19 C.F.R. § 174.14

Amendment of protests

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(a) Time for filing. A protest may be amended at any time prior to the expiration of the period within which the protest may be filed under § 174.12(e). The amendment may assert additional claims pertaining to the administrative decision that is the subject of the protest, or may challenge an additional administrative decision relating to the same category of merchandise that is the subject of the protest. For the presentation of additional grounds or arguments in support of a valid protest after the applicable protest period set forth in § 174.12(e) has expired, see § 174.28.

(b) Form and number of copies of amendment. If the protest was not filed electronically, an amendment to the protest must be filed in quadruplicate on CBP Form 19 or on a form of the same size, clearly labeled “Amendment to Protest” at the top of the form. Schedules or other attachments (other than samples or similar exhibits) must also be filed in quadruplicate. A protest that was transmitted to CBP electronically may be amended only through an electronic data interchange system authorized by CBP for that purpose. Electronic submissions are not required to be filed in quadruplicate.

(1) The name, address, and importer number of the protesting party, i.e., the importer of record or consignee, and the name and address of his agent or attorney if filed by one of these;

(2) The number and date of filing of the original protest;

(3) A specific description of the merchandise affected by the decision as to which the amendment to the protest is filed;

(4) The nature of and justification for the objection raised by the amendment set forth distinctly and specifically with respect to each category, payment, claim, decision, or refusal; and

(5) The date of receipt and protest number of any protest previously filed that is the subject of a pending application for further review and that is alleged to involve the same merchandise and the same issues involved in the amendment.

(d) Identification of filer. An amendment to a protest may be filed only by the person who originally filed such protest or his agent or attorney subject to the provisions of § 174.3. The identity of the filer shall be noted on the amendment to a protest. Any acceptable method used to identify the filer described in § 174.12(c) as being acceptable on a protest will be acceptable on an amendment to a protest.

(e) Place and date of filing. An amendment to a protest shall be filed with CBP, either at the port of entry or electronically . The amendment shall be deemed filed on the date it is received by the Customs officer.

(f) Return of fifth copy. If a fifth copy of the amendment is presented for the purpose of having recorded thereon the date of its receipt, such information shall be recorded thereon and the fifth copy shall be returned to the person filing the amendment.

[T.D. 70-181, 35 FR 13429, Aug. 22, 1970, as amended by T.D. 94-55, 59 FR 34971, July 8, 1994; CBP Dec. 11-02, 76 FR 2578, Jan. 14, 2011; CBP Dec. No. 16-26, 81 FR 93025, Dec. 20, 2016]

Notes of Decisions

Cited in 13 cases, 1977–2017 · leading case: Am. Nat'l Fire Ins. v. United States, 441 F. Supp. 2d 1275 (Ct. Intl. Trade 2006).

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Am. Nat'l Fire Ins. v. United States, 441 F. Supp. 2d 1275 (Ct. Intl. Trade 2006). · cites it 8× “Plaintiff claims that these two sentences “put classification into play so it could either amend or supplement its initial classification choice (as entered) in accordance with 19 C.F.R. § 174.14 and 19 C.F.R. § 174.28 .”

Fujitsu Gen. Am., Inc. v. United States, 110 F. Supp. 2d 1061 (Ct. Intl. Trade 2000). “See also 19 C.F.R. § 174.14 (a)(1997)(“The amendment may assert additional claims pertaining to the administrative decision which is the subject of the protest, or may challenge an additional administrative decision relating to the same category of merchandise which is the…”

Tail Active Sportswear v. United States, 793 F. Supp. 325 (Ct. Intl. Trade 1992). · cites it 2× “§ 1514 (c)(1); 19 C.F.R. § 174.14 ; Pagoda Trading Corp.”

Russ Togs, Inc. v. United States, 79 Cust. Ct. 119 (Cust. Ct. 1977). “See also 19 C.F.R. § 174.14 . Plaintiff’s argument, that the second protests do not violate the one protest per entry rule of section 1514(b)(1) because the civil action covering the first protests (Court No.”

Webcor Elec. v. United States, 442 F. Supp. 95 (Cust. Ct. 1977). “] Pursuant to the statutory directive respecting regulations, the Secretary of the Treasury promulgated 19 C.F.R. 174.14, which provides in pertinent part: (b) Form and number of copies of amendment.”

Block Handbags Inc. v. United States, 82 Cust. Ct. 75 (Cust. Ct. 1979). “1514(b)(1) and 19 CFR 174.14 (1977). Further, although there is nothing in the protest itself to indicate the capacity in which plaintiff acted in filing that document administratively, 1 i.”

Isaac Indus., Inc. v. United States, 780 F. Supp. 2d 1372 (Ct. Intl. Trade 2011). “” 19 C.F.R. § 174.14 (a) (2011). 6 .On April 18, 2006, a year after the first set of protests, but before filing suit, Plaintiff filed a second set of protests, this time with the Los Angeles office.”

Hartford Fire Ins. Co. v. United States, 2017 CIT 139 (Ct. Intl. Trade 2017). “See 19 C.F.R. § 174.14 . Customs denied the Protests on March 13, and 16, 2012.”

Consol. Fibers, Inc. v. United States, 2017 CIT 157 (Ct. Intl. Trade 2017). “19 C.F.R. §§ 174.14 (a), 174.28. At the time Customs denied its protest, Consolidated Fibers had not amended it or added additional grounds.”

BP Oil Supply Co. v. United States, 2011 CIT 116 (Ct. Intl. Trade 2011). “13 (a protest shall contain, inter alia, a “specific description of the merchandise affected by the decision as to which protest is made” and the “nature of[ ] and justification for the objection set forth distinctly and specifically with respect to each category, payment,…”

VWP of Am., Inc. v. United States, 2006 CIT 144 (Ct. Intl. Trade 2006). “§ 1514 (b)(1) and 19 C.F.R. § 174.14 (1977).” Id. Also, Neptune Microfloc, Inc.”

Amoco Corp. v. United States, 412 F. Supp. 2d 1292 (Ct. Intl. Trade 2005). “” 19 C.F.R. § 174.14 (c)(3) (1996). However, amendments are not permitted “after the [90-day] statutory period for filing a protest has run.”

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