[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR174.25]

[Page 324]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 174--PROTESTS--Table of Contents
 
              Subpart C--Review and Disposition of Protests
 
Sec. 174.25  Application for further review.

    (a) Form and number of copies. An application for further review may 
be filed on the same Customs Form 19 used for filing the protest for 
which further review is requested, or on a separate Customs Form 19. In 
either case, the Customs Form 19 shall be filed in quadruplicate. If a 
fifth copy of the application is presented for the purpose of having 
recorded thereon the date of its receipt, such information shall be 
recorded thereon and the fifth copy shall be returned to the person 
filing the application.
    (b) Contents. An application for further review shall contain the 
following information:
    (1) Information identifying the protest to which it applies and the 
protesting party and his importer number;
    (2) Allegations that the protesting party:
    (i) Has not previously received an adverse administrative decision 
from the Commissioner of Customs or his designee nor has presently 
pending an application for an administrative decision on the same claim 
with respect to the same category of merchandise; and
    (ii) Has not received a final adverse decision from the Customs 
courts on the same claim with respect to the same category of 
merchandise and does not have an action involving such a claim pending 
before the Customs courts.
    (3) A statement of any facts or additional legal arguments, not part 
of the record, upon which the protesting party relies, including the 
criterion set forth in Sec. 174.24 which justifies further review. A 
showing of facts that support the allegation of a criterion set forth in 
Sec. 174.24(c) will constitute a ground for the granting of further 
review in circumstances where the applicant's inability to affirmatively 
make the allegations described in paragraph (b)(2) of this section would 
otherwise result in its denial.

[T.D. 70-81, 35 FR 13429, Aug. 22, 1970, as amended by T.D. 78-99, 43 FR 
13062, Mar. 29, 1978]