legislation: 98-hr-5418
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| 98-hr-5418 | 98 | hr | 5418 | Customs Brokers Act of 1984 | Foreign Trade and International Finance | 1984-04-11 | 1984-06-27 | Forwarded by Subcommittee to Full Committee (Amended). | House | Rep. Frenzel, Bill [R-MN-3] | MN | R | F000380 | 1 | Customs Brokers Act of 1984 - Amends the Tariff Act of 1930 to prohibit an individual (other than solely for that person) or corporation from conducting customs business (activities involving transactions with the Customs Service concerning the entry and payment of duties on imported merchandise) unless a valid customs brokers license and permit has been issued by the Secretary of the Treasury to such individual or corporation. Permits the granting of such license to a corporation provided at least one officer of such corporation holds a customs brokers license. (Currently, at least two officers of a corporation must hold a license in order for the corporation to conduct customs business.) Provides for the revocation or suspension of such license and permit, or the imposition of a monetary penalty, for a customs broker who: (1) fails to have such license and permit while transacting customs business; (2) makes false statements on an application for such license or permit, or on a report filed with the Customs Service; (3) has been convicted of certain felonies or misdemeanors after the filing of an application for such license; (4) is licensed as a corporation and fails to have at least one officer validly licensed for a continuous period of 120 days (currently, it is for a continuous 60 day period); or (5) fails to employ for the same period at least one licensed individual within the district in which a permit was issued. Permits a broker to appeal any decision by the Secretary to deny, revoke, or suspend such broker's license or permit, or to impose a monetary penalty upon him or her, by filing a petition in the Court of International Trade. Permits the Secretary to prescribe regulations relating to the issuance of licenses or permits to customs brokers. Permits the suspension or revocation of a brokers license if a customs broker triennial report is not filed with the Secretary. Grants exclusive jurisdiction to the Court of International Trade to review any decision of the Secretary to: (1) deny an individual a license or permit; (2) revoke a license due to operation of law; or (3) impose a monetary penalty due to a violation under the Act. Grants exclusive jurisdiction to the Court of International Trade on civil action cases which arise out of an import transaction and which are commenced by the United States to recover a monetary penalty due to a violation under the Act. Permits an individual whose license or permit has been denied or revoked due to operation of law to commence an action for review in the Court of International Trade. Provides for the commencement of such actions in cases where a monetary penalty has been imposed. Prohibits the commencement of an action unless it is commenced within 60 days after the entry of a decision relating to: (1) the denial or revocation of a license or permit; or (2) the imposition of a monetary penalty. Provides that the scope of review for decisions by the Secretary to suspend or revoke a broker's license and permit shall be made on the basis of the record before the court in accordance with the provisions of this Act, except for the administrative hearing procedure on the revocation or suspension of a license or permit which shall be made in accordance with 5 USC 706. Provides that with respect to the collection or assessment of a monetary penalty imposed under the Act, the Court of International Trade may not render a judgment in a greater amount than that sought in the initial pleading of the United States. Prohibits a customs officer from permitting the delivery of imported merchandise from a public store or bonded warehouse until proof is produced showing that any customs broker's lien has been satisfied or discharged. Authorizes the Secretary to provide a refund in cases where excess duties have been paid prior to the liquidation of an entry. Sets forth the effective dates of the amendments made by this Act. | 2025-08-29T17:40:47Z |