October 2020 (AM) — Question 4
What regulatory citation identifies when a broker is required to obtain a waiver from an importer?
- A19 CFR 111.28
- B19 CFR 111.30
- C19 CFR 111.36✓ CBP's answer
- D19 CFR 113.53
- E19 CFR 141.46
Why this answer
The waiver the question describes comes from the freight-forwarder relations rule. Under 19 CFR 111.36(c)(2)(i) as tested, a broker handling business received through a forwarder had to transmit directly to the importer a true copy of the brokerage charges unless the importer waived that requirement in writing — the only place among the options where a waiver executed by an importer appears. Section 111.28 covers employee information, 111.30 status reports, and 113.53 bond terms, while 141.46, the tempting distractor, concerns powers of attorney, which a broker must obtain but which are authorizations to act, not waivers excusing billing transparency. Watch for: Confusing the importer's billing-disclosure waiver with the power-of-attorney requirement in 141.46.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the October 2020 (AM) examination.
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