Adduci, Mastriani & Schaumberg LLP

Customs Considers New Rules Protecting Brokers’ and Importers’ Privileges

Proposed Rules Would Affect Suspension and Revocation of Entry Filer Codes, Immediate Delivery Privileges, and Remote Location Filing Privileges

U.S. Customs and Border Protection (“CBP”) has issued a notice of proposed rulemaking to keep its regulations in line with its due process obligations under the U.S. Constitution and current caselaw. The proposed rules would amend CBP regulations to add notice requirements and appeal procedures in the following circumstances: the suspension or revocation of an assigned entry filer code, the discontinuance of immediate delivery privileges, and the discontinuation of remote location filing privileges. CBP has determined that these three actions are akin to licenses for the purposes of the Administrative Procedure Act because all three require certain eligibility requirements to be met. The Administrative Procedures Act provides that licenses can only be revoked if the licensee has been given 1) notice by the agency in writing of the facts or conduct which may warrant the action, and 2) opportunity to demonstrate or achieve compliance with all lawful requirements. Thus, under the proposed amendments to CBP’s regulations, brokers and importers would have to be given this notice and opportunity before having their privileges revoked except in the case of certain specified extenuating circumstances. CBP’s proposed rulemaking would amend 19 C.F.R. parts 142 and 143.

March 9, 2013



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