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 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 October 2008 Exam!
Additional commentary on the exam will be available to our students soon.
Wednesday, October 8, 2008
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96 comments:
Q. 47, I believe you did the math incorrectly. Per 19 CFR 24.23 (b) (B) the minimum MPF is $25.00. At a value of $11066 as you contend, the MPF is $23.24. Not possible, hence the correct answer I contend is $11064 or E.
Wizard
Thank You for your answers...
Of course we will have a couple concerns. Here are mine.
# 79 be C. $50.00. Reference - 112.12a
#52 could be A or B based upon the Broker using their own importer bond hence they are the importer of record
Regarding Question #47: I do not understand why we are deducting anything other than Freight and insurance? I understand that the scenario as presented reads as if its a DDP transaction and they state duties and fess as paid but they then clearly state the termms as CIF. ??? How the heck are duties and fees paid by the seller as described in this question on a CIF terms shipment? I know that they toss odd elements into questions to mislead but this is bad. Its either DDP or CIF. In what circumstances would a seller agree and list terms as CIF and then pay the duty and Fee's? Would not the correct action then be to correct an amended invoice??? I dont not get this question at all.
Couldn't it be argued that Q. 55 requires a "licensed broker" which is covered in 19 CFR 111.45(a)? Since it doesn't explicitly state permit qualifier, the closest answer to 120 days appears to be June 1, 2009 or C.
Okay, I have a few things-
Question # 29. 4412.10.0500 or 9000 do not exist in USHTS Supplement 1 2008.
Question # 49. There is NO indication the merchandise left the US, the Duty was previously paid by the same entity which wants to donate the TVs and they appear to be a surplus which indicates they were never installed on a cruise ship. Even if they were, again, no indication the cruise ships are foreign. So in my opinion, no additional duty or assessment is necessary. My choice is B.
Question # 52. Since the Broker is the importer (101.1) in this case. Answer A or B would be correct.
Question # 75. Seems Customs published the CATAIR and 7501 preparation documents with conflicting Ahpla numerical codes. Check them out. The Alpha converting to Number codes differ greatly. If us use CATAIR numbers you get check digit 3 you use 7501 pre numbers, you get 4. I chose E. 4, as I used 7501 Prep instructions.
Wizard, would love to hear your feedback on my thoughts and if I get these wrong are they protestable?
Q. 17 can it be protested that none of those tariff #'s exist? Technically - none of them are right?
Q. 47 is $16,050 minus $3,500 divided by 1.1341
Don't let CIF duty paid fool you. We call it DDP, they don't. =(
Q. 52 I agree. A or B.
Q. 75 There are 2 different forumlas for this! I can't believe they asked this question...
I'm at 21 wrong right now. Would love to get on one of the above switched over down the line... =)
#49 There is no indication that the cruise is not in US. I think the answer is B.
#52 I think the answer is B.
#79 CFR 112.12 states clearly that there is a $50.00 charge. the correct answer should be c.
Q# 8
"All shipments entered after opening day must be entered under HTS 0402.91.7000 (over quota rate)"
0402.91.7000 (31.3 cents per kg)has a notation of 1 that references a 9904 site. The 9904 site is broken down into segments "if entered during the effective periods of safeguards provided for in subheadings 0402.91.70" and then classified by price per kilo. 12,500 kgs @ $5k works out to .40 per kilo = 9904.05.07 4.2 cents per kilo.
US note 1 to subchapter IV 99-IV-1 indicates that "all duties provided for in this subchapter are cumulative to be applied in addition to the duties. 31.3 + 4.2 = 35.5 cents per Kilo @ 12,500 kgs = $4,437.50 (ans. D)
What did I miss or do incorrectly regarding this question?
#4- should be protestable due to the fact that if you follow invoice requirements 142.6- literally , you don't have to have that info on the invoice. you can have an adequate description which would be "pipes, hoses etc & the appropriate HTSUS #.
#49-E- ridiculous- a cruise line is implied for international travel,and if it never left USA territory then the question of duty for the tv sets would not be presented because there would be no question on the TV sets.Why would they state the TV sets have no value if they never left US territory.They would never bring it up. It's like me walking into US customs and saying my couch in my living room, how much duty do I owe on it.IT NEVER LEFT USA TERRITORY SO THERE IS NO QUESTION.
#52- A or B
#58- C- TECHNICALLY A* IS RESERVED FOR (LBDBC)ALONG WITH A
#67- B- 162.74 - Clearly states that "failure to provide the written confirmation of the oral disclosure or obtain a waiver of the requirement may result in denial of the prior disclosure."
#72 - A or C
I understand answer A based on 134.45(a)(2) but would C also be a correct answer based on 134.45 (a) (1) - The marking required shall include the FULL ENGLISH NAME OF THE COUNTRY OF ORIGIN. Is Italie the English name of the country of Italy?
When do you think you will have possible protest questions available?
77. can it be consider a good for personal use, not intent for sale under 143.21(e)
On question 77 - A previous poster suggested that you could look at 143.21 (e). Would the pipes be considered "household effects?" I think the better answer is that it would have to be a formal entry because the pipes come from section VII.
"I understand answer A based on 134.45(a)(2) but would C also be a correct answer based on 134.45 (a) (1) - The marking required shall include the FULL ENGLISH NAME OF THE COUNTRY OF ORIGIN. Is Italie the English name of the country of Italy?"
Italie has always been used as an acceptable alternative. Same thing with Dom. Republic, Rep. of China, Gr. Britain, etc.
The clearly incorrect example is Spanish Olives which is a trade name, and may or may not be of Spanish origin. That is, by far, the best answer.
"Q. 47, I believe you did the math incorrectly. Per 19 CFR 24.23 (b) (B) the minimum MPF is $25.00. At a value of $11066 as you contend, the MPF is $23.24. Not possible, hence the correct answer I contend is $11064 or E."
Before I did the exam, I did a little trigger calculation....At what level does the $25.00 MPF minimum get triggered. The answer is $11,905. So long as your NEV is $11,905 or greater, you can do the MPF+HMT (if applicable) division calculation without fear of missing the MPF floor.
$16,050 - $3,500 = $12,550 value. No need to worry about the MPF floor.
$12,550 / 1.1341 = $11,066.04
Answer = B
"77. can it be consider a good for personal use, not intent for sale under 143.21(e)"
There is no indication that the goods are housefold effects and were used abroad.
In any event, household effects are typically known to be things used in the household on a day to day basis: bedding, linens, pots, pans, toiletries, cleaning items, etc.
I doubt highly that plastic pipes are common household effects.
"#58- C- TECHNICALLY A* IS RESERVED FOR (LBDBC)ALONG WITH A"
No... A+ is LDC. A* is developing - not least developed.
#58-
Yes that is true what you say about the A* symbol.but here is the quote from gn4- "the symbol "A" indicates that all the beneficiary developing countries are eligible for preferential treatment with respect to all articles provided for in the designated provision. The symbol A* indicates that certain beneficiary countries, specifically enumerated in subdivision (d) of this note, are not eligible for such preferential treatment with regard to any article provided for in the designated provision.-----
My argument is that A and A+ and A* are all reserved for (LDBDC) it is the article or commodity under the htsus that is in question, not the country.
The A* will be listed along side an (LDBDC) commodity that is not duty free. A* only pertains to (LDBDC's).
How about we just give credit to everyone for that question?
Regarding A* being reserved for LDBDC:
The country or countries listed by a classification in 4(d) are the only countries that do not qualify for GSP for that classification. For example, 5702.91.30 has India next to it. That means that only exports of this good from India are not eligible for GSP. Every other GSP country would be eligibile, including the BDCs and the LDBDCs. The only correct answer is A+.
I took the October '08 CBE, and it seems that I am going to take the April 2009 unless I receive an answer for the 5 questions (need 3) that I protested for April '08 but as of today (October 17) I have not received an answer yet. Do you think that I should contact CBP or should I wait a couple of weeks?
A co-worker took the October '07 CBE which she didnt pass by 2, protested 5, took the April '08 CBE, received the note that she passed April '08 and about a week later she received the answer to the protest...
What should I do?
Wizard on Question 79
The Wizard agrees with you and the answer should be C. The updated answer sheet should reflect this change. Good work on that obscure almost never tested part of the regulations!
Wizard on Question 55
Part 111.45 requires corporations to have a licensed broker in each district for 180 days The permit qualifier for that district was employed for over 15 days, so his/her service qualified, but terminated on March 2, 2009. The broker would then be required to hire a new qualifying employee before the end of the 180 day period, which falls on August 29, 2009. Be careful not to confuse the district permit qualifier with the licensed officer requirement of 120 days.
Wizard to HTS 4412.10.0500
We’ve stressed in some of our previous blogs that it is very important to use the correct versions of the HTSUS and Regulations during the exam. Revision 1 of the HTSUS, which was issued on 4/1/08 did not contain that change; however, the change was made in Revision 2 of the 2008 version, effective 4/16/08. The new tariff numbers 4412.10.0500 and 4412.10.9000 appeared for the first time in Revision 2 and also appear in Supplement 1, issued on 7/1/2008. Check out the various revisions/supplements: http://www.usitc.gov/tata/hts/index.htm
Wizard on Question 49
While B may sound good and could be considered correct, it may not be the "BEST" answer. Part 141.2 states that with some exceptions, "dutiable merchandise imported and afterwards exported, even though duty thereon may have been paid on the first importation, is liable to duty on every subsequent importation into the Customs territory of the United States." Although not specifically stated, it is highly likely that the cruise ship left the U.S. territory, thus exporting the products. Answer E is the "BEST" answer because if duties are due, they will be subject to duty based on a reasonably adjusted value that takes into consideration the use and depreciation. HQ H019722
Wizard on Question 4
Check out 141.87 “Whenever the classification or appraisement of merchandise depends on the component materials, the invoice shall set forth a breakdown giving the value, weight, or other necessary measurement of each component material in sufficient detail to determine the correct duties.”
Wizard on Question 67
Question 67 asks which answer would invalidate a prior disclosure. Answer B only states that the disclosure is verbal rather than in writing. Verbal disclosures are allowed, but they must be followed up by written confirmation. Merely making a disclosure verbally should not invalidate the prior disclosure so long as it is followed up by written confirmation. 162.74(a)(2).
Answer A is correct because 162.74(b)(1) requires the identification of the class or kind of merchandise involved in the violation.
Wizard on Question 72
134.45(b) allows for abbreviations and variant spellings which unmistakably indicate the name of a country, such as “Luxemb” and “Luxembg” for “Luxembourg” and “Italie” for “Italy.”
Wizard on Question 77
While one might argue the pipes should be eligible for informal entry because they are for personal use, none of the personal use provisions 141.23 (d), (e) or (f) apply because the question does not state that these pipes are household or personal goods accompanying the person or that they were used by the person abroad. The duty exemption for articles for personal or household use is contained in subheading 9804.00.65 of the Harmonized Tariff Schedule of the United States (HTS) and section 148.33 of the Customs Regulations. In order to benefit from this exemption, the imported article must accompany the returning resident as he/she returns to the United States. For an exemption under 10.151 or 19 USC 1321, the value must be $200 or less. Since the pipes do not fit any of the provisions for informal entry, the importation would require a formal entry since the value is greater than $250 and classified in Section VII.
Wizard responds to "Taking April 2009"
From what I've heard, CBP tried to notify the people who had passed on April 2008 protests prior to the October 2008 exam.
How many do you think you'll need to pass October 2008? You can always protest questions from this test.
If not, don't worry - you are in good company. I've heard of people taking the test multiple times. Just don't get discouraged. You're already bound to know more than you did a year ago. What about your preparation and test-taking strategies? Also, take a look at the questions you missed on both tests. Focus on those areas. The Wizard also posts helpful hints on how to study for the exam. You can view them in the Blog Archives for previous months...primarily August and September.
Hi,
As for the A* question-
simple question what does A* stand for? That some LDBDC's don't qualify.
So doesn't that mean that A* is reserved for LDBDC's- in theory!!!!
Wizard,
I am sorry to disagree with you totally on #67. The CFR states only that information provided includes substantially the info provided for in paragraph (b). So if you file a prior disclosure and give as much info as you can including b(2) - b(4) but cant fulfill b(1) you can still get prior disclosure accorded.
The only way you can invalidate it is by not writing it and only verbalizing it.The question is not a definition of disclosure.
& if you think its (A) then why not (D). 162.74b(2) says "identifies the importation or drawback claim included by entry number........"
neither would invalidate it, just because I don't have the entry # or Class of merchandise or even kind. As long as I can "substantially include" the information to accord the full benefits of a prior disclosure.
I'm sorry, but how on earth can you file a prior disclosure and NOT know the class or kind of merchandise???????????
If you've entered a good, you know the class or kind of the good.
Put it to you this way, every other answer B-D is flat wrong.
Only A is correct (i.e., the best answer).
Since the questions based on rulings are being included on the test, why are they not included on the Test Announcement as required materials? I believe that since the participants can not have electronic access to the CBP website for verification of classifications, the questions that are directed by rulings should be either discounted and credit given to all that took the test.
Wizard, when do you think CBP will post the official answers?
Wizard on Exam Posting
Unfortunately, the Wizard can't predict when the exam answers will be posted by CBP. A copy of the exam is usually posted within a couple of weeks of the test and the answers follow several weeks after the exam is posted.
Wizard Comments on Rulings
The rulings are provided by the Wizard to provide support and additional explanation of the proposed answer.
Q54: Why is there no answer posted on the key? Am I missing something? I believe the correct answer is E.
The exam has been posted to CBP's website today...
Obviously, the answers are still pending.
Regarding Q. 47 and the comment, "Before I did the exam, I did a little trigger calculation....At what level does the $25.00 MPF minimum get triggered. The answer is $11,905. So long as your NEV is $11,905 or greater, you can do the MPF+HMT (if applicable) division calculation without fear of missing the MPF floor.
$16,050 - $3,500 = $12,550 value. No need to worry about the MPF floor.
$12,550 / 1.1341 = $11,066.04
Answer = B"
The MPF floor is based on the value of the merchandise as determined under 19 U.S.C. 1401a. I'm sorry, but at a value of $11066.00 the minimum MPF does apply, right? Think about it, if as you hold, the correct entered value is $11066.00 then what is the MPF due? Do importers pay MPF as a percentage of the entered value plus duty? No, so it must be figured on the value of your answer $11066. My math comes out at $23.24. But, per 19 CFR 24.23 (b) (B) the Minimum due is $25.00. I am extremely confident that the answer is in fact E for this question. It was tricky, but that's why they ask it.
Wizard,
Here is my last plea for #67.
If I contact customs and tell them that I made a clerical error on a shipment, that it was country of origin Germany instead of France.
The entry # is 146-89888372.
The port of entry is 4701.
Date of entry 12/10/08.
Now I tell him all this orally.
And tells me to put it in writing and I do. you say I will not be accorded prior disclosure because I forgot to tell him the commodity?
He will see the commodity when he pulls up the entry #, they don't need me to tell them that, as long as I give them enough info to substantiate my claim.
Now if I don't ask customs for a waiver to put it in writing and I DON'T put it in writing within 10 days after the oral disclosure, the prior disclosure will be denied(invalidated)!!!
What say you?
Wizard on Queston 54
Sorry about the omission. When the Excel file was converted to PDF, that one was cut off. The potential answer - E - 111.12(a)
Thank you for catching that one for us!
Wizard on Question 67
The Wizard doesn't write or grade the test, so all pleas will have to be addressed to the Grand Wizard at CBP. Maybe CBP will allow both answers. They have been known to throw out questions and allow more than one answer. If CBP agrees with you, then you'll be set. If they don't agree with you, then present your case to them as a protest. Lots of people submit protests. The key is to present a good protest that convinces them that your option is correct. Hopefully, you've passed the exam and it won't even be an issue!
Ok, thank you... I'll continue to study and to wait for the answer to my protest and for the answers for the Oct 2008 exam...
I have read about the rulings and I agree that because that material wasnt included in the instructions for the exam we should protest those questions with the intent that Customs can drop them or to give us credit for them...
I encourage everyone to contact customs now!!! Before they release the exam results and complain about the questions based on rulings.
#6,16,24,28,29,31,34,49.
I faxed a letter to the Branch chief broker compliance, Washington D.C.
Fax # 202-863-6540.
If we wait until after the results are published we will never win.
FAX, CALL , NOW!!!!!!!!!!!!!!!!!!!
Wizard Comments on Questions Using Rulings
Calling CBP before the answers come out won't likely help and may only aggravate them. Filing a protest is your best option. The rulings we cited in some of the answers were for reference purposes to support and demonstrate the logic behind the answers. It doesn't necessarily mean that the questions couldn't be answered without the ruling.
Wizard - Obviously, I know that this is a preliminary answer key and Boskage is in no way liable for the potential answers listed.
I was curious though on the level on confidence in the listed answers. As is stands now, I expect to have passed. Hopefully this key sticks!
IS there any update on when the answers will be released? Also, how many questions can one realistically protest? It appears there are a lot more potentially protestable questions here than in some of the past tests.
Wizard on Realistic Protests
How many questions can be realistically protested? Obviously, you can protest as many as you need; however, you should be able to provide good solid reasons why your answer is better than the answer stated for any question protested. If you need one question to pass and you believe that there are three questions that merit review, then by all means, submit all three for protest. Just be sure to present clear and convincing arguments for each. We'll be discussing protests after the official answers are posted. Check out some of the articles and comments from last April's exam for a preview.
Wizard on Exam Answer Accuracy
Like the Wizard of Oz, this Wizard also makes mistakes. That being said, the Wizard averages 90% accuracy on the projected answers. The Wizard will let you in on a little secret. Many years ago when the Wizard took the exam, the Wizard scored a 97 on it.
Have any one get the result yet?? It is suppose to be around within 21 days of exam right?? When will they start mailing out exam results. I am so nervous since day 1 after the exam. =)
I actually placed a call to CBP and they stated that the answer key should be posted by the end of next week. The letters shold follow a week later
Tuesday, Nov. 4 The Port Director's office in Charlotte, NC, just telephoned me to advise that I PASSED the Broker Exam. Whew. It was my second attempt, so I am relieved. They would not tell me my score over the phone but said that the scores should be received within 7-10 days.
Now that I know they will be posting their answers soon..I am checking their website constantly. Good luck to everyone!
Customs has posted their responses!! Good luck!
Wizard, would you be posting some tips on how to protest some of the questions? That would be a great help. As it is, I need 3 more for a passing grade. Thanks!
Do you guys know if there is there any way we can call CBP to find out if my name is in the Pass or Fail record?
I looked at the answers key today. and I got a 75%.. but I am so unsure if I marked down any of the answer incorrectly.. That "what if" mind thinking keep coming up in my head. lol. So i want to call them to see if I pass. If not.. I need to start preparing my protests. =D
Looks like I passed with flying colors. Thankful this is almost over.
Does anyone know the national pass percentage for this exam?
Wizard-
Just wondering if the passing rate for the Oct. exam has been announced.
I've heard of people calling CBP to find out if they passed or not. If that's true do we call the port where we took the test or somewhere else?
The national Pass rate is being reported 10.1%
I missed passing by two questions. Looking for input anyone may have regarding possible protests for Questions 1,17,45,47,58,60,72,75
10.1%
I got a call from CBP congratulating me on my score...
Yayh.
Has anyone yet heard of the official pass rate for this exam? I heard yesterday from the port I took the exam at, but thus far, it seems like there are very few I've found that have heard anything yet. By the way, the Wizard got 78 out of 80 correct, or another 97.5%. Hat's off to him or her, I'm impressed.
I found out I failed by 1 question so I'll definitely be protesting. I think I'll protest question 43 as answers C (which Wizard guessed) and E are misleading. What else are people thinking they will protest?
If you agreed with the wizard on 22 & 43 you would have a good arguement.I'm still waiting for the official results but it looks like I passed. Good luck on the protest!
Hi all, I failed by 1 question also, would anyone know where I can find a protest example so I can sort of figure how to even address customs on the questions I am going to protest.
I received notification from the local port that I passed on Saturday. My application package was mailed before DC sent my results letter. Looks like the ports are ahead of HQ.
Has anyone received their notification letter from DC yet?
I protested the April 2008 Exam, and got credit for 2 questions , which gave me a passing grade of 76.25%.
Following is my argument for question 40 from the April 2008 exam, which I got credit for. Remember to cite CFR 19 with the regulatory sites for your answer - (or HTSUS if applicable.) The cover sheet format is different than the format page for the question being protested. I hope this helps...Good luck! / TMN
APPLICANTS NAME: YOUR NAME
EXAM DATE: APRIL 7, 2008QUESTION BEING APPEALED: Q40
Q40. Currently, which of the following is eligible to become a C-TPAT Customs broker?
A. A “person” residing in Mexico and employed in Laredo, Texas
B. A nonresident validated C-TPAT corporate importer
C. An illegal alien residing in the United States
D. A Customs and Border Protection Officer
E. An Afghan national residing in the United States and employed in Canada
Answer I selected: B
I argue that there is no correct answer out of the 5 choices listed on the Exam for this question. Credit should be granted for any answer.
Answer A does not state that the “person” is U.S. Citizen. The definition for “person” in CFR19 111 states “person” includes individuals, partnerships, associations, and corporations”. The definition of “person” does not indicate that the person is a U.S. Citizen, and the question does not contain the necessary information to make an informed decision when answering it.
Subpart B – Procedure to Obtain License of Permit
§111.11 Basic requirements.
(a) Individual. An individual must:
(1) Be a citizen of the United States, but not an officer or employee of the United States
(2) Be at least 21 years of age
(3) Be of good moral character: and
(4) Establish through an examination that he has sufficient knowledge of Customs and related laws, bookkeeping, accounting and all other appropriate matters to render valuable service to importers and exporters. (etc)
Answer A is ambiguous as the “person” could be a US Citizen or not. A “person” being employed in Laredo, Texas does not make you eligible to be a Customs Broker as place of residence is not a requirement to obtain a customs license, it is U.S. Citizenship that is a requirement for Brokers License or permit per 111.11.
• An individual in not necessarily a U. S. Citizen just because they reside in the United States, in which case it would prevent them from being able to obtain a Customs Brokers License per 111.11 (a) Basic Requirements for Individual License.
page 2
APPLICANTS NAME: Your name
EXAM DATE: APRIL 7, 2008
QUESTION BEING APPEALED: Q40 (continued)
• A resident of the state of Texas would make you a resident of United States, but that does not necessarily mean that you are a United States Citizen, so you would not be eligible to be a customs broker per 111.11 (a) Basic Requirements for Individual License.
• The company employing the “person” would not qualify for a partnership, association or corporation license without a qualifying individual license holder per 111.11 (b) and (c).
Answer A should be eliminated as it is incorrect, per above argument, it is not applicable to the Basic Requirements for obtaining a Customs Brokers License, per CFR 19 111.
Answers B, C, D and E are also incorrect for the above stated reasons, as non applicable for Basic Requirements for obtaining a Customs Brokers License, per CFR 19 111, and should be eliminated .
There is no correct answer listed out of the choices given. This question should be awarded credit for any answer, and I should receive credit for it.
I'm getting ready to protest and was checking out the CBP site to see what I needed to include in my packet when I noticed that I never received a letter with my answer sheet, and a copy of that is needed for the protest. Has anyone else run into this?
I have also come across the same problem and not received a letter with the answer sheet. Wizard can you give us your thoughts? Thank you.
Same here, as with a coworker of mine who also passed.
Photocopy of my answer sheet and an CBP answer key, but no letter.
Wizard comments on "Missing Letters"
The Wizard is stumped. Maybe CBP is conserving paper. Seriously, if someone has a letter they would like to share, we'll post it. Please email it to the Wizard's attention at inquiries@boskage.com.
I have the same issue. A copy of my answer sheet & the key came in the mail from the Broker Compliance Branch of CBP in Washington. If I'm not mistaken the letter is supposed to come from the port where you took the exam, correct?
Just received my letter in the mail today, I passed!!!
I commented earlier in the thread that I was waiting for my official results but had my application package from the port already.
It's official, I received my pass letter today. The local ports are just a day or two ahead of HQ.
Just wanted to update incase anyone else has been camping out in front of their mailbox.
It seems the scan-tron and official answer sheet came from DC, and the pass/fail letter is coming from the port.
I got mine 2 days apart.
Totally protest Q.75
As stated near the beginning of these posts... Answer D and E are correct using the materials:
Appendix E
CBP 7501 instructions
I received two separate letters from CBP, in yesterday's mail (Nov. 12). One letter included only the CBP answer sheet and a photocopy of my actual exam answer sheet. The second letter contained a congratulatory letter for passing the exam with further instructions regarding the licensing process. BOTH letters were mailed from Washington DC.
It is being reported that approx. 1400 people took the OCT 2008 exam, and that 141 passed...10.1% pass rate for this exam.
I have appealed to the April 2008 exam and just received my results from that appeal. I appealed Q 57 choosing as answer A ) because Korean sewing thread does not disqualifies for preferential treatment; yet that is CBP response; that Korean sewing thread does not meet the requirement as specified in CH 98 XIX 3(b); in their response they apply this criteria to the waistband only and not to the sewing thread..., is this accepatble?
On Q64, I appealed because my answer is an Action that can not be taken by the importer and the answer they provide is an action that cannot be taken by CBP. I think this is an ambiguos question that merit credit. Can you please share with me your opinion?
Wizard Comments on Q64 -April 2008
It shouldn't really matter which party can or cannot take the action since CBP did not specify a party. The point of the question is which action, regardless of the party, cannot be taken after liquidation becomes final. True, the importer "can" take action under A, B, and D. Answer E sort of applies to both parties. Note that ALL of those actions CAN be taken. The importer may request internal advice after liquidation. The importer can file a prior disclosure after liquidation. The importer can file a protest after liquidation. Answer E is also available because even if a valid protest was not filed, CBP may reliquidate an entry to refund excess duties. The only action out of all of the options that cannot be taken by anyone is the demand for return of merchandise. True, CBP is the party that demands the return, but the primary point is that demanding the return cannot be done after liquidation.
Sorry this won't help your appeal, but maybe it will shed some light on the intent of the question.
I just protested the Oct.2008 exam, how long does CBP take usually to get the protest result?
Wizard Comments on Protest Response
Unfortunately, you may not receive the results of your protest until the next exam. Some people are just now receiving results from the April 2008 protests. CBP tries to get the responses for approved protests out sooner, but they still run pretty close to the deadline for taking the next exam.
Wizard sorry I insist with the Korean sewing thread Q57, and the ambiguity of Q64. I really like to read your opinion on both issues.
i also read your recommendation on cit.gov
I have appealed to the April 2008 exam and just received my results from that appeal. I appealed Q 57 choosing as answer A ) because Korean sewing thread does not disqualifies for preferential treatment; yet that is CBP response; that Korean sewing thread does not meet the requirement as specified in CH 98 XIX 3(b); in their response they apply this criteria to the waistband only and not to the sewing thread..., is this accepatble?
On Q64, I appealed because my answer is an Action that can not be taken by the importer 181.31. I think this is an ambiguos question that merit credit.
Can you please share with me your opinion?
Wizard Responds to Q57 & Q64
The Wizard posted a response to Q64on November 20. There are also other comments found on the blog under April 8 Exam.
The Wizard isn't much help on Question 57 as this was one the Wizard missed! Answers C, D and E are easily eliminated. Chapter 98 Section XIX Note 3(a)(i) appears to include sewing thread; however, CBP states that the sewing thread from Korea disqualifies the goods. Maybe one of our blog readers who has more knowledge of these intricate trade program rules will respond.
What is the deadline for filling a protest? I was under the impression that I had 60 days from the date of receipt of the results. The CBP letter I got was dated Nov 7, Postmarked 10 days later on the envelope (Nov 17) and received shortly there after, but the letter itself says my protest must be postmarked no later than Jan 7???
Wizard Comments on Exam Protest Period
Protests must be filed within 60 days of the the date of the written notice, not the postmark on the envelope. See 19 CFR 111.13(f). There is also a blog entry covering exam protests posted on November 5, 2008.
How long do I have to wait for my protest!!!!!
Wizard Comments on Protests
Some people do not receive responses to their protests until very close to the next exam date. It's a good idea to register for the next exam. If you find out that your protest has been approved, you can always contact the port by Wednesday April 1 to withdraw from the exam and receive a refund.
Wizard
Are there any stats on the average number of people that appeal the exam? Also, I wonder whether there is an average that pass based upon their appeal.
Wizard Comments on Appeal Statistics
CBP tracks the number of appellants per exam and the questions challenged because they
have to respond to their appeal.
They don’t keep an average of those appellants that pass based upon their appeal.
Hi Wizard,
I passed the April 08 exam and applied in June. I'm still waiting on my license. Have you heard about any delay or any other info? This seems to be taking a long time. I love the site by the way!!
Anyone get an appeal back yet? for oct 2008.
Anyone receive a call for their interview after passing the April 08 exam ?? I'm still waiting
yes. I got an interview.. everything were fine. My interview was last week. My background / credit / FBI finger print were all good.
But 2 days after the Interview, the person who did my interview called me and said my company I work for is import and exporting without License and is in violation. And they have to put my application "on Hold". x_x.
I asked them how long is the hold; he couldnt tell me.
I asked him when are we going to have second interview with my boss (he said that will be nesscary to look more detail to the company) ; he couldnt tell me.
Since he mentioned Import and export with license violation. My boss's company is a freight forwarder, we are IATA / FMC licensed, get inspect with TSA offen. I told him we have all proof on license; he said he does not need it at the moment and will let me know. (but does not know when.)
My question: Custom broker License is a license for CUSTOM business. what does it has to do with export side? They are not related. Also, I am appling for a PERSONAL license not a company license.
Please help if anyone know what is going to happen to my case?
Thanks in advance.
Wizard Comments on License Hold
The Wizard was upset to read that you might be punished for something that your company has or has not done. It would be nice to know what license CBP feels like you are missing versus what licenses your company has; however, you are not the company. You are applying for a personal license and your company's business should not impede your license. Indulge the Wizard a minute to play the devil's advocate. Perhaps CBP thinks that you and the company are working together on this. If your company needs a broker's license, maybe CBP thinks you company induced you to get a license to make up for not having one. Remember, part of the background investigation includes character and integrity, they may be using caution to make sure that nothing unethical is going on. That being said, you might consider a little action on your own. Try to find out what licenses your company is missing. Also consider writing a letter to CBP on your behalf stating your intentions that the license is for personal use and you were unaware of your company's actions. Mention that further investigation of your references and background will reveal that your character meets the high standards imposed on brokers and that you wish to be considered on your own mertts and not be penalized for something you had no control over. Let someone you respect read the letter and then send it. Good luck and keep us posted on your progress!
Hello Wizard,
Thank you very much for your useful advice =). I will definately send an inquiry to CBP on this.
One little problem I have. The "investigation" person who is doing the work now is I.C.E. department. So he said he is holding my application at his spot until he is finish with my company case. It is currently not CBP who is holding. I tried to ask I.C.E. what license my company is missing, but the outcome was not too resourceful.
I guess I will take your suggestion to check with CBP to see if they can look into it and help me as well. (I am really afraid that they will hold my case for a long time and say. "Oh, I am sorry, your company is okay." Then I will be wasting my waiting time. As we all know gov't agency tend to do that.)
Anyways. I will try to keep everyone posted on my case :) As I couldnt find anything like my situation out there on the web. I hope this will be useful for future references :)
How long does Customs have to either accept or reject your exam protest?
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