Which of the following statements regarding national permits is FALSE ?
How to get there
This is a "FALSE" question, so check every statement against § 111.19. Three match it. One gets the appeal path wrong.
19 CFR 111.19(e): Review of the denial of a national permit(1) By the Executive Assistant Commissioner. Upon the denial of an application …, the applicant may file with the Executive Assistant Commissioner, in writing, additional information or arguments … This filing and request must be received … within sixty (60) calendar days of the denial.
(2) By the Court of International Trade. Upon a decision of the Executive Assistant Commissioner affirming the denial …, the applicant may appeal the decision to the Court of International Trade, provided that the appeal action is commenced within sixty (60) calendar days after the decision date by the Executive Assistant Commissioner.
(2) By the Court of International Trade. Upon a decision of the Executive Assistant Commissioner affirming the denial …, the applicant may appeal the decision to the Court of International Trade, provided that the appeal action is commenced within sixty (60) calendar days after the decision date by the Executive Assistant Commissioner.
Review has two steps: the Executive Assistant Commissioner first, then the CIT. The CIT's 60 days run from the EAC's decision, not from the original denial. C skips the first step and uses the wrong start date, so it's false.
Why the other statements are true
A) Word for word from § 111.19(a): "A national permit is required for the purpose of transacting customs business throughout the customs territory of the United States."
B) § 111.19(b): the national permit application "may be submitted concurrently with or after the submission of an application for a broker's license."
D) § 111.19(f): "The individual broker who qualifies for the national permit will exercise responsible supervision and control … over the activities conducted under that national permit."
Trap!
Appeals in Part 111 almost always go to an internal CBP level first, and the CIT only after that. The 60-day clock restarts at each level. If an option goes straight to the CIT from the original denial, be suspicious.
Source: 19 CFR 111.19(a), (b), (e), (f) (eCFR).
CBP answer key: Answer C · 19 CFR 111.19Source: CBP past exams ↗