19 U.S.C. § 1515 — Review of protests

Page 226 TITLE 19—CUSTOMS DUTIES § 1515 § 1515. Review of protests (a) Administrative review and modification of decisions Unless a request for an accelerated disposition of a protest is filed in accordance with sub- section (b) of this section the appropriate cus- toms officer, within two years from the date a protest was filed in accordance with section 1514 of this title, shall review the protest and shall allow or deny such protest in whole or in part. Thereafter, any duties, charge, or exaction found to have been assessed or collected in ex- cess shall be remitted or refunded and any draw- back found due shall be paid. Upon the request of the protesting party, filed within the time al- lowed for the filing of a protest under section 1514 of this title, a protest may be subject to fur- ther review by another appropriate customs offi- cer, under the circumstances and in the form and manner that may be prescribed by the Sec- retary in regulations, but subject to the two- year limitation prescribed in the first sentence of this subsection. Within 30 days from the date an application for further review is filed, the ap- propriate customs officer shall allow or deny the application and, if allowed, the protest shall be forwarded to the customs officer who will be conducting the further review. Notice of the de- nial of any protest shall be mailed in the form and manner prescribed by the Secretary. Such notice shall include a statement of the reasons for the denial, as well as a statement informing the protesting party of his right to file a civil action contesting the denial of a protest under section 1514 of this title. (b) Request for accelerated disposition of protest A request for accelerated disposition of a pro- test filed in accordance with section 1514 of this title may be mailed by certified or registered mail to the appropriate customs officer any time concurrent with or following the filing of such protest. For purposes of section 1581 of title 28, a protest which has not been allowed or de- nied in whole or in part within thirty days fol- lowing the date of mailing by certified or reg- istered mail of a request for accelerated disposi- tion shall be deemed denied on the thirtieth day following mailing of such request. (c) Request for set aside of denial of further re- view If a protesting party believes that an applica- tion for further review was erroneously or im- properly denied or was denied without authority for such action, it may file with the Commis- sioner of U.S. Customs and Border Protection a written request that the denial of the applica- tion for further review be set aside. Such re- quest must be filed within 60 days after the date of the notice of the denial. The Commissioner of U.S. Customs and Border Protection may review such request and, based solely on the informa- tion before the Customs Service at the time the application for further review was denied, may set aside the denial of the application for fur- ther review and void the denial of protest, if ap- propriate. If the Commissioner of U.S. Customs and Border Protection fails to act within 60 days after the date of the request, the request shall be considered denied. All denials of protests are effective from the date of original denial for purposes of section 2636 of title 28. If an action is commenced in the Court of International Trade that arises out of a protest or an applica- tion for further review, all administrative ac- tion pertaining to such protest or application shall terminate and any administrative action taken subsequent to the commencement of the action is null and void. (d) Voiding denial of protest If a protest is timely and properly filed, but is denied contrary to proper instructions, the Cus- toms Service may on its own initiative, or pur- suant to a written request by the protesting party filed with the appropriate port director within 90 days after the date of the protest de- nial, void the denial of the protest. (June 17, 1930, ch. 497, title IV, § 515, 46 Stat. 734; Pub. L. 91–271, title II, § 208, June 2, 1970, 84 Stat. 285; Pub. L. 96–39, title X, § 1001(b)(2), July 26, 1979, 93 Stat. 304; Pub. L. 96–417, title VI, § 606, Oct. 10, 1980, 94 Stat. 1745; Pub. L. 103–182, title VI, § 617, Dec. 8, 1993, 107 Stat. 2179; Pub. L. 104–295, § 3(a)(11), Oct. 11, 1996, 110 Stat. 3516; Pub. L. 106–36, title II, § 2407, June 25, 1999, 113 Stat. 171; Pub. L. 108–429, title II, § 2104, Dec. 3, 2004, 118 Stat. 2598; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 515, 42 Stat. 970. That section was superseded by section 515 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions for transmission of the invoice, papers, and exhibits to the board of general appraisers in case of protest, and provisions concerning the conclusive- ness of its determination, were contained in act Oct. 3, 1913, ch. 16, § III, N, 38 Stat. 187, the provisions of which were substituted for provisions of a similar nature in Customs Administrative Act of June 10, 1890, ch. 407, § 14, 26 Stat. 137, as amended by Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 100. AMENDMENTS 2004—Subsec. (b). Pub. L. 108–429 substituted ‘‘concur- rent with or’’ for ‘‘after ninety days’’ in first sentence. 1999—Subsec. (a). Pub. L. 106–36 inserted after third sentence ‘‘Within 30 days from the date an application for further review is filed, the appropriate customs offi- cer shall allow or deny the application and, if allowed, the protest shall be forwarded to the customs officer who will be conducting the further review.’’ 1996—Subsec. (d). Pub. L. 104–295 substituted ‘‘port di- rector’’ for ‘‘district director’’. 1993—Subsecs. (c) and (d). Pub. L. 103–182 added sub- secs. (c) and (d). 1980—Subsec. (b). Pub. L. 96–417 substituted reference to section ‘‘1581’’ for ‘‘1582’’ of title 28. 1979—Subsec. (a). Pub. L. 96–39 required that notice of denial include a statement of reasons for denial, as well as a statement informing protesting party of his right to file a civil action contesting denial of a protest under section 1514 of this title. 1970—Pub. L. 91–271 designating existing provisions as subsec. (a), substituted provisions authorizing review by appropriate customs officer for provisions author- izing review by collector and revised such review proce- dures, and added subsec. (b). Page 227 TITLE 19—CUSTOMS DUTIES § 1516 Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ wherever appearing in subsec. (c) on authority of sec- tion 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–429 applicable to merchan- dise entered, or withdrawn from warehouse for con- sumption, on or after the 15th day after Dec. 3, 2004, see section 2108 of Pub. L. 108–429, set out as a note under section 1401 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see sections 1002 and 107 of Pub. L. 96–39, set out as Effec- tive Date notes under sections 1516a and 1671 of this title, respectively. EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. REVIEW OF PROTESTS IN IMPORT SURCHARGE CASES Pub. L. 93–618, title VI, § 611, Jan. 3, 1975, 88 Stat. 2075, provided that: ‘‘Notwithstanding the provisions of sec- tion 515(a) of the Tariff Act of 1930 (19 U.S.C. 1515(a)), in the case of any protest under section 514 of such Act [section 1514 of this title] involving the imposition of an import surcharge in the form of a supplemental duty pursuant to Presidential Proclamation 4074, dated Au- gust 17, 1971 [formerly set out as a note preceding sec- tion 1202 of this title], the time for review and allowing or denying the protest shall not expire until five years from the date the protest was filed in accordance with such section 514 [section 1514 of this title].’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Secretary of the Treasury under this section insofar as they relate to any protest, petition, or notice of desire to contest described in section 1002(b)(1) of the Trade Agreements Act of 1979, set out as a note under section 1516a of this title, transferred to Secretary of Commerce pursuant to Reorg. Plan No. 3 of 1979, § 5(a)(1)(D), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. § 1516. Petitions by domestic interested parties (a) Request for classification and rate of duty; petition (1) The Secretary shall, upon written request by an interested party furnish the classification and the rate of duty imposed upon designated imported merchandise of a class or kind manu- factured, produced, or sold at wholesale by such interested party. If the interested party believes that the appraised value, the classification, or rate of duty is not correct, it may file a petition with the Secretary setting forth— (A) a description of the merchandise, (B) the appraised value, the classification, or the rate of duty that it believes proper, and (C) the reasons for its belief. (2) As used in this section, the term ‘‘inter- ested party’’ means a person who is— (A) a manufacturer, producer, or wholesaler in the United States; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, produc- tion, or wholesale in the United States; or (C) a trade or business association a major- ity of whose members are manufacturers, pro- ducers, or wholesalers in the United States, of goods of the same class or kind as the des- ignated imported merchandise. Such term in- cludes an association, a majority of whose mem- bers is composed of persons described in sub- paragraph (A), (B), or (C). (3) Any producer of a raw agricultural product who is considered under section 1677(4)(E) of this title to be part of the industry producing a proc- essed agricultural product of the same class or kind as the designated imported merchandise shall, for purposes of this section, be treated as an interested party producing such processed ag- ricultural product. (b) Determination on petition If, after receipt and consideration of a petition filed by such an interested party, the Secretary determines that the appraised value, the classi- fication, or rate of duty is not correct, he shall determine the proper appraised value, classifica- tion, or rate of duty and shall notify the peti- tioner of his determination. All such merchan- dise entered for consumption or withdrawn from warehouse for consumption more than thirty days after the date such notice to the petitioner is published in the weekly Customs Bulletin shall be appraised, classified, or assessed as to the rate of duty in accordance with the Sec- retary’s determination. (c) Contest by petitioner of appraised value, clas- sification, or rate of duty If the Secretary determines that the appraised value, classification, or rate of duty with re- spect to which a petition was filed pursuant to subsection (a) of this section is correct, he shall notify the petitioner. If dissatisfied with the de-