John Doe took the Customs broker license exam in April 2009 at the Port of New York, and subsequently obtained his license through the Port of Miami in October 2010. One month later, John was hired by Unknown Customs Brokers (“Unknown”), a national company employing 9 other licensed brokers. Unknown possesses a corporate broker’s license. In August 2012, while perusing old Customs Bulletin notices, John realizes that Unknown did not file John’s triennially-due status report (“triennial”), nor pay the associated fee. Moreover, John searches his records and finds a written notice sent by certified mail in March 2012, from the Miami Port Director, notifying him of the suspension of his license. John is determined to continue his career as a licensed broker. Which of the following courses of action should John take?
A. Contact the port of Miami and submit his triennial report within 60 calendar days.
B. Request that Unknown immediately file a triennial report on his behalf, including a statement acknowledging third party liability for the late filing, and pay the associated fee.
C. Realize that his broker’s license has been revoked by operation of law and file an application for a new license.
D. Do nothing and continue to transact customs business as a licensed customs broker because Unknown filed a triennial report for the company’s corporate broker’s license. Therefore, John did not have to file a separate individual triennial report.
E. Submit a well-formed appeal to CBP headquarters, citing third party liability. Then submit a copy of the appeal to the Port of Miami.
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The Answer is: C
Citation: 19 CFR 111.30(d)
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