October 2023 — Question 21
Calendar above provided for reference. ABC Customs Broker, Inc. (ABC, Inc.) has a continuous basic import bond with American Customs Surety Co. ABC, Inc. sometimes acts as importer of record for its clients. By letter dated October 2, 2023, Broker Management Branch approved ABC, Inc.'s request for an organizational change and name change to ABC Customs Broker LLC. The effective date of the name change will be January 1, 2024. What is the earliest date that ABC, Inc. can file the rider to the continuous bond showing the name change?
- AOctober 2, 2023
- BNovember 2, 2023✓ CBP's answer
- CDecember 1, 2023
- DJanuary 1, 2024
Why this answer
Section 113.26(a) permits a continuous bond, its associated application, or a rider to be filed up to sixty days before the requested effective date. The name-change rider takes effect January 1, 2024, and counting back sixty days reaches November 2, 2023, the earliest day the rider may be filed, keying option B. Option A tempts because the broker naturally wants to file as soon as the Broker Management Branch approves the change, but approval does not open the filing window; the sixty-day rule does. December 1 understates the window at thirty days, and January 1 is the effective date itself, not the earliest filing date. Watch for: Filing the rider immediately upon CBP approval instead of within the sixty-day window.
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 2023 examination.
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