C.F.R. » Title 19 » CHAPTER I—U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT OF THE TREASURY › PART 174—PROTESTS › Subpart C—Review and Disposition of Protests

19 C.F.R. § 174.23

Further review of protests

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A protesting party may seek further review of a protest in lieu of review by the Center director by filing, on the form prescribed in § 174.25, an application for such review within the time allowed and in the manner prescribed by § 174.12 for the filing of a protest. The filing of an application for further review shall not preclude a preliminary examination by the Center director for the purpose of determining whether the protest may be allowed in full. If such preliminary examination indicates that the protest would be denied in whole or in part by the Center director in the absence of an application for further review; however, he shall forward the protest and application for consideration in accordance with § 174.26.

[CBP Dec. No. 16-26, 81 FR 93025, Dec. 20, 2016]
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2024 · leading case: Under the Weather, LLC v. United States, 2024 CIT 99 (Ct. Intl. Trade 2024).
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Under the Weather, LLC v. United States, 2024 CIT 99 (Ct. Intl. Trade 2024). · cites it 2× “” See 19 C.F.R. §§ 174.23 , 174.24, 174.25, 174.”
Aspects Furniture Int'l, Inc. v. United States, 2019 CIT 78 (Ct. Intl. Trade 2019). “Further review of a protest is governed by different regulatory provisions ( 19 C.F.R. §§ 174.23 - 174.25 ) and has no bearing on the validity of the underlying protest or this court's jurisdiction over the underlying protest.”
Toyota Motor Sales, U.S.A., Inc. v. United States, 2011 CIT 113 (Ct. Intl. Trade 2011). “16 Pursuant to 19 C.F.R. § 174.23 , a protestant may accompany a protest with an application for further review.”
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