Dispute Resolution Procedures Flashcards

A protest filed under 19 U.S.C. § 1514 must be filed within how many days after liquidation of the entry?

Answer: 180 days

Under 19 U.S.C. § 1514, a protest must be filed within 180 days after the date of liquidation of the entry.

Which CBP form is used to file a protest against a CBP decision on an entry?

Answer: CBP Form 19

CBP Form 19 (Application for Further Review of Protest) is the official form used to file a protest with CBP.

Further Review of Protest (FRP) is warranted when the protesting party demonstrates the claim involves which of the following?

Answer: A question of law or fact that has not been ruled upon by the Commissioner or the courts

FRP is appropriate when there is a novel question of law or fact not previously decided by CBP headquarters or the courts.

After CBP denies a protest, an importer wishing to contest the denial in court must file suit in which court?

Answer: U.S. Court of International Trade

Importers challenging a denied protest must file suit in the U.S. Court of International Trade (CIT), which has exclusive jurisdiction over customs matters.

What is the time limit to file suit in the U.S. Court of International Trade after CBP denies a protest?

Answer: 2 years

An importer has two years from the date of denial of the protest to file a civil action in the CIT.

When CBP issues a CF-28 (Request for Information), the importer's response is generally due within how many days?

Answer: 30 days

CBP Form 28 requests typically require a response within 30 days, though CBP may grant extensions.

Under the administrative dispute resolution process, a Pre-Penalty Notice (CBP Form 99) is issued before a formal penalty to allow the alleged violator to:

Answer: Petition CBP and present mitigating circumstances before a penalty is assessed

The Pre-Penalty Notice gives the importer or broker an opportunity to submit a petition explaining circumstances that may reduce or eliminate the penalty before it is formally assessed.