NCBFAA weighs in on broker filer code lawsuit

NCBFAA weighs in on broker filer code lawsuit    The National Customs Brokers & Forwarders Association of America said Friday it has filed an amicus brief in the Court of International Trade contesting Customs and Border Protection’s authority to revoke a customs broker’s entry filer code without affording the broker due process.
   The NCBFAA filed its brief in the case, Lizarraga Customs Broker v Bureau of Customs and Border Protection, U.S. Department of Homeland Security; and Rosa Hernandez, port director, Otay Mesa, Calif.
   'The brief argues that, given the current paperless, automated environment, the prevalence of remote location filing, the inherent inefficiencies of manual filing and the inability to effect clearance through other government agencies, deactivation of the entry filer code is tantamount to suspension or revocation of the customs broker's license,' the association said in a statement. 'It further argues that the entry filer code is a property right that can only be revoked with due process.
   'As a result, Customs is required to serve notice upon the broker specifically stating the grounds for the complaint. The broker is afforded 30 days to respond after which a hearing must be held before an administrative law judge. Following the hearing, the agency must issue a written decision setting forth the findings of fact and the reasons for the decision. This decision is subject to judicial review. None of these procedures were followed in the instant case.'
   The NCBFAA also argued that CBP never published guidelines as to what actions might be considered “misuse” of a broker filer code.