Protests/Petitions

Protests/Petitions

  • CBP Protest Status with Unresponsive broker

    Question: Does anyone know how an importer would get status of a CBP entry protest if the broker who filed it was unresponsive and not able to be contacted? Protest filed to apply exclusions not applied at initial import. Answer 1: Reach out to the CEE which handled the entry. In the top right corner […]

  • PROTEST, PSC OR DISCLOSURE

    QUESTION: We recently discovered an item imported for years had the incorrect HTS assigned, most likely a result of an administrative error when we did a system transition a long time ago and was never caught.  The HTS previously used has a significantly higher duty rate than the correct HTS. There are hundreds of entries […]

  • Protest to CBP for duty refund

    QUESTION: We have a product that qualifies for an FTA.  Our brokers system failed to capture it in mid to late 2021,  The FTA became valid during the MTB program that expired December 31,2020 ,  When the MTB expired,  we failed to capture the FTA lower tariff and paid duties on the full HTS %. […]

  • CHALLENGING A DENIED PROTEST

    QUESTION: A protest was filed to claim an exclusion.  CBP rejected stating the product did not match the exclusion description exactly.   The client hired a trade attorney to request a amendment to the exclusion description which was granted.  The USTR posted the modification with original description and new description.  I emailed the Customs specialist who […]

  • PROTEST PERIOD

    QUESTION: We are having a lively debate here and would like to hear what our legal eagles have to say. We are well aware the protest period is 180 days from liquidation. Let’s say you file a protest and it is approved. The entry will re-liquidate with a refund. Now that there is a new […]

  • DENIED PROTEST ACCEPTED – PROCESS

    QUESTION: We requested a protest denial voided and it was accepted.  I couldn’t find anything that tells me what to expect now.  Will CBP review the protest again, or have they done that, in order to accept the void,  and will we now get refunded the duties we paid? ************ Answers: You did not give […]

  • PSC AND PROTEST REFUND STATUS

    QUESTION: We filed over 8 Million dollars in exclusions through PSC’s and Protests. Most of the PSC’s and Protests were filed at the beginning of the year. To date we have only received 1.5 million back and have been averaging about 50K in refunds per week for a couple months. Are other members experiencing the […]

  • Protest filing period

    QUESTION: My understanding is that after 180th day of liquidation there is no recourse as Protest filing period has been missed. Are there any actions can you take to straighten things out at this point? =========== Answers: If it is one-time issue that you owe money, you can always file a Voluntary Tender and pay […]

  • DENIED PROTEST NEXT STEPS

    QUESTION: What recourse (if any) does a filer when CBP denies a Protest on the merit that the filer failed to upload the documents to the Protest module. We submitted a request for reconsideration but it was also denied.   The CBP import specialist just won’t bend on this one… ========== Answers: You don’t say […]

  • Protest Status

    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 […]

  • FILING PAPER PROTESTS

    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 […]

  • PROTEST AFTER PEA

    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 […]