannot guarantee the accuracy of these answers since CBP has the one and only answer key, but the Wizard has an excellent record of achieving a score of better than 90%.

Click HERE to view a copy of the Wizard’s answers for the April 2008 Exam! Additional commentary on the exam will be available to our students soon.

Note: The Wizard had the most difficulty answering the questions marked by an “asterisk” and highlighted in purple.

115 comments:

Anonymous said...

#64 should be C per 114.113(g), right?

Anonymous said...

57 - 62 were riduclous!

Anonymous said...

QUESTION #9 CLEARLY IS LISTED IN 122.119(B) AS 15 DAYS. HOWEVER, CUSTOMS MUST BE NOTIFIED WITHIN 30 DAYS OF G.O. SO DOESNT THAT ELIMINATE THE 15 DAY PERIOD? KIND OF CONFUSING.

Wizard said...

Question 9
There is a difference between the requirements in 122.19 and notification of general order. The cargo is being moved from the first port of arrival to the port of destination within 15 days, as stated in 122.19. The question is looking for the time the cargo must be delivered at the destination, not general order.

§ 122.119 Transportation to another U.S. port.
Transit air cargo traveling to a final port of destination in the U.S. shall be delivered to Customs at its destination within 15 days from the date the receiving airline gives the receipt for the cargo at the port of arrival.
§ 141.5 Time limit for entry.
Merchandise for which entry is required will be entered within 15 calendar days after landing from a vessel, aircraft or vehicle, or after arrival at the port of destination in the case of merchandise transported in bond. Merchandise for which timely entry is not made will be treated in accordance with §4.37 or §122.50 or §123.10 of this chapter.

§ 122.50 General order merchandise - requires air carriers to notify CBP no later than 20 days after landing or arrival at the port of destination if the cargo has not been released.

Anonymous said...

I think the answer to question 64 is C per 141.113.

Clearly states you cannot demand return of merchandise after liquidation.

Anonymous said...

I think Question#4 should be E. You have to add both 5% and 40%.

Anonymous said...

I agree with most of your answers except one. #4 is E. See Subchapter 3 of chapter 99 US note 3. 9903.41.05 is 40% in addition to the 5% normal duty.

Anonymous said...

Question 4 should be E right?

U.S. Note 3 to Ch 99, Subch III states:

3. For the purposes of subheadings 9903.41.05 and 9903.41.10, the duties provided for in this subchapter are cumulative duties which apply in addition to the duties otherwise imposed on the articles involved.

so that means we must incorporate the 5% with the 40% which makes a total duty rate of 45%
so
$25000 X 45% = 11250

Wizard said...

Question 4 Correction
You comments are correct!
U.S. Note 3 to Subchapter III in Part 99 states that for this particular HTS, 9903.41.05, the duty rate in Chapter 99 should be added to the duty otherwise owed.

Thank you! We'll be updating the answer sheet by Friday.

Wizard said...

Question 64 Correction
Your comments are correct!

114.113(h)states that demand for return of the merchandise cannot be made after liquidation.

Thank you! The updated answer sheet should be posted by Friday!

Anonymous said...

Question 64 can also be A since you cannot ask for internal advice after liquidation either.

Anonymous said...

#64 should be A.
Internal Advice only applicable to current transaction, entered but not liquidated.

clorox said...

question #80. is the answer A? parachute classified under 8804.
please clarify why hair nets under 6505 is not considered to be a textile or apparel product

Wizard said...

Question 80
102.21(b)(5) provides a list of Chapters/Headings/Subheadings that are considered textiles. Notice that only products classified in 6505.90 are considered textiles. Since E states 6505.10, it doesn't qualify. All of the others are located in the list or in Chapters 50 - 63.

Wizard said...

Question 64
The Wizard is weary this evening, so maybe someone will share a better answer, but here is what the Wizard used to eliminate Answer A.

§ 177.11 Requests for advice by field offices.
(a) Generally. Advice or guidance as to the interpretation or proper application of the Customs and related laws with respect to a specific Customs transaction may be requested by Customs Service field offices from the Headquarters Office at any time, whether the transaction is prospective, current, or completed.

It seems to say that requests for advice can be made any time. Did someone find an exception to this? Please share!

Anonymous said...

#40 should be A because B is a Noneresident #61 B&C Should not be considert according to 102.21(b)3

Anonymous said...

Y is the poster in #15 not included in the j list as paper printed

Wizard said...

Question #15
Paper products found on the J List include (1)newsprint, (2)stencil, and (3)stock. A lithograph poster would not qualify as any of those.

Anonymous said...

For #61, I don't agree with C as the pullover would have to meet the definition of "knit to shape" (Ch. 61 stat. note 6). The fabric for the pullover was cut and sewn. To be considered knit to shape, all of the components would have to be looped and linked rather than sewn, and the question clearly states cut and sewn.

Anonymous said...

#5 WHATS ABOUT 128.24(e)

Wizard said...

Questions 5 Comments
In order to use 128.24(e), the goods have to meet the criteria of 10.151. In order to use 10.151, the goods are also subject to the provisions of 10.153. These goods destined to Bolivia don't appear to meet the requirements of 10.153.

Anonymous said...

I don't see how #61 could be B or C either, simply based on the definition of knit to shape. That being said, what would the answer be? A or D? My best guess is D because it makes the tariff shift but I'm not too sure about the whole TPL thing. Can anyone provide feedback? Thanks!!

Anonymous said...

Question # 30 should be B, shouldn't it?
Because it states footwear with outer soles of rubber & uppers of leather?

Anonymous said...

Question # 44

Isn't the correct answer D, since salsa is a tomato based sauce because it has more ingredients not just tomato sauce

Anonymous said...

Question # 51

could C be a right answer since it's regulated by the US Fish and Wildlife Service

Sigma said...

I agree with the wizard. Are there any more answers in question. are we sure of 57,59,61

Anonymous said...

what question do you believe are protestable.

Anonymous said...

To answer Question #30- No, answer choice B can not be correct because "Sports Footwear" is defined in the Chapter notes:

1. For the purposes of subheadings 6402.12, 6402.19, 6403.12, 6403.19 and 6404.11, the expression "sports footwear" applies only to:
(a) Footwear which is designed for a sporting activity and has, or has provision for the attachment of spikes, sprigs, cleats, stops,
clips, bars or the like;
(b) Skating boots, ski-boots and cross-country ski footwear, snowboard boots, wrestling boots, boxing boots and cycling shoes.

Running shoes do not meet this definition, therefore; E is the correct answer.

Anonymous said...

Wizard, What questions if any, do you see that are really protestable.

Anonymous said...

How about Answer E for question #64 ???
Look up Ch.181.31 & 181.33(c)(2)

Anonymous said...

Wizard, will there be any more possible changes to your answers? or can we just count on you with those posted answers?

Anonymous said...

Wizard, will there be any more changes to your answers? Any possible changes?

Wizard said...

Potential Answer Updates/Protests
The answer sheet with two changes was updated on Monday April 14. You may see some additional potential answers other users post to this blog. Please feel free to share your thoughts with others. We appreciate all of the suggestions and explanations that have been submitted. We will post a list of potential protest questions after CBP posts the official answers to the exam. It never hurts to protest a question. Just make sure to get your protest submitted as soon as possible to give CBP time to make a decision and inform you before the next exam!

Anonymous said...

Wizard lets look at 45. The shipment contains shrimp from vietnam. I currently work in the fda department at fedex. Shrimp from Vietnam are subjuct to antidumping / countervailing duty. Just because the invoice states different shouldn't we make entry for what the items are. I would think the answer should be B.

Wizard said...

Question #45

If CBP publishes the answer as "A", you could protest that question using the argument you presented. If the answer is published as "B", then others may also protest. Maybe CBP will allow both answers.

The Wizard agrees that in the real world one should review the invoice for accuracy and research anything that appears to be incorrect. However, for the exam, the examinees do not have access to the list of commodities that are subject to antidumping, so they are required to take the information on the commercial invoice provided by CBP at face value. Additionally, CBP does not list any exam references related to antidumping other than Amendment to 3510-004 for Certain Merchandise Subject to Antidumping/Countervailing Duty Cases. Since antidumping cases and their related regulations are not included as references for the exam, it is unlikely that CBP would ask a question that could not be answered using one of the specified reference materials. We'll all be eagerly awaiting CBP's answers!

Wizard said...

Question #44 Comment

See HQ 964502

Anonymous said...

Wizard,
Is it possible that answer D for question # 44 could be right?, since the Customs Rulings were not on the list of references they listed for the exam?

Please advise

Wizard said...

Question 44 Comments
It appears that CBP regularly uses rulings to create classification questions for the exam; however, I'm not sure a protest would succeed based on an argument that the rulings were not available. The answer can be narrowed down to two options, C and D. If I wanted to argue for Answer C, I would say that the salsa is already a "sauce" and is complete when imported; therefore, it would not be tomato-based preparation for a sauce. I suppose if you wanted to argue for Answer D, you could make a case for the salsa NOT being a tomato sauce. Maybe CBP will give credit for both answers! Hopefully, we don't have too much longer to wait.

Anonymous said...

Wizard, regarding question #16. How did you concluded that "A" should be the correct answer. I chose "D". Thank you!

Anonymous said...

Question 39 deals with CTPAT Minimum Security Criteria for Customs Brokers. I was thinking with the security requirements, B fully answers this question.

Wizard said...

Question #16 Comments
We are looking for the answer that is NOT exempt from the fee. The Wizard eliminated Answer D because the Northern Marianas would be considered an insular possession under 24.23(c)(1)(ii), thus making it exempt from the fee.

Anonymous said...

Wizard, can you please explain Q39 and provide a detailed citation for it? (the answer key just cites CTPAT). Thanks!

Anonymous said...

gahhhhhhhhhh!.....how much longer wizard, must we wait!

Wizard said...

Question #39 Comments

To answer this question, we must compare the C-TPAT requirements with certain provisions in Part 111. Instead of going through the long process of elimination here, I'll just tell you that the Wizard believes Answer A is the best selection because 111.2(a)(2)(ii)(A)(1) controls signatures of documents by employees of the broker which matches the C-TPAT requirement of "maintaining control of employees" and 111.24 provides for the confidentiality of documents, which matches "information used in clearing of merchandise/cargo is legible and protected."

Wizard said...

How Much Longer Must We Wait –

Ah, the Wizard’s crystal ball and magic wand have taken the day off; however, CBP posted this information in the exam instructions. You should know something in less than 21 days!

"Scores will be mailed to the examinees within 6 weeks after the examination. You will receive the letter notifying you of your score separately from the answer sheet and answer key. If you do not receive your scores by May 23, 2007, please contact CBP, Broker Compliance Branch/Trade Policy and Programs at (202) 863-6544."

Anonymous said...

Just heard through the CBP grapevine that 1600 people to the April 2007 exam, and the pass rate is 20.9%. Letters will go out the end of this week.

Anonymous said...

April 2007 or April 2008?

Anonymous said...

Answer key is posted on cbp website

Anonymous said...

#61 I don't understand how customs got A as the correct answer. I got C.

Anonymous said...

Question #40

I got B for the answer. How did Custom get A for the answer, according to 111.1?

Anonymous said...

CBP Just posted their answers to the April 2008 exam. Good luck everyone. The wizard passed with a high score!

http://www.cbp.gov/xp/cgov/trade/trade_programs/broker/broker_exam/exam_and_key_downloads/

Anonymous said...

answer are listed

Anonymous said...

Wizard Please Help!
It seems like I am 2 Questions away. What Questions do you feel are protestable. I believe #62 (a) Indian fabric didn't meet tariff shift. #40 (b) I believe you can be a nonresident and still be a US citizen. #45 (b) Shrimp from Vitnam are subject to anti-dumping. What do you think.

Anonymous said...

if customs whould of gave us any free be's would they had been listed on the answer sheet

Anonymous said...

CBP posted the APRIL Answer key, today (May 8). I haven't received mailed results, yet, but from what I can determine from their answer key and my test booklet answers, looks like I missed 23 (20 is the limit to pass) with only one question I could even protest. DRATS!!

I imagine the OCT exam will be much harder, with lots of VALUATION, since there was none on the April exam.... Better luck next time, I hope!

Wizard said...

Answer related to "free questions"

Sorry, but there don't appear to be any questions that CBP allowed credit for all answers. The would have been listed on the official answer sheet.

Wizard said...

Comment to "DRATS"

Sorry you missed it by three questions. Are you sure there aren't three questions you could protest? Don't feel bad. Look at it this way - you know a lot more than you did before you started studying!

Anonymous said...

Wizard. Please look at the answer key and tell us any questions that u feel are protestable.

Wizard said...

Comment - Question 61

The Wizard is also stumped by the answer to Question 61. Maybe one of our blog readers will explain it. Maybe if enough people protest the question, CBP will decide to throw it out or explain it to us.

Wizard said...

Comment – Question 40

The Wizard was also undecided between A and B. The Wizard isn’t 100% certain on this logic, but consider this explanation. In Answer A, a person residing in Mexico and working in Laredo Texas could be a U.S. citizen who would be eligible to become a licensed customs broker. With the business located in Laredo, the person could obtain the proper permit for the district. The non-resident corporate importer could not be a customs broker because its place of business is outside of the U.S. and would not qualify for a permit. Permits are only issues for specified locations in the U.S. The corporate importer would not be able to “transact business on behalf of others” without the license and permit. Just because the corporate importers is C-TPAT certified as an importer doesn’t automatically make the importer eligible to become a C-TPAT certified broker. The corporate importer would also have to be a licensed broker employing a licensed officer.

Wizard said...

Comment - Potential Protests

Question 45 would be a good place to start with a protest. Technically, the shrimp subject the entry to antidumping under Entry Type 03. CBP might argue that the invoice clearly stated that antidumping didn't apply, but a good broker would always verify information like that on an invoice!

Question 61 - The Wizard would encourage you to team up with others who missed this question and draft a protest. With input from a variety of views, you could probably come up with enough arguments that CBP might throw the question out.

Anonymous said...

PROTEST-

From experience, I would recommend that you put your energy into studying again rather than appealing. The reason I say this is because I went through the double appeal on the April 2007 exam and I was 100% sure CBP got the questions wrong. For those of you whom took the April 2007 exam; I am talking about questions 17 & 19 (apportionment of an assist). My logic, citations and research were dead-on, yet I couldn’t find some one competent enough at CBP to agree.

It was an emotional rollercoaster that I wish I never got into. The 1st round of appeal and the 2nd round both resulted with no explanation. In addition, in the 1st round you appeal to the person at CBP that wrote the question (talk about conflict of interest!!); I ended up with an egotistic guy and stated “you might be right, but I hate to be wrong”.

I appealed 7 questions and needed 2 to pass (I was pretty confident that I would get 17 & 19), and they gave me nothing.

The good news is that sitting for it again is less painful than I expected and I passed this one. The bad news is that the Check and Balance system at CBP is non-existent, and they don’t understand their own regulations.

This is one man’s option- I bet the wizard has heard them all.

Best Wishes,
Bitter Broker

P.S.
Great blog/website, will recommend to colleges interested in taking the broker exam in the future

Anonymous said...

#62 shouldn't this question be "A"
does not meet tariff shift

Wizard said...

Comment to Bitter Broker

Thanks for your comments! It's always great for people to share their experience with others. No, the Wizard has not heard it all and enjoys hearing from all of you. Everyone has a different experience - some good and some not so good. The Wizard knows quite a few people who have passed by writing protests, so you haven't lost anything by submitting one and may even gain a passing score. However, you should continue to study and not count on having the protest approved.

We're glad you're enjoying the blog!

Anonymous said...

#40

For this question, I pick B (A nonresident validated C-TPAT corporate importer). Can I argue that the answer A to this question is vague because the "person" residing in Mexico and employed in Laredo, Texas, can be NOT a US Citizen but just working in Laredo, Texas. Hence, cannot become a lisenced broker because that "person" is not a US citizen.

Anonymous said...

Yes I have problems with question 40 and 61.

40 has no possible correct answer based on 111.1 and

61 it's a strech. It is part of the exemptions.

please advice. I need one of these to get a passing grade.

on the shrimp it underwent tarrif change from 3 to 16 so c/o is mx.

Anonymous said...

Hey, I got a call from Customs telling me that I passed the exam. I was surprised that they actually call people. I later received the confirming letter in the mail. I got 88.75 so I'm pretty excited. Good luck to everyone else.

Wizard said...

Comment - Question 45 Shrimp

The Wizard is a little confused about how the shrimp made a tariff shift. The commercial invoice shows the origin as Vietnam and the product being quick frozen dusted shrimp. Unless the shrimp was quick frozen and dusted after it arrived in Mexico, the classification of these shrimp was already in Chapter 16. Is there some information missing that stated what was done to the shrimp in Mexico that created a tariff shift?

It would be nice if CBP would provide a brief explanation for some of the more difficult questions like Question 40.

Anonymous said...

To the wizard:
questionn about the shrimp. I am sorry I am so upset they did not let me now my score before they posted it. And to find out this way? So i put my test away somewhere ic cant find it until my resukt come in and protest question #40.
On the shrimp question:
On the invoice it does not state in what condition the shrinp arrived in Mexico. So assuming it came in fresh head-on (whatever it is not stated) underwent a substantial transformation. I took it from one chapter to another, Mx has no anti dumping on frozen shrimp. you will find that the tariff 0306 & 1604 is subject to public law. That only means it needs a shrimp's export declaration declaring that no seaturtle were harmed during the harvest of shrimp. When you read on in the regulations it states that not all products from this specific tariff are to be antidumping and being Mexico a Nafta country maybe that why it is not anti dumping and got away with it. Ecuatorian shrimp is AD/CV so go figure.

The only thing I have noticed is that customs is very concerned is how the fabric/manufact/apparell ind. of other countries killed all the
american ones. That is why these trade agreement questions are so tricky as so many requirements have to be met. Question 61 is dead right. The one with the indian fabric. I also answered that it disqualifies it. But you know Customs and their double negatives so probalbly like the shrimp the fabric made a substantial transformation and being CAFTA it exempted it out of some kind of another exemption I dont know right now and suddenly was able to benefit from the trade agreement. The fabric was not visible lining It was actually two sleeves.

I am pushing for question 40 I think it has a great possibility and obviously give me that passsing grade.

111.1 is to vague as to nail the question specificly and the question is very specific. Who is elegible to become a broker. Not where you get counsel to determine who is elegible to become a broker and out of these possiblities tell me which one is elegible.

I'll be waiting for your reply. I literally bleed customs!!!

Anonymous said...

Possible protest questions
#44 - What is the classification of the salsa?
- according to fcr 141.87(d) - invoice is to be in english
hence the word "salsa" in the dictionary relates to dance and not "sauce". This word is a "spanish" word for the English word for sauce. For this reason the word and/or invoice is not exceptable, therefore you would continue the classification based upon the ingredients of tomatoe puree which, in this opinion would be classified as D 2103.90.9051 or the question should be eliminated based on the above reg.

#30 - The ladies running shoe -
While I can understand the answer e - we must not "assume" a running shoe does not have the capability of cleats. When you review the 3 major importers of athletic footware there are "sub-catagories" of running shoes. One of these sub-catagories do include cleats which confirm with the chapter notes - hence the question can be vague.

#64 - Which of the following actions CANNOT be taken on MERCHANDISE after liquidation of the enter become final?

I can understand answer C based on how the question was worded but A can also be considered based on how the question was worded.
177.11 - requests for advise may be requested whether the TRANSACTION is prospective, current or completed. There is a definate difference between merchandise and transaction - especially how the question is worded. Merchandise is a commodity whereas transaction is a "act" on something. The question clearly implies the merchandise and nothing else.
I appreciate comments and/or other possible questions for protest.


Would like to see how others feel about the above as well as possible other question.

Wizard said...

Comment to "Bleeding Customs"
As some of the other bloggers have responded to this article and the other once about the exam, protest questions if you can make a good argument why your answer is as good as or better than the one published. However, do not sit back and wait to receive a response. Go ahead and prepare for the next exam. If your protest is approved, then you won't have to take the test again. If you don't have the approval or if it was denied, then you haven't lost any time and you will be ready for the October exam.

As in the previous posting about the shrimp, the Wizard takes the invoice at face value and the invoice states that the country of origin of the shrimp is Vietnam. This indicates that the shrimp did not undergo any processing in Mexico. Since the fact patterns contained in the questions did not indicate any processing of the shrimp in Mexico, then the country of origin could not have changed.

Good luck with your protest. Read this and the more recent article about the exam results for helpful hints from other bloggers related to possible protests.

Anonymous said...

wizard on 62. the answer should be A. Indian fabric did not meet the tariff shift.Do you agree.About # 45, are you agreeing the answer should be B.are there any other sight which people are discuss protest for the Broker Exam. Anyone who feel they have a valid protest please post. the more numbers the better.

Wizard said...

Comment to Anonymous Posting May 12

There are lots of comments about the answers and potential protests posted the Wizard and other helpful bloggers concerning possible protest questions. Be sure to read through the postings here and in the article published on May 6 for these comments.

The Wizard believes the correct answer to Q45 is Answer A; however, a good argument can be made for Answer B.

Question 61
Even though the Wizard did not think the fabric from India made the required tariff shift, trade agreements and textiles are not the Wizard's strong points. You haven't lost anything by presenting a case as to why the fabric did not make the shift; however, it may be possible that there is a reason the fabric did not have to make the shift.

Anonymous said...

how can I find the article written on may 6

Wizard said...

Comment to "Find May 6 Article"

1. Go to the blog site: www.boskagetradenews.bogspot.com/

2. Scroll down until you see the article titled "Customs Broker Exam Pass Rate - 20.6%"

3. Click in the "Comments" to read the postings.

Anonymous said...

For questions 62 Per CAFTA / GN29:
Chapter Rule 2: For purposes of determiniing whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification....blah.. blah....If the rule requires that the good must also satisfy the tariff change requirements for visible lining fabrics listed in chapter rule 1 to this chapter, such requirement shall ONLY APPLY TO THE VISIBLE LINING FABRIC IN THE MAIN BODY OF THE GARMENT, EXLCUDING SLEEVES, which covers the largest surface area, and shall not apply to removable linings.

Anonymous said...

Hi Wizard -- I need an argument for a protest of question # 40 - I don't believe their is a correct answer for it.

Any ideas? I need 1 question to pass, I'm leaning toward #40 and #39 as having no "real answer" and hope they are thrown out!

This was a pretty straight forward test, with only a couple of trick questions. The nerves will get the best of you when test taking!

Thanks for your excellent information on the blog site, and your advance potential answers!

Anonymous said...

I have not recieved my score yet. Is there any web sight I can go on to see what my score is.

Anonymous said...

if you did not receive your letter yet, you should be able to call the port and ask. since they have been issued they should tell you.

Anonymous said...

For questions that customs decides to throw out, will you only receive credit for them if you have tried to protest the question. or if you were say, one question from passing, and they threw out a question you had wrong would customs send you a new letter letting you know you passed? Just wondering how that works.

Wizard said...

Comment - Questions 39 & 40

Be sure to read through the comments made in this blog and the one posted on May 6. There may be some posts that will help you prepare a protest to one or both of these questions. It seems those two questions and a couple of the trade agreement questions have everyone blogging!

Wizard said...

Comment to "No Score Yet"

If you haven't received your score by May 23, you can call CBP -
(202) 863-6544.

Anonymous said...

wizard I need two questions. Do you believe that are any question that have no possible correct answer. I just need 2.Also which questions doe u feel offical answer is not the best answer

Wizard said...

Comments on Protests

For anyone looking for possible questions to protest, scan through the comments in this blog and in the article published on May 6. There have been several comments concerning potential protest questions. Questions 44, 45 and 61 seem to be the most popular.

Anonymous said...

wizard. Can you explain how you came up with A for 61.I need 2.

Wizard said...

Comment to Question 61

Check out the blog from May 6. There is a brief explanation for Question 61. The Wizard is not sure that there is a correct answer for this question.

Wizard said...

Comment - Exam Protest Contents

Thank you to all of the bloggers who have submitted various questions and potential arguments for protests. There may be postings in this blog that will help you in writing your protest. As stated in the blog disclaimer on the main page, the information posted is not to be considered legal advice. Remember to prepare your own protest using your own words and any legal support you find in the CBP Regulations, HTSUS and other CBP resources. The protest should include all of the required information listed by CBP and be written using the professional demeanor expected from a potential licensed broker. Consider having someone you work with or a friend review your letter for spelling and grammar errors before submitting it. View the link below containing the information CBP requires for submitting a protest. Good luck to everyone!

http://www.cbp.gov/xp/cgov/trade/trade_programs/broker/broker_exam/how_to_appeal.xml

Anonymous said...

CAN YOU PLEASE CHECK THIS OUT AND GIVE ME FEEDBACK:
44- TO CLASSIFY THIS SALSA CORRECTLY EXAMINEE SHOULD HAVE COPY OF THE RULING HQ964502, CONSIDERING RULINGS WERE NOT LISTED AS REFERENCE MATERIAL WHICH WE COULD NOT HAVE AT EXAMINATION TIME, ALL ANSWERS ARE INCORRECT.
57 - (A) BASED ON HTSUS CH 98 SEC XIX NOTE 3(a) gn 27(e)(i)& (h)
62 - (A) Indian fabric did not meet tariff shift
64 - (E) 181.31 Under NAFTA refund claim is an action that cannot be taken once liquidation is final, even when the form is 1520(d), and the one in the answer is 520(d)

Wizard said...

Comment to "Please check this out"

Questions 44 and 62 stand a better chance of appeal. Be sure to follow the guidelines for filing appeals. Your appeal should be supported by facts/examples that would convince CBP why your answer is better or why there is no possible answer.

Note on Question 44: Techically, you could have brought "written" rulings into the exam even though they were not listed as reference materials. CBP allows any written materials; however, it would be impossible to search a stack of written rulings during the exam.

Anonymous said...

Hello Wizard:
My appeal package was received by CBP on Jun 11, what is the latest to get an answer? I will continue studying for October any way...and will pay for the next exam if needed. Since I have the 2007 version, what should I buy for next exam, just the updates?

Wizard said...

Comment to "Appeal Package Received"

Start watching your calendar in September. You may not hear from CBP before the next exam. It's highly unlikely you will hear from them prior to the deadline for applying to take the exam. Some people I know enlisted help from the local port to contact CBP on their behalf to find out if the appeal had been granted. One found out she had been granted the one question she needed just in time to get her money back for the next exam. It would be a good idea to make this contact prior to the deadline for notifying CBP that you will not be taking the test so that you could properly notify them and receive your money back if your appeal is granted.

When the Notice of Examination is posted by CBP, review the resources listed and make sure you obtain all of them.

Good luck on your appeal!

Anonymous said...

Hello Wizard,

I'm preparing for the October 2008 exam and I have a question about a tariff change. When I see a question "Did not go through a tariff change", I go to the HTSUS and see notation " A change in heading section 101 to 106".

I don't know what this means and don't know if it went through the tariff change.

I would appreciate it if you can explain it to me and tell me how to find out if it went through a tariff change or not.

Thank you

Wizard said...

Comment to "NAFTA Tariff Shifts

Even a non-originating article may be considered originating if that article undergoes a tariff shift. The degree of change necessary in order to confer origin through tariff shift is based solely on the rules and guidelines found in General Note 12(t). These rules are organized in order by Chapter, and tariff shift rules vary widely from Chapter to Chapter in that listing. This extensive and detailed list makes up more than 100 pages of the General Notes.

A tariff shift may be made from one heading in a chapter to another heading in the same chapter.

Example 1:
A good which will be classified in Chapter 17, under 1704, needs only to have been changed into heading 1704 from any other heading, which may include headings 1701, 1702, or 1703.

In some cases, the list in GN 12(t) specifies that a shift must be from one specific chapter to another specific chapter.

Example 2:
In order for a good which is to be classified in Chapter 5 to be eligible under NAFTA, the good must have been changed into a good of Chapter 5 from any other chapter of the HTSUS.

Hope this helps!

Anonymous said...

Anyone heard a response to their protest from the April 08 Exam?

Anonymous said...

I still have not received a response on my protest to date. When I spoke with Bruce @ CBP two weeks ago, he said he tries to call the people whose valid protest will give them a passing score, usually he calls the week before the exam. This would give you time to ask for a refund, if you paid to take the next exam. You could call your local port and see if they have any update on the protests.

Anonymous said...

A friend of mine recieved a call from custom giving him Question 44 to pass his test. I have heard they are mail out the results. keep your fingers crossed.

Anonymous said...

If they give one person question #44 will they give it to everyone that protested it? I also protested #44 and only need one to pass.

Anonymous said...

Did anyone take the October 2008 CBE? Wizard, when would you be posting the potential answers? THanks!

Anonymous said...

Re: April Question #44...I protested this question as well and just received notification that I did not pass. Looks like they are not giving this one back to everyone. I submitted an appeal for 3 questions, only needing one. :( Too bad!

Anonymous said...

I submitted for 6 questions, only needing 1. We will see what the mailman brings tonight.....

Anonymous said...

After weeks of waiting for a reply to my April 2008 protest, I again called CBP. If you haven't received a response, don't give up. I was told on the phone today, that I received a passing score of 76.25% - they gave me credit for 2 of the 6 questions I protested. YEAHHHH!!!

The people that signed up to take the October exam were notified in time to receive a refund for the exam fee, if their protest gave them a passing score. The others are still being processed.

Wizard said...

Wizard to "Passed on Protest"

Congratulations! You mentioned that they gave you two of the six that you protested. Would you like to give others a little hope and share which two they granted?

Hope it doesn't take you too long to actually receive your license!

Anonymous said...

I didn't ask which two I got credit for, I was too busy trying not to scream at my desk! When I receive my letter I will certainly share the information. I notice that someone got credit for question #44 - which I also protested and was hoping I got credit for. The other trick question was the C-TPAT #39 - which I felt was a strong candidate for protest.

Anonymous said...

has anyone received by mail the Protest results for the April 2008 broker's exam?

Anonymous said...

I still have not received it in the mail, I called last week and was advised that I have passed. You can give CBP a call at the number or your results letter and find out if you passed. (202) 863-6544 is the number on my letter.

(Mine is the post from 10/23 - still waiting to find out which 2 I got credit for -- credit for 2 out of 6 protested is 30% - works for me!

Anonymous said...

Congratulations to all who won their appeal for April 2008. I'm one of the luckiest that haven't recevied the denial letter in order to review & re-protest. WIZARD (& anyone willing to help)...Can you please post the questions #s credited to some of the appeal winners. This is helpful for the rest of us to review our questions & challenge CBP to reconsider if a considerable winners appeals had same questions (as I see in this Blog).

Have a great day.

Wizard said...

Wizard Comments on "Re-Protest"

The Wizard recommends the following two court cases for anyone thinking about challenging the denial of a protest related to the exam.

http://www.cit.uscourts.gov/slip_op/Slip_op06/06-106.pdf

http://www.cit.uscourts.gov/slip_op/Slip_op05/05-62.pdf

Take note of the process used by each party after the protest was denied, the result and the time it took to reach the final decision.

Anonymous said...

OK, I just called CBP - the questions that they gave me credit for are #39 (C-TPAT Security Elements) and #40 (C-TPAT Customs Broker Requirements). The letters are being processed for signatures, and then will be sent out. GOOD LUCK TO ALL!!!

(MINE IS THE POST FROM 10/23)

Anonymous said...

HI,

Why is it taking so long to send the letters out?

Anonymous said...

HI,

Did anyone get their letters yet?

Anonymous said...

Got my letter today. Received credit for question 40 but no others including the trade program questions.

Anonymous said...

I finally got my letter in Saturdays mail. The letter was dated October 31, 2008, and I received it on November 15, 2008. The envelope was post marked November 13th.

Now I'm waiting for my packet so I can get the back ground check completed. / TMN

Anonymous said...

anyone got their package yet?

Anonymous said...

I called the CBP Port in mid November, she did not have an updated list yet. The local port contacted CBP, then the local port sent my packet out that week. I received the packet around November 20th, and have submitted it already for processing. I hear it takes 7 - 12 months for the processing. If you haven't received your packet yet, I would certainly contact your local CBP Port to find out what is the delay / TMN

Anonymous said...

I received my license on June 12th via registered mail. :-) The license is dated June 1st. It goes from DC to your port, then the local port sends it out. From the time I mailed the application in to receipt of the license was 6 months. I took the test in April 08, filed a protest and won, so it has been 14 months waiting for the license. / TMN