On December 9, 2020, CBP provided the trade community a webinar covering topics specific to protests (19 U.S.C. 1514). The webinar topics included Trade Remedy protests, selected protest topics such as submission and amending, Application for Further Review (AFR), Center of Excellence and Expertise (Center) submission best practices, and Accelerated Disposition & Court of International Trade (CIT) filings. These FAQs were created from questions asked during the webinar. Below, a new section for the Protest Webinar Frequently Asked Questions (FAQ).
Protest Webinar Frequently Asked Questions (FAQ) December 9th, 2020.
Liquidation can be extended in one year increments, not to exceed three years under 19 C.F.R. 159.12.
A 514 Protest can be filed with CBP within 180 days after liquidation of the entry under protest, under 19 U.S.C. 1514(c)(3).
CBP accepts protest submitted in the ACE Protest Module, as well as in paper form. The filer can choose the means at their discretion, however submitting through the ACE Protest Module allows for more visibility of the status of the protest.
The 10MB file size concerns individual files, not the combined size of all uploaded files; no file larger than 10MB can be uploaded into the ACE Protest Module.
Yes, when creating a protest in the ACE Protest Module multiple entries can be associated with the same protest.
Yes, when filing a protest through the ACE Protest Module entries filed at multiple ports can added to the same protest. However, protests filed in paper form must be submitted to the Port of Entry where the entry under protest was filed.
No, original and/or revised CBP Form 7501s are not required for protest filed in the ACE Protest Module or in paper form, UNLESS, the underlying entry(s) were not filed through the Electronic Data Interchange (EDI), i.e. non-electronically filed entries.
When creating a protest, or uploading documents after the creation of a protest, the documents must be uploaded to the ACE Protest Module. The reviewing Center will not search DIS for associated documents.
Ideally both, responding to the email request through email with the requested documents is accepted. You should ensure that the receiving Center uploads the requested documents to the protest to complete the protest record.
Once a protest is denied there are limited avenues for the filer. Initiating an action with the Court of International Trade (CIT) is usually the only option.
No, AFR can be requested when a protest is created or anytime thereafter before the protest is decided, and before the expiration of the 180 days after liquidation timeframe for filing a protest.
Requests should e sent to: Office of Trade, Regulations and Rulings, 90K Street, NE, 10th Floor, Washington, D.C. 20229-1177, Attn: 19 USC 1515(c) Request (or the subject matter branch if known).
Inquiries should be sent to the Center reviewing the protest.
No, even if you have a Protest Filer Account you would not have visibility of protests filed on your behalf by another Protest Filer.
Brokers or importers should contact the Center that reviewed and decided the protest.
A CBP Form 4811 can be submitted independently or with and entry. A party must have a Form 4811 on file with CBP to be listed on the protest as Refund C/O Number on a protest; the selection of a Refund C/O Party on a protest will supersede any other Form 4811 for the parties involved.
Yes, protest functionality was deployed in ACE on Saturday, August 27, 2016.
No, the ACE Protest Module does not have a print function for electronically submitted CBP 19 forms.
Hard copy protests will be accepted at the Ports of Entry and processed by the Ports/Centers of Excellence and Expertise in the same manner as they are today. The only significant change is that CBP will be inputting the information into ACE rather than ACS.
The current statute/regulation (19 USC 1515(b); 19 CFR 174.229(a)) provides that Accelerated Disposition of a 514 protest can only be requested via certified or registered mail. Since there has been no change or modification made to the statute/regulation for Accelerated Disposition, it will continue to be done through the post office as stated in the 19 CFR.
A single protest can be filed at one of the Centers for entries covering the same issue at multiple ports. Please note that a "team number" is assigned to the Port/Center designated as the control team on the lead entry summary. The protest filer may change the "team number" when creating the protest.
Yes. Once ACE Protest deploys there will be no more ACS protest fillings. CBP will migrate entry summary data from ACS to ACE. The ACE Protest Module will validate whether entries originally filed in ACS are valid entry numbers.
Instructions and a video on Requesting a Protest Account be found at this link. To apply, select the "Apply for an Account" button from the right menu, complete the online form, and submit. To watch the video, scroll towards the bottom of the page and select the video 'How to Apply for an ACE Protest Filer Account form."
Requesting a protest filer account should take no more than 24 hours. If you encounter problems while requesting a protest account, contact the ACE Support Help Desk at ACE.Support@cbp.dhs.gov for assistance.
No, only the protest filer can submit an electronic protest. Trade users must establish a protest filer account in the ACE portal in order to submit electronic protests in ACE.
For electronic protest submissions, DIS will not be used to upload supporting documents. All supporting documents and files for additional entry numbers must be uploaded in the ACE Portal for electronic submissions to the protest record.
Once the top or primary account is established, separate protest filer accounts can be created under that account for the purpose of filing protests.
It is not CBP policy that the filer present or upload supporting documents within 5 days. It is the filer's responsibility to provide documents to support the protest when it is created, not upon review by CBP. CBP may request additional documentation if needed to render a decision via a CBP Form 28 (Request for Information) but not supporting documentation that is "required" when the filer creates a protest.
Electronic protests are assigned to the Port/Center team designated as the Control Team on the lead entry summary.
Yes, filers can still submit protest claims electronically. The online form provides a check box "Sample Provided." The protest filer should forward the sample to the port or Center of Excellence and Expertise team designated on the protest submission and note in the protest record when, how, and to whom the sample is being sent.
10 MB per file uploaded through the portal.
No, notification will remain the same as it is today (via paper).
Yes, select "Provide Supplemental Information" on the "Actions" menu in the protest record.
Paper submissions will also be assigned to the Port or Center team designated as the Control Team on the lead entry summary.
Trade parties who already have ACE Portal accounts may request that protest filer account functionality added to their existing account.
The name used for the protest filer account would be the name of the trade party who created the account not the name of the individual filing the protest.
Yes, comments explaining the decision will be included in the protest denial notice.
The protest module does not have a print feature for printing the online form. However, other parties added as email recipients to the protest record will be provided notification of specific protest events (approved, denied, denied in part, etc.).
CBP Forms 3461 and 7501 are not required for protest filings in ACE.
No, this is not a requirement.
An "Additional Entry Number" section is provided on the online form. The protest filer can add the entry numbers in two ways:
Entering individual entry numbers
Uploading a file of entry numbers (the protest module supports only .txt for a file of entry numbers)
The entry numbers will be validated. If invalid, the entry number will not be accepted.
The individual names and phone numbers of CBP personnel are not provided when a protest decision is made. The filer will be given general information needed to contact the port or Center of Excellence and Expertise team rendering the decision.
No incomplete protest are allowed. Filers will not be able save partially completed protest claims in ACE.
No, currently there is no projected date when paper protest submissions will no longer be accepted.
In this situation the filer should contact ACE.Suppport @cbp.dhs.gov for assistance.
Yes, an attorney can create a protest filer account and submit a protest claim on behalf of his or her client.
Yes, filers may submit an AFR through the ACE protest module.
While Headquarters monitors some aspects of the protest process, port and Center of Excellence and Expertise supervisors are ultimately responsible for monitoring their teams' protest processing timeliness.
Electronic processing could result in faster protest decisions. However, the focus is to improve the workflow within CBP when protests are being processed.
ACE will allow for amendments to a protest any time up until the decision is made. However, the legal requirement remains the 180 day period after liquidation (in most cases). Amendments made after this timeframe will be considered untimely.
Due to the statutory requirements, we are required to have accelerated disposition requests sent by certified or registered mail. Once the request is sent, you may initiate the request in the ACE protest module, so CBP can be alerted, using the "Accelerated Disposition Action."
The documents must be sent to the port, if they have not been upload to DIS, prior to 8/27.
One account will suffice, keeping in mind that CBP populates and locks the Protest Filer number with whatever the account is created with.
Entries should be added in the additional entries section of the Create Protest window, using the individual input or the .txt file upload.
There is no restriction on the principal type field. We use that for validation of the corresponding number provided (for example, if surety is selected, a valid surety code must be entered).
The "claimed tariff" should be the "new" tariff a protest filer is claiming.
CBP can input the request into the module when it is received, if it has not already been entered into the portal.
No, since the filer did not begin filing the protest electronically. Once a protest claim is submitted using the paper based method all additional actions, including requesting an AFR, with that particular protest submission must take place on paper.
If there are multiple classification changes, those should be added in the narrative reason for the Protest or in an attachment.
You may Protest ACS Entries in ACE.
No, if the denied protest was filed via paper you must file the 1515 (c) and/or (d) in paper as well.
CBP will note that there are additional protests on a given entry, review the information provided, and, based on the review, decide how best to proceed with the protests claims submitted.
CBP recommends provisioning multiple users to each protest filer account, to ensure this instance doesn’t lock a company out of the protests in the portal. If a filer encounters this issue, he or she should contact the ACE Services Desk at ACE.Support@cbp.dhs.gov.
The ACE Portal's protest module can be used to protest any entries where protest rights exist.
A filer does not need to withdraw an accelerated disposition (AD) request via certified mail. However, if the filer wishes to file a subsequent AD request after withdrawing the first request he or she will need to submit the AD request via certified or registered mail again.
Yes, electronic protests can be filed on non-business days. Paper protests must conform to current acceptance procedures.
There is no limit to the number of documents that can be attached to a protest submission. However, each attached file cannot be greater than 10 MB in size.
No, automated notifications are not sent to the broker on entries where the importer submits the protest claim.
No, there is currently no specific naming convention for protest supporting documents in ACE. However, CBP requests that filers try to be as clear as possible when naming their uploaded documents to help the bureau's personnel easily understand and differentiate between the information that each file contains.
No, an upload of the receipt for certified mail will be required for AD.
The cutoff time for protest filing for any given day is 11:59 p.m. Eastern Standard Time.
Yes, in this particular situation the ultimate consignee may file a Protest using the ACE Portal's protest module.
No, only protest claims that have been electronically submitted using the ACE Portal will be searchable in the system. While protest claims electronically submitted in ACS will be migrated into ACE, these claims will be treated like a protest that was submitted using the paper method. This means that they will not receive electronic notifications/updates or be searchable in the ACE Protest Module.
Filers must respond to request for documents for protests converted from ACS to ACE in paper.