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Requests for Administrative Review of Initial EAPA Determinations

How to File a Request for Administrative Review

19 CFR Part 165, Subpart D sets forth the requirements for requesting an administrative review of an initial determination.  Requests for administrative review of an initial Enforce and Protect Act (EAPA) determination as to evasion pursuant to 19 CFR Part 165.27 must be submitted electronically to the Office of Trade, Regulations and Rulings, Penalties Branch (OT/RR/Penalties Branch).  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.

Who May File a Request

Requests for administrative review may be filed by any party to the investigation, or its attorney, or duly authorized agent, and must comply with the requirements set forth in 19 CFR Part 165.3. 

Responses to Requests for 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.  The response must be submitted electronically to CBP at eapafad@cbp.dhs.gov no later than 10 business days 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.

Release of Information

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.  A party who cites to a document that was previously filed on the administrative record will attach a copy of both the public document and the version containing business confidential information as an appendix to the request for administrative review within two days of filing its request.  A public version of the request for administrative review, including the appendices, will be provided to the other parties on the same date that the request is filed with CBP.

Time Frame for Filing a Request

Requests for administrative review must be filed no later than 30 business days after the issuance of the initial determination. 

Content of Request

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

Notice of Acceptance of Request

OT/RR/Penalties Branch will notify a party 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.

Final Administrative Determination

After review of a complete and timely request for administrative review of an initial determination, the OT/RR/Penalties Branch will issue a final administrative determination.  The administrative review will be completed within 60 business days of the date of commencement of the review.

Judicial Review

The final administrative determination made by the OT/RR/Penalties Branch is subject to judicial review pursuant to section 421 of the EAPA.

Last modified: 
July 11, 2018