C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 111—CUSTOMS BROKERS › Subpart B—Procedure To Obtain License or Permit

19 C.F.R. § 111.13

Examination for individual license

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(a) Scope of examination. The examination for an individual broker's license will be designed to determine the individual's knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters necessary to render valuable service to importers and exporters. The examination will be prepared by Customs and Border Protection (CBP).

(b) Basic requirements, date, and place of examination. In order to be eligible to take the examination, an individual must on the date of examination be a citizen of the United States who has attained the age of 18 years and who is not an officer or employee of the United States Government. CBP will publish a notice announcing each examination on its Web site. Examinations will be given on the fourth Wednesday in April and October unless the regularly scheduled examination date conflicts with a national holiday, religious observance, or other foreseeable event and the agency publishes in the Federal Register an appropriate notice of a change in the examination date. An individual who intends to take the examination must complete the electronic application at least 30 calendar days prior to the scheduled examination date and must remit the examination fee prescribed in § 111.96(a) at that time. CBP will give notice of the time and place for the examination, including whether alternatives to on-site testing will be available, which is at CBP's sole discretion.

(c) Special examination. If a partnership, association, or corporation loses the required member or officer having an individual broker's license (see § 111.11(b) and (c)(2)) and its license would be revoked by operation of law under the provisions of 19 U.S.C. 1641(b)(5) and § 111.45(a) before the next scheduled examination, CBP may authorize a special examination for a prospective applicant for an individual license who would serve as the required licensed member or officer. CBP may also authorize a special examination for an individual for purposes of continuing the business of a sole proprietorship broker. A special examination for an individual may also be authorized by CBP if a brokerage firm loses the individual broker who was exercising responsible supervision and control over the transaction of customs business before the next scheduled examination. A request for a special examination must be submitted to the Executive Assistant Commissioner, Office of Trade, in writing and must describe the circumstances giving rise to the need for the examination. If the request is granted, the Executive Assistant Commissioner, Office of Trade or his/her designee, will notify the prospective examinee of the exact time and place for the examination. If the individual attains a passing grade on the special examination, the application for the license may be submitted in accordance with § 111.12. The examinee will be responsible for all additional costs incurred by CBP in preparing and administering the special examination that exceed the examination fee prescribed in § 111.96(a), and those additional costs must be reimbursed to CBP before the examination is given.

(d) Failure to appear for examination. If a prospective examinee advises the Office of Trade at the Headquarters of U.S. Customs and Border Protection, Attn: Broker Management Branch, electronically in a manner specified by CBP at least 2 working days prior to the date of a regularly scheduled examination that he will not appear for the examination, CBP will refund the examination fee referred to in paragraph (b) of this section. No refund of the examination fee or additional reimbursed costs will be made in the case of a special written examination provided for under paragraph (c) of this section.

(e) Notice of examination result. CBP will provide to each examinee written or electronic notice of the result of the examination taken under this section. A failure of an examinee to attain a passing grade on the examination will preclude the submission of an application under § 111.12 but will not preclude the examinee from taking an examination again at a later date in accordance with paragraph (b) of this section.

(f) Appeal of failing grade on examination. If an examinee fails to attain a passing grade on the examination taken under this section, the examinee may challenge that result by filing a written or electronic appeal with the Office of Trade at the Headquarters of U.S. Customs and Border Protection, Attn: Broker Management Branch, within 60 calendar days after the date of the written or electronic notice provided for in paragraph (e) of this section. CBP will provide to the examinee written or electronic notice of the decision on the appeal. If the CBP decision on the appeal affirms the result of the examination, the examinee may request review of the decision on the appeal by submitting a written or electronic request to the appropriate Executive Director, Office of Trade, U.S. Customs and Border Protection, within 60 calendar days after the date of the notice on that decision.

[T.D. 00-17, 65 FR 13891, Mar. 15, 2000, as amended by T.D. 03-23, 68 FR 31977, May 29, 2003, CBP Dec. 09-38, 74 FR 52401, Oct. 13, 2009; CBP Dec. 10-29, 75 FR 52458, Aug. 26, 2010; CBP Dec. 17-05, 82 FR 29718, June 30, 2017; CBP Dec. 22-21, 87 FR 63314, Oct. 18, 2022]
Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1983–2025 · leading case: Dunn-Heiser v. United States, 374 F. Supp. 2d 1276 (Ct. Intl. Trade 2005).
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Dunn-Heiser v. United States, 374 F. Supp. 2d 1276 (Ct. Intl. Trade 2005). · cites it 4× “§ 1641 (b)(2); 19 C.F.R. § 111.13 (a) (2002). 6 The exam is administered twice a year (in the spring and the fall), and consists of 80 multiple choice questions covering a range of topics pertinent to a broker’s duties (including entry, classification, country of origin, trade…”
Michael J. Kenny v. John W. Snow, Sec'y of the Treasury, & United States, 401 F.3d 1359 (Fed. Cir. 2005). · cites it 2× “After Customs affirmed the result of the October 2001 Exam, Kenny petitioned the Secretary, see 19 C.F.R. § 111.13 (f) (2004), who upheld the denial of credit, noting that Question 32 stipulated the “alcoholic strength by volume,” which obviated the need to provide additional…”
Depersia v. United States, 637 F. Supp. 2d 1244 (Ct. Intl. Trade 2009). · cites it 3× “” 19 C.F.R. § 111.13 (a). Under the circumstances of question 9, the most valuable sendee an importer might receive is one which allows the importer to seek redress on both its current and ongoing transactions.”
Byungmin Chae v. United States, 2024 CIT 126 (Ct. Intl. Trade 2024). · cites it 3× “19 C.F.R. § 111.13 (f). Applicants may further file for judicial review by the U.”
United States v. UPS Customhouse Brokerage, Inc., 686 F. Supp. 2d 1337 (Ct. Intl. Trade 2010). “67-69 (requirements regarding hearing officer and findings of fact) with § 1641(b) and (c) (denial grounds) and 19 C.F.R. §§ 111.13 (e), 111.16-17, 111.19(e), (g) (requirements regarding denial of permit of license and administrative appeals therefrom).”
Bell v. United States, 17 Ct. Int'l Trade 1220 (Ct. Intl. Trade 1993). “Shortly thereafter, plaintiff passed the written broker’s examination required by 19 C.F.R. § 111.13 (1993). Customs conducted a background investigation of plaintiff and issued its report on December 5, 1989, pursuant to 19 C.”
Pietrofeso v. United States, 801 F. Supp. 743 (Ct. Intl. Trade 1992). “Plaintiff passed the written broker’s examination required by 19 C.F.R. § 111.13 . Her application was then sent to the office of the Special Agent in Charge, JFK Airport, in order for a background investigation to be conducted pursuant to 19 C.”
Chae v. Yellen (Fed. Cir. 2023). · cites it 4× “19 C.F.R. § 111.13 (b). “Applicants who fail the examination and do not receive a passing score can retake the exam without penalty.”
Harak v. United States, 2006 CIT 106 (Ct. Intl. Trade 2006). · cites it 4× “19 C.F.R. § 111.13 (e). The record does not reflect whether Plaintiff has retaken or plans to retake the examination.”
O'Quinn v. United States, 100 F. Supp. 2d 1136 (Ct. Intl. Trade 2000). · cites it 2× “See 19 C.F.R. § 111.13 (e). 3 Customs prepares and grades the examination.”
Chen v. United States, 2025 CIT 117 (Ct. Intl. Trade 2025). · cites it 2× “” 19 C.F.R. § 111.13 (a); see 19 U.S.C. § 1641 (b)(2).”
Nikolic v. United States, 565 F. Supp. 1042 (Ct. Intl. Trade 1983). “19 C.F.R. § 111.13 . Jurisdiction in the within proceeding is conferred on this court by 28 U.”
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— 19 C.F.R. § 111.13(a) — 1 case
Depersia v. United States, 637 F. Supp. 2d 1244 (Ct. Intl. Trade 2009). “” 19 C.F.R. § 111.13 (a). Under the circumstances of question 9, the most valuable sendee an importer might receive is one which allows the importer to seek redress on both its current and ongoing transactions.”
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