19 C.F.R. § 171.14

Headquarters advice

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The advice of the Director, Border Security and Trade Compliance Division, Regulations and Rulings, Office of International Trade, CBP Headquarters, or his designee, may be sought in any case (except as provided in this section), without regard to delegated authority to act on a petition or offer, when a novel or complex issue concerning a ruling, policy, or procedure is presented concerning a CBP action(s) or potential CBP action(s) relating to seizures and forfeitures, penalties, or mitigating or remitting any claim. This section does not apply to actual duty loss tenders determined by CBP pursuant to § 162.74(c) of this Chapter relating to prior disclosure and to actual duty loss demands made under § 162.79b of this Chapter. The request for advice may be initiated by the alleged violator or any CBP officer, but must be submitted to the Fines, Penalties, and Forfeitures Officer. The Fines, Penalties, and Forfeitures Officer retains the authority to refuse to forward any request that fails to raise a qualifying issue and to seek legal advice from the appropriate Associate or Assistant Chief Counsel in any case.

Notes of Decisions

Cited in 3 cases, 1989–1998 · leading case: United States v. Modes, Inc., 723 F. Supp. 811 (Ct. Intl. Trade 1989).

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United States v. Modes, Inc., 723 F. Supp. 811 (Ct. Intl. Trade 1989). · cites it 2× “32 ) and is entitled to an oral hearing ( 19 C.F.R. § 171.14 ) before [the government] may refer a case to the U.”

United States v. Stanley Works, 17 Ct. Int'l Trade 1378 (Ct. Intl. Trade 1993). “*1383 A respondent must comply with the stated time period in the penalty notice in order to take advantage of its right to make an oral presentation pursuant to 19 C.F.R. § 171.14 (1990). The November 27, 1992 penalty notice provided Stanley with a seven-day response period…”

United States v. Maxi Switch, Inc., 18 F. Supp. 2d 1040 (Ct. Intl. Trade 1998). “In addition, 19 C.F.R. § 171.14 (a)(2) provides, “[t]he person shall be *1046 given a reasonable opportunity to make an oral presentation provided that a [-written] petition has been filed .”

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