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Requests for Administrative Review

Parties to an Enforce and Protect Act (EAPA) investigation have the right to request an administrative review of an initial determination. This is provided for under 19 CFR Part 165, Subpart D. This section sets forth the basic requirements for requesting an administrative review of an initial determination.  For the complete requirements, please consult the regulations at 19 CFR Part 165.41. Requests for administrative review of an initial EAPA determination as to evasion must be submitted electronically to the Office of Trade, Regulations and Rulings (OT/RR).  U.S. Customs and Border Protection (CBP) has created a separate email box for the submission of requests for administrative review of an initial EAPA determination.  All requests for administrative review must be submitted to the following email box: eapafad@cbp.dhs.gov. Questions regarding the submission process may also be submitted to eapafad@cbp.dhs.gov.  If you do not receive a response within two business days, please contact 202-325-0100.

Requests for administrative review may be filed by any party to the EAPA investigation, or its attorney, or duly authorized agent and must comply with the requirements set forth in 19 CFR Part 165. 

Requests for administrative review must be filed no later than 11:59 pm EST on the 30th business day after the issuance of the initial determination. All requests for administrative review must be submitted to the following email box: eapafad@cbp.dhs.gov. If you do not receive a response within two business days, please contact 202-325-0100.

All requests for administrative review must  comply with the specific content requirements set forth in 19 CFR Part 165.41(f). 

Requests for administrative review must also comply with the requirements for release of information as specified in 19 CFR Part 165.4.  Pursuant to 19 CFR Part 165.4, each party who files a request for administrative review must provide the other parties to the investigation with a public version of such request on the same date that the request is filed with CBP.

OT/RR will notify all parties via email that a request for review has been accepted and provide a Headquarters case number.  Failure to file in accordance with the regulatory requirements by the deadline will result in a rejection of the request for administrative review.

Any party to the investigation, regardless of whether it submitted a request for administrative review, may submit a written response to the filed request(s) for review, pursuant 19 CFR Part 165.42.

The response must be submitted electronically to OT/RR at eapafad@cbp.dhs.gov, no later than 11:59 pm EST on the 10th business day, from the commencement of the administrative review. 

The 60 business-day review period will commence on the date when CBP accepts the last properly filed request for administrative review and transmits electronically the assigned administrative review case number to all parties to the investigation.

After review of any complete and timely request(s) for administrative review and response(s), OT/RR will issue a Final Administrative Determination.  The administrative review will be completed within 60 business days of the date of commencement of the review.

Final Administrative Determinations

The Final Administrative Determination made by the OT/RR is subject to judicial review pursuant to section 421 of the EAPA.

Requests for administrative review of an initial EAPA determination as to evasion must be submitted electronically to the Office of Trade, Regulations and Rulings (OT/RR).  All requests for administrative review must be submitted to the following email box:  eapafad@cbp.dhs.gov. Questions regarding the submission process may also be submitted to eapafad@cbp.dhs.gov.  If you do not receive a response within two business days, please contact 202-325-0100.

Last Modified: Apr 11, 2024