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 C—Duties and Responsibilities of Customs Brokers

19 C.F.R. § 111.25

Records must be available

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(a) General. During the period of retention, the broker must maintain the records referred to in this part in such a manner that they may readily be examined. Records required to be maintained under the provisions of this part must be made available upon reasonable notice for inspection, copying, reproduction or other official use by representatives of the Department of Homeland Security (DHS) within the prescribed period of retention or within any longer period of time during which they remain in the possession of the broker.

(b) Examination request. Upon request by DHS to examine records, the designated recordkeeping contact (see § 111.21(d)), must make all records available to DHS within thirty (30) calendar days, or such longer time as specified by DHS, at the location specified by DHS.

(c) Recordkeeping requirements. Records subject to the requirements of part 163 of this chapter must be made available to DHS in accordance with the provisions of that part.

[CBP Dec. 22-21, 87 FR 63316, Oct. 18, 2022]
Notes of Decisions
Cited in 4 cases, 1979–1997 · leading case: In Re Grand Jury Proceedings. Robert M. McCoy & Charles Sussman, 601 F.2d 162 (5th Cir. 1979).
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In Re Grand Jury Proceedings. Robert M. McCoy & Charles Sussman, 601 F.2d 162 (5th Cir. 1979). “19 C.F.R. §§ 111.25 , 111.26. The subpoena on its face seeks more than the “required records” described in Section 111.”
United States v. McCoy, 492 F. Supp. 540 (M.D. Fla. 1980). · cites it 2× “19 C.F.R. §§ 111.25 and 111.27 (1978). The Court is of the opinion that almost all of the books and papers secured through the use of the grand jury subpoena on Withers are records required by the aforementioned administrative regulations to be retained and available for…”
Urbano v. United States, 967 F. Supp. 1322 (Ct. Intl. Trade 1997). “23 (a)(2) (1994) (requiring records be kept by a broker "for at least 5 years after the date of entry”); 19 C.F.R. § 111.25 (1994) (requiring a broker to "maintain his records in such manner that they may readily be examined” and "made available for inspection, copying,…”
United States v. Klingler, 827 F. Supp. 1287 (E.D. Mich. 1993). “Records shall be available, 19 C.F.R. § 111.25 . 4 . 19 C.F.R. § 111.”
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