All posts by mitch

Customs Brokers Continuing Ed is Coming

I have always favored continuing education as a way to professionalize the Customs Broker position. Starting with the 2024-2027 Triennial period LCBs will be required to complete some continuing education credit hours.

While the Final Rule states that brokers must complete 36 continuing education credit hours per triennial status period, CBP will allow brokers to complete fewer than 36 hours to meet the requirement for the initial 2024-2027 triennial status period. Further guidance on how many continuing education credits will be required for the 2024-2027 triennial status period will be published on CBP.gov and in a Federal Register notice.

Here is a link to the CBP website. Right now there are more questions than answers about the requirements. Let’s hope CBP provides clear direction soon.

https://www.cbp.gov/trade/programs-administration/customs-brokers/continuing-education

Supply Chain Audits

Supply Chain Audits

The years since the beginning of the Covid epidemic have raised awareness about supply chains and logistics services as shortages and delays became the norm. C-suite executives added supply chain resiliency and risk to their list of priorities. For supply chain managers the positive aspect to the disruptions is a heightened profile of their profession. The need for annual audits of supply chains to help mitigate future disruptions is obvious but execution can be difficult. Audits sometimes become a “back burner” issue or are postponed in favor of other projects. There is no regulatory requirement to perform supply chain audits so the reasons for avoidance include staffing, unwillingness to devote resources ($), the belief that the company is too small, and lack of C-level commitment. If supply chain audits are to be performed and effective C- level leadership is the most critical factor.

Supply Chain software and checklists can be used to produce an “off the shelf” audit. However, a customized process will be more effective as an analytical, planning, and training tool. Supply chains vary from simple to complex depending on many factors including location and distances between sources and markets, country of origin of components, logistics service providers, and regulatory issues.

This article is intended to present a suggested set of guidelines for developing customized audits rather than a checklist of numbered tasks. Strategic goals are the purview of C-level executives providing tactical direction to supply chain auditors.

Strategic Level

Supply Chain Strategy

An audit will consider strategies to ensure that the company has a clear vision that is aligned to its business goals. The strategy should be inclusive of the people, process, and systems involved in order to meet customer service requirements. Transparency must be implemented at the strategic level, enabling better communication throughout the entire supply chain. Furthermore, a good strategy will examine social responsibility, quality, sustainability, environment, and responsible sourcing.

HR Implications

An audit can analyze the supply chain to determine if an effective organizational structure is in place. A suitable structure is one that has clear accountabilities outlined and suitable resources available to facilitate a company and its partners in meeting their goals. An effective structure will also ensure that the workforce has suitable training, and that the workplace culture supports continual improvement.

Supply Chain Processes

 The audit will examine tactical functions of the supply chain: inventory management, technology tools or software, procurement, logistics and customer service. KPIs to be implemented for tactical functions and updated as needed.

Vendor Mgt

 An audit will ensure that vendors are complying with relevant regulations and identify instances of non-compliance and potential red flags. In addition, the audit will ensure compliance with legislation and contract clauses. Vendor management will also confirm that the work offered by vendors is of a high standard competitively priced. With high level management cooperation vendor supply chain audits may be a contract requirement.

Risk Management

While a good management program can mitigate risk, there is no way to eliminate risk entirely.  An audit can assess geopolitical conflicts that might impact trade routes and tariffs, the likelihood of environmental or manmade disasters, or potential internal risks related to responsible sourcing or corporate social responsibility.

Environmental, Social, and Governance (ESG)

Supply Chains are the veins and arteries through which corporations function. ESG issues are top priorities for C Suite executives in the 21st Century. They will establish ESG priorities, oversight and management, and stakeholder engagement. Priorities specific to the corporation or industry include:

Environmental- Climate, Sustainability, Waste and Recycling

Social- Diversity, Equity, and Inclusion, Human Rights, Community Service

Governance- Ethics and Compliance, Corporate Governance, Safety and Health Regulations

Tactical Level

  • Staffing the Audit- Auditors must be allowed as much independence as possible. If conducted internally recruit from Finance, Marketing, Manufacturing, Legal, and IT as well as Supply Chain. Assign these professionals to audit departments other than their own to avoid bias and management pressure.
  • Network Design- the framework of the supply chain. Review and update as needed a documented supply chain strategy, aligned to business goals, and translated to KPIs, incentives, and compensation. The audit will determine gaps in technology and software. Consider benchmarking against other supply chains with similar characteristics. Common KPIs: Measurement of Risk/Vulnerability- specific to company or industry, Resilience- Estimated recovery time for various scenarios, Evaluation of software and IT systems.
  • Customer Service- Four utilities add value to customers: form, possession, time, and place. Form utility is generated in procurement and manufacturing. Marketing creates possession. Logistics provides time and place utility. The ultimate in logistics service is to deliver all orders completely, on time, to the right location, in perfect condition, with complete and accurate documentation.  Common KPIs:   Orders shipped on Time and Complete, Orders delivered on Time, Orders Returned, Warranty Processing, Invoicing Accuracy, Timely Responsiveness to Customer Issues, Proactive surveys, Response to customer reviews.
  • Procurement- the beginning of the supply chain. Implement a vendor management process to include how suppliers are selected, supplier performance KPIs, regular review meetings, action plans for improvement, and emphasis on value and Total Cost of Ownership vs price. Common KPIs: Price, Order Placement Efficiency, Supplier EDI Capabilities, Invoicing Accuracy and Timeliness, Returns Programs, Warranty Programs, Follow Up and Responsiveness,
  • Inventory Management- The supply chain functions with the biggest fiscal impact are inventory and transportation management. Reducing inventory saves money but can drive up transportation costs and risk lost sales. Conversely, increased inventory can reduce transportation costs but be a drag on profits. Supply chain management seeks a balance in this key area. Common KPIs include Total inventory in system, Safety stock in system, Inventory turnover, Order fill rate, Order cycle time, Lost sales, and Inventory Carrying Costs.
  • Inbound Logistics- Best practices require checking inbound items for quality, quantity, and condition upon arrival. An efficient supply chain will utilize an appointment schedule for deliveries and an advanced notification process by suppliers when possible. Logistics Service Providers (LSPs) are covered further below. Common KPIs: On Time Deliveries, Advanced Shipment Notification, Shortage/Damage Upon Delivery,
  • Outbound Logistics- Distribution of products from warehouse to end user or FSL (Forward Stocking Location) may be insourced to private fleet or outsourced to LSPs (Logistics Service Providers). If insourced, it is essential to measure fleet utilization to reduce equipment down time/empty miles and ensure that vehicles are of the right type and capacity.  Fleet managers must have the ability to adhere to safety, maintenance, and hours of service regulations with appropriate KPIs. Outsourced distribution is discussed under LSPs. Common KPIs: Equipment Utilization/Down Time, Empty Miles, Safety and Accident Rate, Fuel Consumption, Training.
  • Logistics Service Providers (LSPs)- selection process for providers should be based on value and not on price alone. KPIs are essential in tracking on-time performance, loss/damage, customer service responsiveness, billing accuracy, and other services. Conduct and document regular review meetings to address service issues as well as rates. Incorporate transportation providers’ KPIs into your supply chain audit as they will impact customer service. Service level agreements should be implemented with high volume providers and updated as needed. Importers may consider a separate audit of their Customs Broker or, at least, engage brokers who perform self-audits. Common KPIs: Price- compare net rates not % off because base rates differ, Transit Times/Reliability- on time pick-up and delivery, Capability/Access- provider has right equipment in right place at right time, Security- Loss and damage experience, Operation Ratio- providers with marginal or negative O/R present a risk, Relationship- customer service experience and problem solving responsiveness.
  • Warehouse- Warehouses or distribution centers are critical supply chain nodes. They are strategically positioned for storing inventory, staging finished goods, and shipment consolidation and deconsolidation. 21st Century warehouses add value through fulfillment services, inventory control, and return services. Common KPIs: Inventory Control Accuracy, Loss/Damage, Capacity Utilization, Equipment Maintenance and Utilization, Pick/Pack Productivity, Shipping/Receiving Productivity, Customer Service, Safety Record, Training.

In summary, the guidelines presented in this article can produce an audit that can be used as a tool for analysis, planning, and training and not just a document for the files.

CBLE Results

The October 2023 CBLE (Customs Broker License Exam) resulted in a 34% pass rate prior to appeal decisions. Previous pass rate information is listed below. The exam and answer key are posted on the CBP website.

Congratulations to all who passed! You are now eligible to go through the application process, background check, and fingerprinting to obtain your license. The process can be lengthy so be patient.

Many brokers have needed more than one try, so don’t be discouraged if you came up short. If you want to challenge any of the questions here is the link explaining how to appeal.

https://www.cbp.gov/trade/programs-administration/customs-brokers/how-appeal

Pass Rate Information

The October 25, 2023 CBLE resulted in a 34% pass rate prior to appeal decisions.

The April 26, 2023 CBLE resulted in a 5.5% pass rate prior to appeal decisions. 

The October 26, 2022 CBLE resulted in a 11.1% pass rate prior to appeal decisions. 

Scot Snyder Government Logistics | Talent Mentoring | Troops2Logistics | Recruiting | US Army Veteran & Advocate |

That’s a high pass rate. I hope it’s the same or higher in April. Thanks for sharing Mitch Kostoulakos,

Mitch Kostoulakos, Ad Hoc Logistics LLC, Int’l Logistics Consultant/Licensed Customs Broker

As Mike Smiszek pointed out the exam questions now have 4 answers to choose from vs 5 in previous exams. This means less time needed to consider answers. Also if forced to guess you have a 1 in 4 chance vs 1 in 5. May have been a contributing factor to the higher pass rate. 34% is still low compared to other licensing exams.…

Mike SmiszekView Senior Trade Compliance Advisor at Braumiller Consulting Group

Mitch Kostoulakos, LCB Thanks for sharing this pass rate data. Though we’ll never know for sure, I’ll bet the pass rate was boosted by the question format change. It will be interesting to follow the pass-rate trend over the next few years (if CBP sticks with the four-answer format).

Mitch Kostoulakos, Ad Hoc Logistics LLC, Int’l Logistics Consultant/Licensed Customs Broker

Mike Smiszek Yes it will be interesting. I’m never sure if I should encourage others to take the exam and put in all that effort with such low pass rate,

Heads Up Customs Brokers-Annual Permit User Fee

The annual user fee for each national permit held by a customs broker, whether it may be an individual, partnership, association, or corporation, is due no later than February 9, 2024.

The customs broker permit user fee payable for calendar year 2024 will be $174.80. CBP is also announcing that customs brokers may pay the fee electronically via the electronic Customs and Border Protection (eCBP) portal.

https://www.federalregister.gov/documents/2023/11/27/2023-26050/customs-broker-permit-user-fee-payment-for-2024-and-announcement-of-ecbp-portal-payment-option

LinkedIn Comment- Infrastructure

Ken Davis • Regional Vice President of Sales at Omni Logistics

I don’t normally wade into to these issues but, this is important ! Everything you have in your home, business, manufacturing plant, eat and drink comes in on a truck. Those of us that drive everyday know, our roads are in need of repair, bridges need to be rebuilt, infrastructure needs a lot of work. We need safe places for our road drivers to layover and get fuel, eat and shower. We need safe bridges. We need better software at our airports to handle the flights. We need modern equipment at our ports to bring us into the 21st century! 

Mitch Kostoulakos, LCB • Ad Hoc Logistics LLC, Int’l Logistics Consultant/Licensed Customs Broker

Thanks for a great post…a few points to consider:
1) Infrastructure does not get better with age and can’t fix itself.
2) Spending on infrastructure is an investment. It provides good paying jobs and wages will be spent in local economies. Recycle the dollars.
3) It can be done. Visit any EU country and compare the roads, airports, etc to the US. They are way ahead of us.

Let’s Go Chiefs

C- Level executives, perhaps you have been “looking the other way” when it comes to export compliance. If you are lucky there have been no consequences for this negligence. Why not start off 2024 with a little executive action and move your organization towards compliance?

While a complete Export Compliance Program is the ideal solution, you may not be ready to commit the resources needed at this time. However, there are some steps that can be implemented immediately at little cost.

Here are a few best practices to help you get started :

1) Review and confirm correct Harmonized Tariff and Schedule B codes and maintain master list as updates occur. Proper classification follows established protocols and is the starting place for compliance.

2) Check Export Administration Regulations (EAR) for correct ECCN and license exception codes. Are you automatically using EAR99 and NLR? https://www.bis.doc.gov/ can help.

3) Confirm Country of Origin for all imports. This info is needed for your Commercial Invoice and is not always obvious, so consider consulting a Licensed Customs Broker.

4) Check common “Red Flags” such as denied parties lists, entities lists, and unverified lists. Once again, https://www.bis.doc.gov/ provides details and training.

5) Review export documentation for possible improvements.

Make export compliance a front-end process, not a last minute shipping function. Remember, while Logistics Service Providers (LSPs) are valued partners, the exporter bears primary responsibility for compliance. Finally, if exporting under ITAR you need a responsible trained officer.

Contact mitch@adhoclogistics.com for immediate assistance.

Prepare for CARM

If you are a Canadian importer or NRI (Non-Resident Importer) you will want to get up to speed on CARM, which will be fully implemented in May, 2024.

The Canada Border Services Agency (CBSA) Assessment and Revenue Management (CARM) project is a multi-year digital initiative that will change how CBSA collects duties and taxes for goods imported into Canada. Through CARM, the CBSA will modernize and streamline the process of importing commercial goods.

CARM is relevant to US exporters because many of them act as Non-Resident Importers (NRIs) in Canada. A Non-Resident Importer (NRI) is a business located outside of Canada that ships goods to customers in Canada and assumes responsibility for customs clearance and other import-related requirements.

Before May 2024, importers and other trade chain partners need to register and adapt their systems and business practices. At first glance the process appears daunting. However, CBSA has provided plenty of resources, including webinars and a detailed user guide:

https://ccp-pcc.cbsa-asfc.cloud-nuage.canada.ca/en/onboarding-documentation

Most importers and NRIs will engage their Canadian customs broker for help with CARM. While this is a good idea, CBSA makes it very clear that:

  • Importers need to register their businesses and delegate a business account manager in CARM as soon as possible. 
  • Customs brokers need to get their clients to register and may need new software. 
  • If you are a trade consultant, find out what you need to do to be able to advise clients.

The CARM on-boarding steps are:

  1. Obtain Business Number. Current importers and NRIs will already have a BN.
  2. Create CARM account portal.
  3. Link user account with business account.
  4. Grant access to employees or representatives.
  5. Conduct business with CBSA.

Here are a few pro tips from a recent CBSA webinar:

  • During initial set up select a Sign-In Partner or create a GC key. The Sign-In Partner option allows users to log in through the web portal of their financial service provider. Sign-In Partners are financial institutions and banks that have partnered with Secure Key Technologies to enable their customers to use their online credentials to log in to other secure sites. A GC Key is a unique credential that protects your communications with online Government programs and services.
  • Users have the option set up multi-factor authorization, a personal profile, and preferences.
  • Register a BAM (Business Account Manager) in the CARM portal. CBSA recommends at least 2 BAMs to ensure account access in the event of staff changes.
  • Request a Statement of Account from customs brokers to answer any questions about transactions during on-boarding process. The CARM portal will bring all info together.
  • Decide delegation of authority to employees, customs brokers, consultants, etc.

This article is a brief overview of CARM and will, hopefully, help importers and NRIs start the process with time to spare before May, 2024. I have always found the CBSA website to be user friendly and strongly recommend consulting it for research.

https://www.cbsa-asfc.gc.ca/services/carm-gcra/menu-eng.html

https://www.cbsa-asfc.gc.ca/menu-eng.html

LinkedIn Post- 3PLs

Here is a link to my post about managing 3PLs.

https://www.linkedin.com/advice/1/how-can-you-improve-your-transportation-2c?contributionUrn=urn%3Ali%3Acomment%3A%28articleSegment%3A%28urn%3Ali%3AlinkedInArticle%3A7105290743644127232%2C7105290745338609664%29%2C7123653756537196545%29&dashContributionUrn=urn%3Ali%3Afsd_comment%3A%287123653756537196545%2CarticleSegment%3A%28urn%3Ali%3AlinkedInArticle%3A7105290743644127232%2C7105290745338609664%29%29&articleSegmentUrn=urn%3Ali%3AarticleSegment%3A%28urn%3Ali%3AlinkedInArticle%3A7105290743644127232%2C7105290745338609664%29&trackingId=wiYkf9I1VLpetbU1oIMBIg%3D%3D&utm_source=share&utm_campaign=copy_contribution_link&utm_medium=member_desktop