(a) Contents, in general. A protest shall contain the following information:
(1) The name and address of the protestant, i.e., the importer of record or consignee, and the name and address of his agent or attorney if signed by one of these;
(2) The importer number of the protestant. If the protestant is represented by an agent having power of attorney, the importer number of the agent shall also be shown;
(3) The number and date of the entry;
(4) The date of liquidation of the entry, or the date of a decision not involving a liquidation or reliquidation;
(5) A specific description of the merchandise affected by the decision as to which protest is made;
(6) The nature of, and justification for the objection set forth distinctly and specifically with respect to each category, payment, claim, decision, or refusal;
(7) The date of receipt and protest number of any protest previously filed that is the subject of a pending application for further review pursuant to subpart C of this part and that is alleged to involve the same merchandise and the same issues, if the protesting party requests disposition in accordance with the action taken on such previously filed protest;
(8) If another party has not filed a timely protest, the surety's protest shall certify that the protest is not being filed collusively to extend another authorized person's time to protest; and
(9) A declaration, to the best of the protestant's knowledge, as to whether the entry is the subject of drawback, or if there is the ability for a party to make such entry the subject of drawback (see §§ 181.50, 182.50, 190.81, and 191.81 of this chapter).
(b) Multiple entries. A single protest may be filed with respect to more than one entry with CBP, either at any port or electronically if all such entries involve the same protesting party, and if the same category of merchandise and a decision or decisions common to all entries are the subject of the protest. In such circumstances, the entry numbers, dates of entry, and dates of liquidation of all such entries should be set forth as an attachment to the protest.
(c) Optional designation for refunds. If desired by the importer/consignee, the statement “any refunds with respect to the entry under protest shall be issued electronically in accordance with 31 U.S.C. 3332, unless a waiver condition in 31 CFR 208.4 is met, to the agent designated by the importer/consignee:_________”
(Name and Address of Agent)
may be appended to the protest. This designation supersedes any existing designation previously authorized on CBP Form 4811.[T.D. 70-181, 35 FR 13429, Aug. 22, 1970, as amended by T.D. 80-271, 45 FR 75642, Nov. 17, 1980; T.D. 98-16, 63 FR 11005, Mar. 5, 1998; T.D. 99-64, 64 FR 43267, Aug. 10, 1999; CBP Dec. 24-18, 90 FR 6482, Jan. 17, 2025; CBP Dec. 25-18, 91 FR 36, Jan. 2, 2026]
Notes of Decisions
Chrysal USA, Inc. v. United States, 2012 CIT 96 (Ct. Intl. Trade 2012).
· cites it 21× “§ 1514 (c)(l)(A)-(D) (establishing statutory requirements for contents of a protest); 19 C.F.R. § 174.13 (a)(l)-(6) (establishing regulatory requirements for contents of protest).”
Saab Cars Usa, Inc. v. United States, Defendant-Cross, 434 F.3d 1359 (Fed. Cir. 2006).
· cites it 3× “” Specifically, the government alleges that Saab’s protests fail to satisfy the requirements of 19 C.F.R. § 174.13 (a)(5) and (6), which provide that a protest shall contain a “specific description of the merchandise affected,” and the “nature of, and justification for the…”
XL Specialty Ins. v. United States, 341 F. Supp. 2d 1251 (Ct. Intl. Trade 2004).
· cites it 8× “§ 1514 (c) and 19 C.F.R. § 174.13 (a). In addition to other formal requirements, § 1514(c)(1) states that “[a] protest must set forth distinctly and specifically.”
Ammex, Inc. v. United States, 288 F. Supp. 2d 1375 (Ct. Intl. Trade 2003).
· cites it 4× “The government claims that the language Ammex included on the entry papers falls short of the statutory and regulatory requirements for valid protests and should not be allowed under precedents of the United States Supreme Court and United States Court of Appeals for the Federal…”
Koike Aronson, Inc. v. United States, 165 F.3d 906 (Fed. Cir. 1999).
· cites it 3× “The implementing regulation requires that a protest specify “[t]he nature of, and justification for the objection set forth distinctly and specifically with respect to each category, payment, claim, decision, or refusal-” 19 C.F.R. § 174.13 (a)(6). By its terms, section 1581(a)…”
Daimlerchrysler Corp. v. United States, 442 F.3d 1313 (Fed. Cir. 2006).
“” 19 C.F.R. § 174.13 (b) (2005). If Customs denies such a protest, it must notify the importer in writing of the denial.”
Am. Nat'l Fire Ins. v. United States, 441 F. Supp. 2d 1275 (Ct. Intl. Trade 2006).
· cites it 2× “19 C.F.R. § 174.13 (a). While the specific information necessary for each protest depends on the facts, a valid protest must, at a minimum, give “some information within the protest .”
Cisco Sys., Inc. v. United States, 2011 CIT 140 (Ct. Intl. Trade 2011).
· cites it 4× “The pertinent regulation, 19 C.F.R. § 174.13 , further requires the protest to contain “[a] specific description of the merchandise affected by the decision as to which protest is made.”
Ovan Int'l, Ltd. v. United States, 2015 CIT 17 (Ct. Intl. Trade 2015).
· cites it 9× “Although protests are to be construed liberally, 12 “[t]he re *1332 quirements for a valid protest are contained in section 1514(c)(1) and the implementing regulation [ 19 C.F.R. § 174.13 (a) ] ... [and] are mandatory”.”
Volkswagen of Am., Inc. v. United States, 540 F.3d 1324 (Fed. Cir. 2008).
· cites it 2× “” 19 C.F.R. § 174.13 (a)(5)-(6). We have found that the statute and regulation require a valid protest to “ ‘contain a distinct and clear specification of each substantive ground of objection’ so as to ‘show that the objection taken at the trial was at the time in the mind of…”
— 19 C.F.R. § 174.13(2) — 1 case
— 19 C.F.R. § 174.13(a) — 2 cases
Cisco Sys., Inc. v. United States, 2011 CIT 140 (Ct. Intl. Trade 2011).
“The pertinent regulation, 19 C.F.R. § 174.13 , further requires the protest to contain “[a] specific description of the merchandise affected by the decision as to which protest is made.”
— 19 C.F.R. § 174.13(a)(2) — 1 case
— 19 C.F.R. § 174.13(b) — 1 case
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