---
kind: "section"
citation: "19 U.S.C. § 1641"
title: "19"
title_heading: "Customs Duties"
number: "1641"
heading: "Customs brokers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1641"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle III — Administrative Provisions"
  - "Part VI — Miscellaneous Provisions"
---

# §1641. Customs brokers

- (a) **Definitions—** As used in this section:
  - (1) The term “customs broker” means any [person](/usc/19/1683.md?p=8) granted a customs broker’s license by the [Secretary](/usc/19/1681.md?p=1) under [subsection (b)](#b).
  - (2) The term “customs business” means those activities involving transactions with U.S. Customs and Border Protection concerning the [entry](/usc/19/1677.md?p=23) and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by U.S. Customs and Border Protection upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with U.S. Customs and Border Protection in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.
  - (3) The term “[Secretary](/usc/19/1681.md?p=1)” means the [Secretary](/usc/19/1681.md?p=1) of the Treasury.
- (b) **Customs broker’s licenses—**
  - (1) **In general—** No [person](/usc/19/1683.md?p=8) may conduct customs business (other than solely on behalf of that [person](/usc/19/1683.md?p=8)) unless that [person](/usc/19/1683.md?p=8) holds a valid customs broker’s license issued by the [Secretary](/usc/19/1681.md?p=1) under paragraph [(2)](#b-2) or [(3)](#b-3).
  - (2) **Licenses for individuals—** The [Secretary](/usc/19/1681.md?p=1) may grant an individual a customs broker’s license only if that individual is a citizen of the [United States](/usc/19/1683.md?p=9). Before granting the license, the [Secretary](/usc/19/1681.md?p=1) may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable [service](/usc/19/2576b.md?p=4) to others in the conduct of customs business. In assessing the qualifications of an applicant, the [Secretary](/usc/19/1681.md?p=1) may conduct an examination to determine the applicant’s knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters.
  - (3) **Licenses for corporations, etc.** The [Secretary](/usc/19/1681.md?p=1) may grant a customs broker’s license to any corporation, association, or partnership that is organized or existing under the laws of any of the several [States](/usc/19/2577.md?p=2) of the [United States](/usc/19/1683.md?p=9) if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license granted under [paragraph (2)](#b-2).
  - (4) **Duties—** A customs broker shall exercise responsible supervision and control over the customs business that it conducts.
  - (5) **Lapse of license—** The failure of a customs broker that is licensed as a corporation, association, or partnership under [paragraph (3)](#b-3) to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed under [paragraph (2)](#b-2) shall, in addition to causing the broker to be subject to any other sanction under this section (including [paragraph (6)](#b-6)), result in the revocation by operation of law of its license.
  - (6) **Prohibited acts—** Any [person](/usc/19/1683.md?p=8) who intentionally transacts customs business, other than solely on the behalf of that [person](/usc/19/1683.md?p=8), without holding a valid customs broker’s license granted to that [person](/usc/19/1683.md?p=8) under this subsection shall be liable to the [United States](/usc/19/1683.md?p=9) for a monetary penalty not to exceed $10,000 for each such transaction as well as for each violation of any other provision of this section. This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in [subsection (d)(2)(A)](#d-2-A).
- (c) **Customs broker’s permits—**
  - (1) **In general—** Each [person](/usc/19/1683.md?p=8) granted a customs broker’s license under [subsection (b)](#b) shall be issued, in accordance with such regulations as the [Secretary](/usc/19/1681.md?p=1) shall prescribe, either or both of the following:
    - (A) A national permit for the conduct of such customs business as the [Secretary](/usc/19/1681.md?p=1) prescribes by regulation.
    - (B) A permit for each customs district in which that [person](/usc/19/1683.md?p=8) conducts customs business and, except as provided in [paragraph (2)](#c-2), regularly employs at least 1 individual who is licensed under [subsection (b)(2)](#b-2) to exercise responsible supervision and control over the customs business conducted by that [person](/usc/19/1683.md?p=8) in that district.
  - (2) **Exception—** If a [person](/usc/19/1683.md?p=8) granted a customs broker’s license under [subsection (b)](#b) can demonstrate to the satisfaction of the [Secretary](/usc/19/1681.md?p=1) that—
    - (A) he regularly employs in the region in which that district is located at least one individual who is licensed under [subsection (b)(2)](#b-2), and
    - (B) that sufficient procedures exist within the company for the [person](/usc/19/1683.md?p=8) employed in that region to exercise responsible supervision and control over the customs business conducted by that [person](/usc/19/1683.md?p=8) in that district,

    the [Secretary](/usc/19/1681.md?p=1) may waive the requirement in [paragraph (1)(B)](#c-1-B).

  - (3) **Lapse of permit—** The failure of a customs broker granted a permit under [paragraph (1)](#c-1) to employ, for any continuous period of 180 days, at least one individual who is licensed under [subsection (b)(2)](#b-2) within the district or region (if [paragraph (2)](#c-2) applies) for which a permit was issued shall, in addition to causing the broker to be subject to any other sanction under this section (including any in [subsection (d)](#d)), result in the revocation by operation of law of the permit.
  - (4) **Appointment of subagents—** Notwithstanding [subsection (c)(1)](#c-1), upon the implementation by the [Secretary](/usc/19/1681.md?p=1) under [section 1413(b)(2) of this title](/usc/19/1413.md?p=b-2) of the component of the National Customs Automation Program referred to in [section 1411(a)(2)(B) of this title](/usc/19/1411.md?p=a-2-B), a licensed broker may appoint another licensed broker holding a permit in a customs district to act on its behalf as its subagent in that district if such activity relates to the filing of information that is permitted by law or regulation to be filed electronically. A licensed broker appointing a subagent pursuant to this paragraph shall remain liable for any and all obligations arising under bond and any and all duties, taxes, and fees, as well as any other liabilities imposed by law, and shall be precluded from delegating to a subagent such liability.
- (d) **Disciplinary proceedings—**
  - (1) **General rule—** The [Secretary](/usc/19/1681.md?p=1) may impose a monetary penalty in all cases with the exception of the infractions described in [clause (iii)](#d-1-B-iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs broker, if it is shown that the broker—
    - (A) has made or caused to be made in any application for any license or permit under this section, or report filed with U.S. Customs and Border Protection, any statement which was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to [state](/usc/19/2577.md?p=2) in any such application or report any material fact which was required to be stated therein;
    - (B) has been convicted at any time after the filing of an application for license under [subsection (b)](#b) of any felony or misdemeanor which the [Secretary](/usc/19/1681.md?p=1) finds—
      - (i) involved the importation or exportation of merchandise;
      - (ii) arose out of the conduct of its customs business; or
      - (iii) involved larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds;
    - (C) has violated any provision of any law enforced by U.S. Customs and Border Protection or the rules or regulations issued under any such provision;
    - (D) has counseled, commanded, induced, procured, or knowingly aided or abetted the violations by any other [person](/usc/19/1683.md?p=8) of any provision of any law enforced by U.S. Customs and Border Protection, or the rules or regulations issued under any such provision;
    - (E) has knowingly employed, or continues to employ, any [person](/usc/19/1683.md?p=8) who has been convicted of a felony, without written approval of such employment from the [Secretary](/usc/19/1681.md?p=1);
    - (F) has, in the course of its customs business, with intent to defraud, in any manner willfully and knowingly deceived, misled or threatened any client or prospective client; or
    - (G) has been convicted of committing or conspiring to commit an act of terrorism described in [section 2332b of title 18](/usc/18/2332b.md).
  - (2) **Procedures—**
    - (A) **Monetary penalty—** Unless action has been taken under [subparagraph (B)](#d-2-B), the appropriate customs officer shall serve notice in writing upon any customs broker to show cause why the broker should not be subject to a monetary penalty not to exceed $30,000 in total for a violation or violations of this section. The notice shall advise the customs broker of the allegations or complaints against him and shall explain that the broker has a right to respond to the allegations or complaints in writing within 30 days of the date of the notice. Before imposing a monetary penalty, the customs officer shall consider the allegations or complaints and any timely response made by the customs broker and issue a written decision. A customs broker against whom a monetary penalty has been issued under this section shall have a reasonable opportunity under [section 1618 of this title](/usc/19/1618.md) to make representations seeking remission or mitigation of the monetary penalty. Following the conclusion of any proceeding under [section 1618 of this title](/usc/19/1618.md), the appropriate customs officer shall provide to the customs broker a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based.
    - (B) **Revocation or suspension—** U.S. Customs and Border Protection may, for good and sufficient reason, serve notice in writing upon any customs broker to show cause why a license or permit issued under this section should not be revoked or suspended. The notice shall be in the form of a statement specifically setting forth the grounds of the complaint, and shall allow the customs broker 30 days to respond. If no response is filed, or U.S. Customs and Border Protection determines that the revocation or suspension is still warranted, it shall notify the customs broker in writing of a hearing to be held within 30 days, or at a later date if the broker requests an extension and shows good cause therefor, before an administrative law judge appointed pursuant to [section 3105 of title 5](/usc/5/3105.md) who shall serve as the hearing officer. If the customs broker waives the hearing, or the broker or his designated representative fails to appear at the appointed time and place, the hearing officer shall make findings and recommendations based on the record submitted by the parties. At the hearing, the customs broker may be represented by counsel, and all proceedings, including the proof of the charges and the response thereto shall be presented with testimony taken under oath and the right of cross-examination accorded to both parties. A transcript of the hearing shall be made and a copy will be provided to U.S. Customs and Border Protection and the customs broker; which shall thereafter be provided reasonable opportunity to file a post-hearing brief. Following the conclusion of the hearing, the hearing officer shall transmit promptly the record of the hearing along with the findings of fact and recommendations to the [Secretary](/usc/19/1681.md?p=1) for decision. The [Secretary](/usc/19/1681.md?p=1) will issue a written decision, based solely on the record, setting forth the findings of fact and the reasons for the decision. Such decision may provide for the sanction contained in the notice to show cause or any lesser sanction authorized by this subsection, including a monetary penalty not to exceed $30,000, than was contained in the notice to show cause.
  - (3) **Settlement and compromise—** The [Secretary](/usc/19/1681.md?p=1) may settle and compromise any disciplinary proceeding which has been instituted under this subsection according to the terms and conditions agreed to by the parties, including but not limited to the reduction of any proposed suspension or revocation to a monetary penalty.
  - (4) **Limitation of actions—** Notwithstanding [section 1621 of this title](/usc/19/1621.md), no proceeding under this subsection or [subsection (b)(6)](#b-6) shall be commenced unless such proceeding is instituted by the appropriate [service](/usc/19/2576b.md?p=4) of written notice within 5 years from the date the alleged violation was committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time such alleged violation was discovered.
- (e) **Judicial appeal—**
  - (1) **In general—** A customs broker, applicant, or other [person](/usc/19/1683.md?p=8) directly affected may appeal any decision of the [Secretary](/usc/19/1681.md?p=1) denying or revoking a license or permit under subsection [(b)](#b) or [(c)](#c), or revoking or suspending a license or permit or imposing a monetary penalty in lieu thereof under [subsection (d)(2)(B)](#d-2-B), by filing in the Court of International Trade, within 60 days after the issuance of the decision or order, a written petition requesting that the decision or order be modified or set aside in whole or in part. A copy of the petition shall be transmitted promptly by the clerk of the court to the [Secretary](/usc/19/1681.md?p=1) or his designee. In cases involving revocation or suspension of a license or permit or imposition of a monetary penalty in lieu thereof under [subsection (d)(2)(B)](#d-2-B), after receipt of the petition, the [Secretary](/usc/19/1681.md?p=1) shall file in court the record upon which the decision or order complained of was entered, as provided in [section 2635(d) of title 28](/usc/28/2635.md?p=d).
  - (2) **Consideration of objections—** The court shall not consider any objection to the decision or order of the [Secretary](/usc/19/1681.md?p=1), or to the introduction of evidence or testimony, unless that objection was raised before the hearing officer in suspension or revocation proceedings unless there were reasonable grounds for failure to do so.
  - (3) **Conclusiveness of findings—** The findings of the [Secretary](/usc/19/1681.md?p=1) as to the facts, if supported by substantial evidence, shall be conclusive.
  - (4) **Additional evidence—** If any party applies to the court for leave to present additional evidence and the court is satisfied that the additional evidence is material and that reasonable grounds existed for the failure to present the evidence in the proceedings before the hearing officer, the court may order the additional evidence to be taken before the hearing officer and to be presented in a manner and upon the terms and conditions prescribed by the court. The [Secretary](/usc/19/1681.md?p=1) may modify the findings of facts on the basis of the additional evidence presented. The [Secretary](/usc/19/1681.md?p=1) shall then file with the court any new or modified findings of fact which shall be conclusive if supported by substantial evidence, together with a recommendation, if any, for the modification or setting aside of the original decision or order.
  - (5) **Effect of proceedings—** The commencement of proceedings under this subsection shall, unless specifically ordered by the court, operate as a stay of the decision of the [Secretary](/usc/19/1681.md?p=1) except in the case of a denial of a license or permit.
  - (6) **Failure to appeal—** If an appeal is not filed within the time limits specified in this section, the decision by the [Secretary](/usc/19/1681.md?p=1) shall be final and conclusive. In the case of a monetary penalty imposed under [subsection (d)(2)(B)](#d-2-B) of this section, if the amount is not tendered within 60 days after the decision becomes final, the license shall automatically be suspended until payment is made to U.S. Customs and Border Protection.
- (f) **Regulations by the Secretary—** The [Secretary](/usc/19/1681.md?p=1) may prescribe such rules and regulations relating to the customs business of customs brokers as the [Secretary](/usc/19/1681.md?p=1) considers necessary to protect importers and the revenue of the [United States](/usc/19/1683.md?p=9), and to carry out the provisions of this section, including rules and regulations governing the licensing of or issuance of permits to customs brokers, the keeping of books, accounts, and records by customs brokers, and documents and correspondence, and the furnishing by customs brokers of any other information relating to their customs business to any duly accredited officer or employee of U.S. Customs and Border Protection. The [Secretary](/usc/19/1681.md?p=1) may not prohibit customs brokers from limiting their liability to other [persons](/usc/19/1683.md?p=8) in the conduct of customs business. For purposes of this subsection or any other provision of this chapter pertaining to recordkeeping, all data required to be retained by a customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video files or any other electrically generated medium. Pursuant to such regulations as the [Secretary](/usc/19/1681.md?p=1) shall prescribe, the conversion of data to such storage medium may be accomplished at any time subsequent to the relevant customs transaction and the data may be retained in a centralized basis according to such broker’s business system.
- (g) **Triennial reports by customs brokers—**
  - (1) **In general—** On February 1, 1985, and on February 1 of each third year thereafter, each [person](/usc/19/1683.md?p=8) who is licensed under [subsection (b)](#b) shall file with the [Secretary](/usc/19/1681.md?p=1) of the Treasury a report as to—
    - (A) whether such [person](/usc/19/1683.md?p=8) is actively engaged in business as a customs broker; and
    - (B) the name under, and the address at, which such business is being transacted.
  - (2) **Suspension and revocation—** If a [person](/usc/19/1683.md?p=8) licensed under [subsection (b)](#b) fails to file the required report by March 1 of the reporting year, the license is suspended, and may be thereafter revoked subject to the following procedures:
    - (A) The [Secretary](/usc/19/1681.md?p=1) shall transmit written notice of suspension to the licensee no later than March 31 of the reporting year.
    - (B) If the licensee files the required report within 60 days of receipt of the notice under [subparagraph (A)](#g-2-A), the license shall be reinstated.
    - (C) In the event the required report is not filed within the 60-day period, the license shall be revoked without prejudice to the filing of an application for a new license.
- (h) **Fees and charges—** The [Secretary](/usc/19/1681.md?p=1) may prescribe reasonable fees and charges to defray the costs of U.S. Customs and Border Protection in carrying out the provisions of this section, including, but not limited to, a fee for licenses issued under [subsection (b)](#b) and fees for any test administered by him or under his direction; except that no separate fees shall be imposed to defray the costs of an individual audit or of individual disciplinary proceedings of any nature.
- (i) **Identification of importers—**
  - (1) **In general—** The [Secretary](/usc/19/1681.md?p=1) shall prescribe regulations setting forth the minimum [standards](/usc/19/2576b.md?p=5) for customs brokers and importers, including nonresident importers, regarding the identity of the importer that shall apply in connection with the importation of merchandise into the [United States](/usc/19/1683.md?p=9).
  - (2) **Minimum requirements—** The regulations required under [paragraph (1)](#i-1) shall, at a minimum—
    - (A) identify the information that an importer, including a nonresident importer, is required to submit to a broker and that a broker is required to collect in order to verify the identity of the importer;
    - (B) identify reasonable procedures that a broker is required to follow in order to verify the authenticity of information collected from an importer; and
    - (C) require a broker to maintain records of the information collected by the broker to verify the identity of an importer.
  - (3) **Penalties—** Any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the [United States](/usc/19/1683.md?p=9), at the discretion of the [Secretary](/usc/19/1681.md?p=1), for a monetary penalty not to exceed $10,000 for each violation of those regulations and shall be subject to revocation or suspension of a license or permit of the customs broker pursuant to the procedures set forth in [subsection (d)](#d). This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in [subsection (d)(2)(A)](#d-2-A).
  - (4) **Definitions—** In this subsection:
    - (A) **Importer—** The term “importer” means one of the parties qualifying as an importer of record under [section 1484(a)(2)(B) of this title](/usc/19/1484.md?p=a-2-B).
    - (B) **Nonresident importer—** The term “nonresident importer” means an importer who is—
      - (i) an individual who is not a citizen of the [United States](/usc/19/1683.md?p=9) or an alien lawfully admitted for permanent residence in the [United States](/usc/19/1683.md?p=9); or
      - (ii) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the [United States](/usc/19/1683.md?p=9) (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the [United States](/usc/19/1683.md?p=9)) or in the Virgin Islands of the [United States](/usc/19/1683.md?p=9).

## Source credit

(June 17, 1930, ch. 497, title IV, § 641, 46 Stat. 759; Aug. 26, 1935, ch. 689, §§ 3–5, 49 Stat. 864, 865; Pub. L. 85–791, § 8, Aug. 28, 1958, 72 Stat. 945; Pub. L. 91–271, title III, § 301(jj), June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, § 113, Oct. 3, 1978, 92 Stat. 898; Pub. L. 96–417, title VI, § 611, Oct. 10, 1980, 94 Stat. 1746; Pub. L. 98–573, title II, § 212(a), Oct. 30, 1984, 98 Stat. 2978; Pub. L. 99–514, title XVIII, § 1888(8), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 103–182, title VI, § 648, Dec. 8, 1993, 107 Stat. 2207; Pub. L. 104–295, § 21(e)(11), Oct. 11, 1996, 110 Stat. 3531; Pub. L. 105–258, title III, § 302(b), Oct. 14, 1998, 112 Stat. 1916; Pub. L. 114–125, title I, § 116(a), title IX, § 903, Feb. 24, 2016, 130 Stat. 144, 223.)

## Notes

### Editorial Notes

### References in Text

The Harmonized Tariff Schedule of the United States, referred to in subsec. (i)(4)(B)(ii), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

### Prior Provisions

This section relates to the same subject matter as act June 10, 1910, ch. 283, §§ 1–5, 36 Stat. 464, 465 (incorporated into the Code as former sections 415 to 419 of this title); and those sections were expressly repealed by paragraph (e) of this section which read as follows: “(e) Licenses under Act of June 10, 1910.—The Act entitled ‘An Act to license customhouse brokers,’ approved June 10, 1910, is hereby repealed, except that any license issued under such Act shall continue in force and effect, subject to suspension and revocation in the same manner and upon the same conditions as licenses issued pursuant to subdivision (a) of this section.”

Act June 10, 1910, ch. 283, § 1, 36 Stat. 464, prior to its incorporation into the Code, referred to the collector or chief officer of the customs “at any port of entry or delivery.” Ports of delivery, not specifically mentioned as ports of entry, were abolished in the reorganization of the customs service by the President (see notes to section 1 of this title).

Act June 10, 1910, ch. 283, § 3, 36 Stat. 465, prior to its incorporation into the Code, referred to the United States Circuit Court instead of the District Court. Section 291 of the act of Mar. 3, 1911, provided that any reference, in any law not embraced in that act, to the Circuit Courts, or any power or duty conferred upon them, should be deemed to refer to, and to confer such power and duty upon, the District Courts.

### Amendments

2016—Pub. L. 114–125, § 903(b)(1), substituted “U.S. Customs and Border Protection” for “the Customs Service” wherever appearing.

Subsec. (d)(1)(G). Pub. L. 114–125, § 903(a), added subpar. (G).

Subsec. (d)(2)(B). Pub. L. 114–125, § 903(b)(2), substituted “U.S. Customs and Border Protection” for “The Customs Service”.

Subsec. (g)(2)(B). Pub. L. 114–125, § 903(b)(3), substituted “notice under subparagraph (A)” for “Secretary’s notice”.

Subsec. (i). Pub. L. 114–125, § 116(a), added subsec. (i).

1998—Subsec. (i). Pub. L. 105–258 struck out subsec. (i) which prohibited conference or group of two or more ocean common carriers from denying any member the right to take independent action on any level of compensation paid to an ocean freight forwarder who was also a customs broker, and from agreeing to limit payment to such a forwarder to less than 1.25 percent of aggregate of tariff rates and charges, and set out provisions relating to administration of provisions, remedies for violations, and definitions.

1996—Subsec. (d)(2)(B). Pub. L. 104–295 substituted “the findings of fact” for “his findings of fact” in penultimate sentence.

1993—Subsec. (a)(2). Pub. L. 103–182, § 648(1), inserted at end “It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with the Customs Service in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.”

Subsec. (c)(1). Pub. L. 103–182, § 648(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Each person granted a customs broker’s license under subsection (b) of this section shall—

“(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and

“(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsection (b)(2) of this section to exercise responsible supervision and control over the customs business conducted by that person in that district.”

Subsec. (c)(4). Pub. L. 103–182, § 648(3), added par. (4).

Subsec. (d)(2)(B). Pub. L. 103–182, § 648(4), in first sentence, substituted “Customs Service” for “appropriate customs officer”, in third sentence, substituted “Customs Service” for “appropriate customs officer”, “it shall notify” for “he shall notify”, and “30” for “15”, in sixth sentence, substituted “the Customs Service and the customs broker; which” for “the appropriate customs officer and the customs broker; they”, in the seventh sentence, substituted “the findings of fact” for “his findings of fact”, and in the eighth sentence, substituted “for the decision” for “for his decision”.

Subsec. (f). Pub. L. 103–182, § 648(5), substituted “Customs Service. The Secretary may not prohibit customs brokers from limiting their liability to other persons in the conduct of customs business. For purposes of this subsection or any other provision of this Act pertaining to recordkeeping, all data required to be retained by a customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video files or any other electrically generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion of data to such storage medium may be accomplished at any time subsequent to the relevant customs transaction and the data may be retained in a centralized basis according to such broker’s business system.” for “United States Customs Service.”

1986—Subsec. (i). Pub. L. 99–514 added subsec. (i).

1984—Pub. L. 98–573 amended section generally, substituting provisions relating to customs broker’s licenses and permits for provisions relating to licensing of customhouse brokers.

1980—Subsec. (b). Pub. L. 96–417, in second par., substituted in second sentence “filing, in the Court of International Trade” for “filing, in the circuit court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia” and struck out penultimate sentence which read as follows: “The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary of the Treasury shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in 1254 of title 28.”

1978—Subsec. (e). Pub. L. 95–410 added subsec. (e).

1970—Subsec. (b). Pub. L. 91–271 substituted references to appropriate officer of the customs for references to collector or chief officer of customs wherever appearing.

1958—Subsec. (b). Pub. L. 85–791 in third sentence of second par., substituted “transmitted by the clerk of the court to” for “served upon”, struck out “upon” before “any officer”, “certify and” before “file in the court”, “a transcript of” before “the record upon” and inserted “as provided in section 2112 of title 28”, and in fourth sentence of second par., substituted “petition” for “transcript”.

1935—Subsec. (a). Act Aug. 26, 1935, § 3, substituted “(c)” for “(e)” in last sentence.

Subsecs. (b) to (d). Act Aug. 26, 1935, § 4, amended subsecs. (b) to (d) generally.

Subsec. (e). Act Aug. 26, 1935, § 5, repealed subsec. (e) which related to licenses under the act of June 10, 1910.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1998 Amendment

Pub. L. 105–258, § 2, Oct. 14, 1998, 112 Stat. 1902, provided that: “Except as otherwise expressly provided in this Act [see Tables for classification], this Act and the amendments made by this Act take effect May 1, 1999.”

### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573 effective on close of 180th day following Oct. 30, 1984, with certain exceptions, except that subsec. (c)(1)(B), (2) of this section shall take effect three years after Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 of this title.

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(2) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure.

### Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.

### Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

### Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.