Home › Discussion › Broker Compliance › Quiz 1, Question 9
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Would you be so kind as to provide an alternative citation for this question? Also, in weighing 19 CFR 111.2(b)(2)(i)(D) into this question, could the correct answer possibly incorrect when CR states:
“A broker who did not file the entry, but who has been appointed by the importer of record, may orally or in person or in writing or electronically represent the importer of record before Customs…even though the broker does not have a permit for the district within which those representations are made, provided that, if requested by Customs, the broker submits appropriate evidence of his right to represent the client on the matter at issue.”
9. Question 1 point
An inquiry by Customs is being made concerning the importation of merchandise by a certain importer through the port of Miami. The importer is instructed to meet with Customs in Miami over this matter. He chooses not to participate directly but wishes to have his agent, a Customs broker permitted only in Los Angeles, represent him. Based on the above paragraph, which of the following statements is correct?A. The broker may not represent the importer in such matters since he is not permitted in Miami.
B. The broker may represent the importer if he has a letter from the importer giving him authorization.
C. The broker may represent the importer in such matters if he has a valid power of attorney.
D. Only an attorney at law may be authorized to represent an importer in matters before Customs.
E. The importer must appear in person in such matters.Correct choice is: A
Explanation: CFR 11119 CFR § 111.2(b) District permit –
(1) General. Except as otherwise provided in paragraph (b)(2) of this section, a separate permit (see § 111.19) is required for each district in which a broker conducts customs business.
(2) Exceptions to district permit rule –
(i) National permits. A national permit issued to a broker under § 111.19(f) will constitute sufficient permit authority for the broker to act in any of the following circumstances:
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(D) Representations after entry summary acceptance. After the entry summary has been accepted by Customs, and except when a broker filed the entry as importer of record, a broker who did not file the entry, but who has been appointed by the importer of record, may orally or in person or in writing or electronically represent the importer of record before Customs on any issue arising out of that entry or concerning the merchandise covered by that entry even though the broker does not have a permit for the district within which those representations are made, provided that, if requested by Customs, the broker submits appropriate evidence of his right to represent the client on the matter at issue.
…The provisions of 19 CFR 111.2(b)(2)(i)(D) would apply when the broker has a national permit issued under § 111.19(f) which will constitute sufficient permit authority for the broker to act in the given circumstances. Here the question contains incomplete information as it does not state whether the broker has a national permit. Therefore, it is not possible to answer this correctly and it may be an appealable question.
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