CBLE Dispute Resolution Procedures 2 — Questions and Answers
Question 1: A protest filed under 19 U.S.C. § 1514 must be filed within how many days after liquidation of the entry?
- 90 days
- 180 days (Correct answer)
- 30 days
- 60 days
Correct 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.
Question 2: Which CBP form is used to file a protest against a CBP decision on an entry?
- CBP Form 19 (Correct answer)
- CBP Form 28
- CBP Form 4811
- CBP Form 7501
Correct answer: CBP Form 19
CBP Form 19 (Application for Further Review of Protest) is the official form used to file a protest with CBP.
Question 3: Further Review of Protest (FRP) is warranted when the protesting party demonstrates the claim involves which of the following?
- A question of law or fact that has not been ruled upon by the Commissioner or the courts (Correct answer)
- A simple clerical error in entry documents
- A request for accelerated liquidation
- A prior disclosure of a Customs violation
Correct 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.
Question 4: After CBP denies a protest, an importer wishing to contest the denial in court must file suit in which court?
- U.S. Court of International Trade (Correct answer)
- U.S. District Court
- U.S. Claims Court
- U.S. Court of Federal Claims
Correct 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.
Question 5: What is the time limit to file suit in the U.S. Court of International Trade after CBP denies a protest?
- 180 days
- 2 years (Correct answer)
- 90 days
- 1 year
Correct answer: 2 years
An importer has two years from the date of denial of the protest to file a civil action in the CIT.
Question 6: When CBP issues a CF-28 (Request for Information), the importer's response is generally due within how many days?
- 30 days (Correct answer)
- 60 days
- 15 days
- 90 days
Correct answer: 30 days
CBP Form 28 requests typically require a response within 30 days, though CBP may grant extensions.
Question 7: 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:
- Petition CBP and present mitigating circumstances before a penalty is assessed (Correct answer)
- File a protest with the port director
- Request a binding ruling from CBP headquarters
- Appeal directly to the CIT
Correct 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.
CBLE Dispute Resolution Procedures 2
A protest filed under 19 U.S.C. § 1514 must be filed within how many days after liquidation of the entry?