JAS USA COMPLIANCE

News & Insights from JAS Worldwide Compliance

JAS Forwarding (USA), Inc.

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Atlanta GA, 30328
United States
Tel: +1 (770)688-1206
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PERSISTENT CUSTOMS BROKER LICENSE EXAMINEE THWARTED BY THE SUPREME COURT

November 30, 2023

The protracted quest of Mr. Byungmin Chae to have his 2018 Customs Broker License Examination results changed to a passing grade came to an end when the Supreme Court denied his petition for a writ of certiorari in October. Mr. Chae’s case, if nothing else, proved he possesses ample persistence and determination. The court filing states that his original score on the April 2018 exam was 65%, with 75% or higher being needed for a passing grade. He filed a timely appeal to Customs and Border Protection (CBP) requesting that his answers to 13 of the questions originally marked wrong be deemed correct. Subsequent to his appeal, CBP announced that all test takers would be given credit for 3 particular questions, 2 of which Mr. Chae had been marked wrong on originally. This raised his score to 67.5%. CBP then denied his appeal request for the other 11 questions. Mr. Chae then appealed this decision to the Office of Trade. The Office of Trade granted his appeal for 3 of the questions, raising his score to 71.25%, but still short of a passing grade. Undaunted, Mr. Chae proceeded to file a petition with the Court of International Trade (CIT) as allowed by the regulations.

The CIT gave him credit for one more of the contested questions, raising his total of correct answers to 58 of the 60 he would need for a passing grade. Still undaunted, Mr. Chae filed an appeal of the CIT decision to the Court of Appeals for the Federal Circuit asking for 3 questions to be further reviewed. The Appeals Court gave him credit for one of the questions, raising his correct answer total to 59 of the 60 needed. However, the Supreme Court denial of his certiorari request ended the appeals process, terminating his case and giving new meaning to the phrase “so close, yet so far…”.

Link to Supreme Court denial and documents
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Latest News

DERIVATIVE LIST

On February 11, 2025, the President issued a proclamation regarding the importation of steel and aluminum articles, increasing tariff rates to 25% from all countries. As part of that proclamation, it was announced that there would be expanded 25% tariffs to include key downstream products (derivatives) for both steel and aluminum. The Annex containing those products has been drafted and is expected to be officially published in the Federal Register on February 18, 2025.

Key Points:

• There are 167 new codes for steel downstream products (derivatives) subject to the 25% tariff referenced in this proclamation (covering 4 different chapters of the HTSUS).

• There are 123 new codes for aluminum downstream products (derivatives) subject to the 25% tariff referenced in this proclamation (covering 11 different chapters of the HTSUS).

To read the draft Federal Register, and access our Excel listing of HTS affected, click the links below:

In the spotlight Jacquelyn

For February, we are highlighting Jacquelyn Bakker, our CHB Manager in the JAS Chicago office.  Jacqulyn started her career in the industry in 2012 in an accounting role before moving into the brokerage side in 2014.  In her words, that’s when she “found my niche.”  Jacquelyn joined JAS in 2018.  After being named as the Brokerage Supervisor, Jacquelyn decided to take on the “daunting task” of obtaining her broker’s license.  After 3 months of studying, Jacquelyn was able to pass on the first try!  Jacquelyn manages a team of 6 entry writers in our Chicago branch and CHB manager.  Jacquelyn is detail oriented and attentive to the needs of her clients internally and externally!

Jacquelyn has a 19-year old daughter, loving fiance and 2 dogs at home.  She enjoys family time BBQing in the summer, taking the dogs for longs walks, playing Pokemon Go with family and seeing movies in the theater.

Jacquelyn is yet another great example that People Make the Difference!

Forced Labor feb 2025

CBP is leading global efforts in combating forced labor by imposing import bans on goods produced with forced labor.  This has inspired international action, including the European Union’s adoption of similar measures and the inclusion of forced labor prohibitions in the USMCA.  CBP’s actions have also driven labor reforms, notably in Malaysia, which launched a National Action Plan on Forced Labor and ratified an international protocol to combat forced labor.  These advancements demonstrate CBP’s significant influence in shaping global supply chain accountability and driving positive change.

Read more about it by checking out the link below:

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