How to File an appeal?

DEADLINE/POSTMARKED by: January 7, 2009.

Who Can Appeal?
Anyone who takes a Customs Broker License Examination and does not achieve a passing score may appeal questions on that examination.

When Must an Appeal be Submitted?
Any appeal must be submitted within 60 days of the date of the letter notifying the applicant of his or her score.

What is the Basis for an Appeal?
The applicant must submit a compelling argument why his or her answer is better than the official answer for a specific question, or why the appealed question has no possible correct answer.

What Must Be in the Appeal Package?
A cover letter stating the applicant’s name and address, date and location of the examination, and the specific question(s) being appealed
A copy of the letter from CBP providing the applicant’s score
A copy of the applicant’s answer sheet
Arguments, in the required format, for each question appealed

What is the Required Format for the Appeal Arguments?
1. The applicant’s name, examination site, examination date, and question appealed must appear at the top of each page.
Each question appealed must be addressed on a separate page or pages.
(Different questions must not be argued on the same page.)

Where Should the Appeal be Sent?

U.S. Customs and Border Protection, Trade Compliance and Facilitation/Room 5.2C, 1300 Pennsylvania Avenue NW.Washington, D.C. 20229, ATTN: Broker Management Branch

What Appeals Will Automatically Be Rejected?

An appeal package will be rejected if it:

• is incomplete, is untimely, or is in the wrong format

includes any arguments written by another person

does not provide supporting arguments

argues for an answer the applicant did not select

contests an incomplete erasure or insufficient marking on the applicant’s answer sheet

Oct '08 Protest #77

77. What type of entry would be required for plastic pipes of polymers of ethylene classified as 3917.21.0000, for personal use and valued at $321.00?

A. Informal (My response)
B. Formal- (Customs answer & ref 143.21(a))
C. Transportation
D. Warehouse
E. Miscellaneous

Although I know that any plastics (3917) would fall under a formal entry, unless the value was less than $250.00, it is the fact that is for personal use. In my point, what is debatable is whether this item is for "personal use" and or for sale. What do you think?

Oct '08 Protest # 75

75. What is the check digit for filer code KAW and transaction number 3477248, given that the filer is not close to exhausting existing entry numbers and no check digit factors have been authorized by CBP?

A. 0
B. 1
C. 2
D. 3- (Customs' answer ref CATAIR Appendix E)
E. 4 - (My answer, using 7501 instructions)

Oct '08 Protest # 72

72. Which of the following markings is NOT acceptable?

A. Spanish Olives – (Customs' response & ref 134.45 and 134.46)
B. Hecho en Mexico
C. Made in Italie
D. Product of Luxemb.
E. Guatemala (My answer & ref 134.46)

Why isn't E another best answer?

Oct '08 Protest # 67

67. Which of the following would invalidate a prior disclosure?

A. The disclosure does not identify the class or kind of merchandise involved in the violation- (Customs' response & ref 162.74)
B. The disclosure is verbal rather than in writing (My response & 162.74(a)(2))
C. The disclosing party does not tender any actual loss of duties, taxes and fees or actual loss of revenue at the time of the disclosure
D. The disclosing party is unable to identify specific entries
E. A formal investigation has commenced unbeknownst to the disclosing party



This is a really tricky one. Although I agree that a prior disclosure can be made written or verbal, the fact that when a verbal disclosure is made, if you fail to submit a written disclosure within 10 days, it can invalidate your prior disclosure. What do you think? Did you choose the same response?

Oct '08 Protest # 60

60. Women’s polyester yoga pants are imported into the U.S. An accompanying Multiple Country of Origin Declaration states that the garments are manufactured in the following manner:

1) the fabric (6006.32.0040) is knit in the U.S.
2) the sewing thread (5401.10.0000) used to assemble the garment is of Korean origin
3) the cutting of fabric components is done in Mexico
4) the assembly is done in Guatemala
5) inspection and packing are done in Mexico

How should these garments be entered?

A. 9802.00.9000 / 6104.63.2011
B. 6104.63.2011 MX
C. 6104.63.2011 P
D. 6104.63.2011 P+ (My response based on ref GN29(a)(ii))
E. 6104.63.2011 (Customs' response)

What do you think is the best answer?

Oct '08 Protest #34

34. What is the classification unfinished solid oak flooring that is tongue and grooved on its edges and ends?

A. 4409.29.0555- GRI (1) (Customs' response)
B. 4409.29.2560 (My response)
C. 4418.79.0000
D. 4418.90.4605
E. 4421.90.9760

Oct '08 Protest # 17

17. What is the classification of a child’s woven short sleeve shirt, with a full frontal opening secured by buttons fastened right over left, a shirt tail, a frontal pocket and constructed from 100 percent bamboo? Based on processing, the bamboo is an artificial textile material.

A. 6206403050- HTS 65, note 1; Ch 62 Note 8 (Customs' response)
B. 6205302080
C. 6205900740
D. 6206900040 (My Answer)
E. 6106202030

Oct '08 Protest # 4

4. What information is NOT needed on the commercial invoice to describe tubes, pipes, hoses and fittings therefore, of plastic – found under HTS 3917?

A. Type of polymer
B. Diameter size in mm- HTS 3917 (Customs' response)
C. Whether rigid or flexible
D. Whether with or without fittings (My Response)
E. Reinforcing material

What was your response and why do you feel is the most appropriate?

Oct'08 Protest # 1

1. Currently a shipment is subject to a 2.9% rate of duty. Commencing January 1st of next year, the rate of duty will be reduced to an unconditional “Free” rate of duty. What type of entry procedure may allow an importer to enter the goods at the “Free” rate of duty if the goods are entered for consumption on December 23rd of the current year?

A. Entry/Entry Summary
B. Warehouse 141.69(a) (My answer)
C. Special Permit for Immediate Delivery- Ref 141.68 (c) (Customs' Answer)
D. Entry filed without summary and the CBP Officer authorizes release of the merchandise

E. Informal Entry


Anyone choose the same answer?