Administrative review and modification of decisions
Unless a request for an accelerated disposition of a protest is filed in accordance with subsection (b) of this section the appropriate customs 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 excess shall be remitted or refunded and any drawback found due shall be paid. Upon the request of the protesting party, filed within the time allowed for the filing of a protest under section 1514 of this title, a protest may be subject to further review by another appropriate customs officer, under the circumstances and in the form and manner that may be prescribed by the Secretary 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 appropriate 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 denial 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.
Request for set aside of denial of further review
If a protesting party believes that an application for further review was erroneously or improperly denied or was denied without authority for such action, it may file with the Commissioner of U.S. Customs and Border Protection a written request that the denial of the application for further review be set aside. Such request 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 information before the Customs Service at the time the application for further review was denied, may set aside the denial of the application for further review and void the denial of protest, if appropriate. 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 application for further review, all administrative action pertaining to such protest or application shall terminate and any administrative action taken subsequent to the commencement of the action is null and void.
Voiding denial of protest
If a protest is timely and properly filed, but is denied contrary to proper instructions, the Customs Service may on its own initiative, or pursuant to a written request by the protesting party filed with the appropriate port director within 90 days after the date of the protest denial, 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].)