[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR174.25]



[Page 326-327]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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



[[Page 327]]



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]