QUESTION: Our company filed a number of protests from 2013 onward related to pending litigation in the US Court of International Trade. The protests were suspended pending the results of the litigation. This case was finalized earlier this year in our favor. Is there a way I can check the status of the protests that […]
QUESTION: I filed a “paper” protest in Sept. 2018, and have since found out I can file a protest directly in ACE. Under the guidance of an attorney I submitted all of the necessary documentation in ACE for my protest in March 2019. I can see the data for the March protest, but not the […]
Question: If a PEA has previously been filed on an entry and liquidated, can a protest be filed on the same entry for different merchandise? =============== Answers: Yes. It can also be filed for the same merchandise! =============== A PEA corrects data to allow for the correct liquidation. A protest challenges the liquidation. They are […]
Question: We have a pending classification protest at HQ. As I was looking through the next set of entries to send in for protest, I realize that there are some other non-revenue classification errors that I would like to clear up. I thought I would file PEAs on the entries that haven’t liquidated, […]
Question: Customs issued a CF28 asking me to provide documents to support a Free TradeAgreement claim for preferential duty treatment. I provided a response toCustoms to the CF28 but Customs felt that the documents I provided to supportthe qualification of the goods under the FTA didn’t prove the qualification. Customs issued a CF29 stating why […]
Question: We are seeking clarification on a question already posed to themembership a while ago… the answers given were not definitive of thepost – entry activity timeline specific to revoked rulings. Here is our scenario: Industry receives ruling on classification, resulting in increase induty. Fast forward 5 years… that ruling is revoked, resulting inreclassification and […]
Question: Do any of the members know if there is any avenue to resubmit a Protest thatwas denied in full for being filed at the wrong port, and is past the 180day time limit. Some of the research I did indicates that I am out of luck.
Question: Would like opinion of the value of choosing accelerated disposition of a filed protest. Getting refunded $ faster sounds good (quite confident in protest, as several smaller $ protests for same criteria have been approved in 120 days, more or less), but in reading 19CFR174.22(d), it seems like requesting acceleration is quite a […]
Question: §174.21(a) states that a protest is to be reviewed and acted upon within two years from the date the protest was filed. What the section does not state is what happens if the two years goes by with no action? Does the protestant win? Lose? §174.21(b), which is for protests relating to exclusions, […]
Question: Is there an advantage to self filing protests vs. having your broker file on your behalf? If your broker files protests, do you review their work prior to submission? If your broker files your protest do you have language in an SOP that defines expectations? If yes, would you be willing to share […]
I also am interested in the procedure to Protest a Notice of Action and if anyone has had any luck at it?
I noticed that the regulations (19 CFR 174.12) and the statute (19 USC 1514) are not in harmony regarding the time window allowed for filing a protest (90 days v. 180 days respectively). Can someone please explain the discrepancy? As I understand, the 180 days applies to entries after 12/18/04 which was the implementation date […]
