[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR111.13]



[Page 510-511]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

 

PART 111_CUSTOMS BROKERS--Table of Contents

 

             Subpart B_Procedure To Obtain License or Permit

 

Sec.  111.13  Written examination for individual license.



    (a) Scope of examination. The written examination for an individual 

broker's license will be designed to determine the individual's 

knowledge of customs and related laws, regulations and procedures, 

bookkeeping, accounting, and all other appropriate matters necessary to 

render valuable service to importers and exporters. The examination will 

be prepared and graded at Customs Headquarters, Washington, DC.

    (b) Date and place of examination. Written examinations will be 

given on the first Monday in April and October unless the regularly 

scheduled examination date conflicts with a national holiday, religious 

observance, or other foreseeable event and the agency publishes in the 

Federal Register an appropriate notice of a change in the examination 

date. An individual who intends to take the written examination must so 

advise the port director in writing at least 30 calendar days prior to 

the scheduled examination date and must remit the $200 examination fee 

prescribed in Sec.  111.96(a) at that time. The port director will give 

notice of the exact time and place for the examination.

    (c) Special examination. If a partnership, association, or 

corporation loses the required member or officer having an individual 

broker's license (see Sec. Sec.  111.11(b) and (c)(2)) and its license 

would be revoked by operation of law under the provisions of 19 U.S.C. 

1641(b)(5) and Sec.  111.45(a) before the next scheduled written 

examination, Customs may authorize a special written examination for a 

prospective applicant for an individual license who



[[Page 511]]



would serve as the required licensed member or officer. Customs may also 

authorize a special written examination for an individual for purposes 

of continuing the business of a sole proprietorship broker. A special 

written examination for an individual may also be authorized by Customs 

if a brokerage firm loses the individual broker who was exercising 

responsible supervision and control over an office in another district 

(see Sec.  111.19(d)) and the permit for that additional district would 

be revoked by operation of law under the provisions of 19 U.S.C. 

1641(c)(3) and Sec.  111.45(b) before the next scheduled written 

examination. A request for a special written examination must be 

submitted to the port director in writing and must describe the 

circumstances giving rise to the need for the examination. If the 

request is granted, the port director will notify the prospective 

examinee of the exact time and place for the examination. If the 

individual attains a passing grade on the special written examination, 

the application for the license may be submitted in accordance with 

Sec.  111.12. The examinee will be responsible for all additional costs 

incurred by Customs in preparing and administering the special 

examination that exceed the $200 examination fee prescribed in Sec.  

111.96(a), and those additional costs must be reimbursed to Customs 

before the examination is given.

    (d) Failure to appear for examination. If a prospective examinee 

advises the port director at least 2 working days prior to the date of a 

regularly scheduled written examination that he will not appear for the 

examination, the port director will refund the $200 examination fee 

referred to in paragraph (b) of this section. No refund of the 

examination fee or additional reimbursed costs will be made in the case 

of a special written examination provided for under paragraph (c) of 

this section.

    (e) Notice of examination result. Customs will provide to each 

examinee written notice of the result of the examination taken under 

this section. A failure of an examinee to attain a passing grade on the 

examination will preclude the submission of an application under Sec.  

111.12 but will not preclude the examinee from taking an examination 

again at a later date in accordance with paragraph (b) of this section.

    (f) Appeal of failing grade on examination. If an examinee fails to 

attain a passing grade on the examination taken under this section, the 

examinee may challenge that result by filing a written appeal with Trade 

Programs, Office of Field Operations, U.S. Customs Service, Washington, 

DC 20229 within 60 calendar days after the date of the written notice 

provided for in paragraph (e) of this section. Customs will provide to 

the examinee written notice of the decision on the appeal. If the 

Customs decision on the appeal affirms the result of the examination, 

the examinee may request review of the decision on the appeal by writing 

to the Secretary of the Treasury within 60 calendar days after the date 

of the notice of that decision.



[T.D. 00-17, 65 FR 13891, Mar. 15, 2000, as amended by T.D. 03-23, 68 FR 

31977, May 29, 2003]