The submission period for the statutorily mandated 2018 Customs Broker Triennial Status Report and applicable fee for all licensed customs brokers is now open as of today and will run until the end of day on February 28, 2018.
Under U.S. law (19 CFR § 111.30), all entities holding a broker’s license must file a status report with CBP and pay a processing fee of $100 every three years, in accordance with 19 CFR § 111.30(d). No form or particular format is required, but CBP has posted a sample for guidance purposes (another unofficial form can also be downloaded here).
Licensed customs brokers must include an employee list, if applicable, with each status report submitted to CBP in accordance with 19 CFR § 111.28(b). In addition, each individually licensed broker must state whether or not he/she still meets the applicable requirements of 19 CFR § 111.11 and 111.19 and has not engaged in any conduct that could constitute grounds for suspension or revocation under section 111.53. Broker employee lists and any additional detail can be submitted as a PDF file attachment with the Pay.gov online form.
Individuals are considered to be “actively engaged” in transacting customs business when they are currently transacting or have recently transacted customs business on behalf of others as a sole proprietor, or when they are employed by a licensed customs broker which is currently transacting or has recently transacted customs business on behalf of others. Those who work for another broker and are not directly involved in any activities which fall under the scope of the definition of customs business may report that they are not actively engaged in customs business.
Partnerships, corporations, and associations must also report to customs in a status report whether or not they are actively engaged in customs business. An organization which currently transacts or recently transacted customs business on behalf of others should report that they are “actively engaged” in customs business.
CBP encourages all brokers to submit the report and fee electronically via Pay.gov; however, the agency will also accept a paper status report and payment at the port that originally delivered the license. Failure to file a Triennial Status Report will result in the customs broker’s license to be revoked by operation of law, without prejudice.
Note: Additionally, the Customs Brokers User Fee Payment for 2018 that is assessed for each permit held by a broker, whether it may be an individual, partnership, association, or corporation, is due by January 26, 2018. Pursuant to fee adjustments required by the Fixing America’s Surface Transportation Act and CBP regulations, the annual user fee for calendar year 2018 is now $141.70.