CIT Allows Customs Broker Exam Taker to Continue Appeal Despite Late Filing

The Court of International Trade will allow a customs broker test-taker to proceed with a challenge to his failing grade, denying a motion to dismiss from the government that argued his case didn’t meet procedural requirements. Byungmin Chae’s delay in appealing to the trade court was caused in part by CBP’s own misleading statements, and his early missteps in the case before hiring a lawyer should not bar him from a hearing in court, CIT said in a decision May 7.

“Whether Mr. Chae’s exam was deserving of a passing grade is a question for another day; however, at the very least, Mr. Chae deserves to have his case heard fairly and without further delay,” CIT said.