15 - Custom Broker ABC Liquor LicenseS APPLICATION.

This type of licensee will generally be located near the dock area in seaports or at international airports. The Customs Broker is also frequently located in port cities in building where many foreign consulates or commercial attaches have their offices.

Special Note: This department has taken the position that where a customs broker makes either entry or withdrawal in his own name, is identified as the responsible person and has a possessory right, the possibility of unlawful diversion into the internal commerce of the state exists. Under these circumstances, the department believes they should be subject to state control and, therefore, licensed. Conversely, if the customs broker is solely engaged as an agent for licensed importers and if all entries and/or withdrawal documents disclose the licensed importer as the principal, they need not be licensed by this department. However, the department strongly suggests that such persons apply for and hold Type 15 licenses to permit the flexibility needed to handle unforeseen special circumstances requiring licensure.

“Customs broker” means every person who is authorized to act as agent or broker for a person licensed as an importer or for a person whose place of business is without the state, in regard to the importing of alcoholic beverages into the state in United States Internal Revenue bond or in United States Customs bond. (BPC § 23019). The principal function of a customs broker is handling the paperwork and paying the duty on behalf of his principals on imported merchandise.