Customs Broker Regulations: What Changed in 2026
As of September 7, 2026, U.S. Customs and Border Protection has finalized a significant round of updates to the regulations governing licensed customs brokers — primarily under 19 CFR Part 111. These changes tighten supervision requirements, mandate ongoing broker education, and impose stricter recordkeeping timelines. Importers who rely on licensed brokers to clear goods through U.S. ports of entry need to understand what changed and whether their current broker relationship meets the new standards.
What Happened
19 CFR Part 111: The section of the Code of Federal Regulations that governs the licensing, conduct, and responsibilities of U.S. customs brokers. It establishes who may act as a broker, how brokers must supervise their staff, what records they must keep, and the grounds for CBP to suspend or revoke a broker’s license.
CBP’s 2026 rulemaking — finalized after a public comment period that drew responses from over 400 licensed brokers, importer groups, and trade associations — makes three substantive changes to Part 111:
1. Responsible Supervision Standards Tightened CBP’s existing rule required brokers to “exercise responsible supervision and control” over their customs business. The 2026 update defines this with specificity. Brokers must now document supervision procedures in writing, demonstrate that non-licensed support staff are trained to current compliance standards, and retain those training records for five years. Previously, the standard was largely interpreted case-by-case during audits.
2. Mandatory Continuing Education Individual license holders must complete 18 hours of qualifying continuing education (CE) every three years beginning in 2026. CBP will recognize CE programs approved by the NCBFAA, accredited trade law programs, and select CBP-administered courses. Brokers who fail to meet the CE threshold risk license suspension upon their next triennial license review.
3. Recordkeeping Timelines Revised The prior rule required brokers to retain transaction records for five years. The 2026 revision extends that retention period to seven years for entries involving antidumping or countervailing duties (AD/CVD), and maintains five years for standard entries. This aligns broker retention requirements with CBP’s own audit lookback window for AD/CVD cases.
CBP’s official announcement is available at cbp.gov.
Why It Matters to Importers
Most importers sign a power of attorney (POA) with their customs broker and trust that broker to handle compliance. That trust now carries more weight — because if your broker is non-compliant with the new Part 111 standards, the consequences extend to your shipments.
Here is what is at stake:
- Entry delays. A broker who cannot demonstrate proper supervision procedures during a CBP audit may face operational restrictions that delay your clearance timelines. At major ports like Los Angeles, Houston, and New York/Newark, even a 24-hour delay can cost thousands in demurrage fees.
- Liability exposure. Importers remain responsible for the accuracy of their customs entries even when filed by a broker. If your broker’s recordkeeping does not meet the new seven-year standard for AD/CVD entries, CBP can assess back duties with penalties — and you are the importer of record.
- Broker license risk. A broker who loses or has their license suspended cannot legally clear your goods. Identifying this risk before it disrupts your supply chain is essential.
Impact Summary Table
| Affected Party | What Changes | Severity |
|---|---|---|
| Individual licensed brokers | 18-hour CE requirement every 3 years | High |
| Brokerage firms | Written supervision procedures required; training records retained 5 years | High |
| Importers (AD/CVD goods) | Broker must retain records 7 years; importer of record still liable | High |
| Importers (standard entries) | Recordkeeping period unchanged at 5 years | Low |
| Freight forwarders with brokerage | Same Part 111 standards apply if holding a broker license | Medium |
| First-time importers | Must verify broker license status before engaging | Medium |
Affected Goods, Industries, or Trade Lanes
The recordkeeping extension for AD/CVD entries has the broadest practical impact. As of 2026, the U.S. maintains over 500 active antidumping and countervailing duty orders, covering goods from steel and aluminum products to solar panels, tires, seafood, and furniture. If your imported goods fall under any of these orders, your broker is now required to retain entry records for seven years.
You can search active AD/CVD orders at enforcement.trade.gov/adcvd.
Industries with the highest exposure to the 2026 regulatory changes:
- Steel and aluminum — heavily covered by AD/CVD orders
- Solar energy components — multiple ongoing investigations
- Automotive parts — AD/CVD coverage plus NHTSA regulatory coordination
- Pharmaceuticals and chemicals — heightened broker supervision requirements due to FDA/EPA coordination
- Food and beverage — FDA Prior Notice requirements intersect with new broker documentation standards
To check whether your goods’ HTS codes fall under any active order, use the Harmonized Tariff Schedule lookup at hts.usitc.gov and cross-reference with the AD/CVD database.
Importers bringing goods through high-volume land ports — Laredo, El Paso, Detroit — and sea ports — Los Angeles/Long Beach, Savannah, Miami — will feel the operational impact first, as CBP enforcement tends to concentrate at these locations. Browse brokers by U.S. port of entry to find licensed brokers active at your specific port.
What Importers Should Do Now
You do not need to understand every clause of 19 CFR Part 111 to protect your business. You do need to take these steps before Q3 2026 ends.
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Verify your broker’s license is active. Confirm your broker holds a current, valid CBP individual or corporate license. You can search verified licensed brokers at CustomsBrokerIndex.com or cross-reference with CBP’s official records at cbp.gov.
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Ask your broker directly about CE compliance. Request confirmation that your broker’s individual license holders are tracking toward the 18-hour CE requirement. Any professional broker should be able to answer this immediately.
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Review your power of attorney document. Your POA defines the scope of your broker’s authority. Confirm it is current, accurately reflects your business entity, and has not expired. An outdated POA is a common compliance gap that CBP auditors flag.
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Identify whether your imports involve AD/CVD goods. Search your HTS codes against the active order list at enforcement.trade.gov/adcvd. If you import covered goods, confirm with your broker that their recordkeeping system meets the new seven-year retention standard.
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If you import specialty goods, find a broker with verified expertise. Pharmaceutical, food, chemical, and automotive imports involve agency coordination beyond CBP. A broker without documented experience in your category increases your compliance risk. Browse brokers by specialty to find licensed brokers whose focus matches your goods.
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Request a written supervision policy from your broker firm. The new Part 111 rules require firms to document their supervision procedures. Any reputable brokerage should be able to share this upon request. If they cannot, that is a risk signal.
Background Context
Customs broker licensing in the United States is governed by U.S. Customs and Border Protection under the authority of 19 USC 1641. To legally transact customs business on behalf of others, an individual must pass the CBP Customs Broker License Examination — a notoriously difficult test with a historical pass rate of approximately 15–25% — and clear a background review before receiving a license.
The regulations in 19 CFR Part 111 have existed in some form since the 1970s, but have been updated periodically as trade volumes, electronic filing requirements, and fraud risks have evolved. The Customs Modernization Act of 1993 (Mod Act) was the last major overhaul, introducing the “reasonable care” standard for importers and reshaping how CBP approaches broker oversight.
The 2026 rulemaking is the most significant revision to Part 111 in over a decade. It reflects CBP’s response to two trends: the explosive growth of e-commerce imports creating new compliance pressure at ports of entry, and a rise in enforcement actions against brokers for inadequate supervision of non-licensed staff who were effectively conducting customs business without authorization.
For importers new to the space, understanding what a customs broker legally can and must do is essential context. The 10 Core Duties of a Customs Broker Explained and 10 Key Customs Broker Responsibilities Explained are solid starting points. If you use a 3PL that also handles customs clearance, the requirements explained in 3PL With Customs Clearance and Warehousing Explained are directly relevant to how these regulation changes may affect your operation.
Frequently Asked Questions
What are the key customs broker regulation changes in 2026? In 2026, CBP finalized updates to broker oversight requirements under 19 CFR Part 111, tightening responsible supervision standards, mandating 18 hours of continuing education for licensed brokers every three years, and extending recordkeeping timelines to seven years for AD/CVD entries. These changes affect both individual license holders and brokerage firms operating at any U.S. port of entry.
When do the 2026 customs broker regulation changes take effect? The updated CBP regulations became effective in early 2026, with a phased compliance window. Brokers and importers are expected to be in full compliance with the new responsible supervision and recordkeeping rules by the end of Q3 2026, per guidance published on cbp.gov.
Which industries and importers are most affected? All importers using licensed customs brokers are subject to these regulatory changes. Industries with higher compliance risk — pharmaceuticals, food and beverage, chemicals, and automotive — face the greatest scrutiny, as their entries involve additional agency coordination beyond CBP. Importers of goods covered by AD/CVD orders face the extended seven-year recordkeeping requirement.
What should importers do right now? Confirm your broker holds an active CBP license, review your power of attorney documentation, verify your broker’s recordkeeping practices meet the updated 19 CFR Part 111 standards, and ask your broker directly how they are implementing the new supervision requirements. Use the CustomsBrokerIndex.com broker search to verify license status and find qualified alternatives if needed.
Where can importers find official guidance? Official guidance is published at cbp.gov under the broker management section. The NCBFAA publishes member advisories on regulatory changes. Importers can review binding rulings and compliance interpretations at rulings.cbp.gov. You can also browse brokers by state to find a licensed professional in your region who can walk you through the implications for your specific import program.