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The options available depend on the entry summary liquidation status. Once liquidation has occurred, the only option available for relief is to file a Protest. 19 U.S.C 1514, Protest Against Decisions of Customs Service provides the legal vehicle for importers and interested parties to administratively contest CBP decisions related to imported merchandise.
Within 180 days of liquidation, the importer, their broker, or attorney can contest CBP decisions relating to imported merchandise with a protest under section 514 of the Tariff Act of 1930. Protests and petitions are generally filed on CBP Form 19. This form provides instructions on what is required to file a protest. However, there is no statutory requirement that a protest or petition be filed on CBP Form 19. Any document received, which can be construed to contest a decision and is signed by the party of interest should be treated as a protest.
Protests may be filed electronically in the ACE Protest module, or by paper submission at the port where entry was made. The Protest application provides an online form that enables trade or CBP users to add a protest record to the ACE Protest Module. To file a protest in ACE, trade users must establish and maintain a protest filer account within the ACE Portal.
On December 9, 2020, CBP provided the trade community a webinar covering topics specific to protests (19 U.S.C. 1514). The webinar topics included Trade Remedy protests, selected protest topics such as submission and amending, Application for Further Review (AFR), Center of Excellence and Expertise (Center) submission best practices, and Accelerated Disposition & Court of International Trade (CIT) filings. Please utilize the following link to view this resource: -engagement/webinars.
For more information on protest, please see the protest section in the ACE Entry Summary Business Rules and Process document, CBP's ACE Protest Frequently Asked Questions and the Protest in ACE site page.
CBP accepts protest submitted in the ACE Protest Module, as well as in paper form. The filer can choose the means at their discretion, however submitting through the ACE Protest Module allows for more visibility of the status of the protest.
Yes, when filing a protest through the ACE Protest Module entries filed at multiple ports can added to the same protest. However, protests filed in paper form must be submitted to the Port of Entry where the entry under protest was filed.
No, original and/or revised CBP Form 7501s are not required for protest filed in the ACE Protest Module or in paper form, UNLESS, the underlying entry(s) were not filed through the Electronic Data Interchange (EDI), i.e. non-electronically filed entries.
When creating a protest, or uploading documents after the creation of a protest, the documents must be uploaded to the ACE Protest Module. The reviewing Center will not search DIS for associated documents.
Ideally both, responding to the email request through email with the requested documents is accepted. You should ensure that the receiving Center uploads the requested documents to the protest to complete the protest record.
A CBP Form 4811 can be submitted independently or with and entry. A party must have a Form 4811 on file with CBP to be listed on the protest as Refund C/O Number on a protest; the selection of a Refund C/O Party on a protest will supersede any other Form 4811 for the parties involved.
Hard copy protests will be accepted at the Ports of Entry and processed by the Ports/Centers of Excellence and Expertise in the same manner as they are today. The only significant change is that CBP will be inputting the information into ACE rather than ACS.
The current statute/regulation (19 USC 1515(b); 19 CFR 174.229(a)) provides that Accelerated Disposition of a 514 protest can only be requested via certified or registered mail. Since there has been no change or modification made to the statute/regulation for Accelerated Disposition, it will continue to be done through the post office as stated in the 19 CFR.
A single protest can be filed at one of the Centers for entries covering the same issue at multiple ports. Please note that a \"team number\" is assigned to the Port/Center designated as the control team on the lead entry summary. The protest filer may change the \"team number\" when creating the protest.
Yes. Once ACE Protest deploys there will be no more ACS protest fillings. CBP will migrate entry summary data from ACS to ACE. The ACE Protest Module will validate whether entries originally filed in ACS are valid entry numbers.
Instructions and a video on Requesting a Protest Account be found at this link. To apply, select the \"Apply for an Account\" button from the right menu, complete the online form, and submit. To watch the video, scroll towards the bottom of the page and select the video 'How to Apply for an ACE Protest Filer Account form.\"
Requesting a protest filer account should take no more than 24 hours. If you encounter problems while requesting a protest account, contact the ACE Support Help Desk at ACE.Support@cbp.dhs.gov for assistance.
For electronic protest submissions, DIS will not be used to upload supporting documents. All supporting documents and files for additional entry numbers must be uploaded in the ACE Portal for electronic submissions to the protest record.
It is not CBP policy that the filer present or upload supporting documents within 5 days. It is the filer's responsibility to provide documents to support the protest when it is created, not upon review by CBP. CBP may request additional documentation if needed to render a decision via a CBP Form 28 (Request for Information) but not supporting documentation that is \"required\" when the filer creates a protest.
Yes, filers can still submit protest claims electronically. The online form provides a check box \"Sample Provided.\" The protest filer should forward the sample to the port or Center of Excellence and Expertise team designated on the protest submission and note in the protest record when, how, and to whom the sample is being sent.
The protest module does not have a print feature for printing the online form. However, other parties added as email recipients to the protest record will be provided notification of specific protest events (approved, denied, denied in part, etc.).
The individual names and phone numbers of CBP personnel are not provided when a protest decision is made. The filer will be given general information needed to contact the port or Center of Excellence and Expertise team rendering the decision.
While Headquarters monitors some aspects of the protest process, port and Center of Excellence and Expertise supervisors are ultimately responsible for monitoring their teams' protest processing timeliness.
ACE will allow for amendments to a protest any time up until the decision is made. However, the legal requirement remains the 180 day period after liquidation (in most cases). Amendments made after this timeframe will be considered untimely.
Due to the statutory requirements, we are required to have accelerated disposition requests sent by certified or registered mail. Once the request is sent, you may initiate the request in the ACE protest module, so CBP can be alerted, using the \"Accelerated Disposition Action.\"
No, since the filer did not begin filing the protest electronically. Once a protest claim is submitted using the paper based method all additional actions, including requesting an AFR, with that particular protest submission must take place on paper.
No, there is currently no specific naming convention for protest supporting documents in ACE. However, CBP requests that filers try to be as clear as possible when naming their uploaded documents to help the bureau's personnel easily understand and differentiate between the information that each file contains.
No, only protest claims that have been electronically submitted using the ACE Portal will be searchable in the system. While protest claims electronically submitted in ACS will be migrated into ACE, these claims will be treated like a protest that was submitted using the paper method. This means that they will not receive electronic notifications/updates or be searchable in the ACE Protest Module.
You will be considered a United States resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States (U.S.) on at least:
You were physically present in the U.S. on 120 days in each of the years 2019, 2020 and 2021. To determine if you meet the substantial presence test for 2021, count the full 120 days of presence in 2021, 40 days in 2020 (1/3 of 120), and 20 days in 2019 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test: for 2021.
You are treated as present in the U.S. on any day you are physically present in the country, at any time during the day. However, there are exceptions to this rule. Do not count the following as days of presence in the U.S. for the substantial presence test:
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