A duly licensed customs broker was named in and properly served a U.S CBP summons signed by a Center Director. The summons requires the broker to provide CBP with documentation for 10 entries the broker filed on behalf of Company Z within the last three years so as to help CBP ascertain the correctness of the 10 entries. The broker terminated Company Z as a client 10 months before the summons’ issuance and the POA was revoked. Company Z has not provided the broker with specific written instructions regarding responding to a summons within its now revoked power of attorney document. How must the broker respond to the Customs’ summons?
Produce the entry files. A Center director is among the officials who may issue a summons under 19 CFR 163.7(a), and a summons may be issued to anyone who filed an entry or has possession, custody or care of records relating to an importation (163.7(a)(4)-(6)). A broker must keep entry records for at least 5 years after the date of entry (111.23(b)) and make them available to DHS (111.25), and ending the client relationship or revoking the POA does not shorten that period; revoked POAs must themselves be kept for 5 years. The broker is the party summoned, so forwarding the summons to the former client does not answer it. Source: 19 CFR 163.7(a) (2023 ed.; in the current eCFR (a)(2) also names USMCA countries, not relevant here); 111.23(b), 111.25 (2023 ed.; unchanged in 2024 ed. and in eCFR as at 7 Oct 2026). CBP answer key: A. CBP's citation: 19 CFR 163.7(a).
Candidates think a revoked POA or a terminated client ends the broker's obligations, but retention runs 5 years from entry regardless.
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