CIT Holds Importer to 'One Entry, One Protest' Rule

A second protest cannot be filed on an entry after denial of the first, even if filed by a different person, said the Court of International Trade on Nov. 9 as it dismissed an importer’s lawsuit challenging the valuation of two entries of pencils (here). Design International Group had already had two protests on the two entries denied on when it filed a third protest on the two entries, still within the 180 day time limit for protest filing. Though 19 USC 1514(c)(1)(D) generally allows only one protest for each entry of merchandise, Design International cited an exception for “separate protests filed by different authorized persons,” noting the first two protests were filed by its customs broker, while the third was filed by its attorney. CIT, citing previous case law, ruled that the exception for different authorized persons does is not applicable when the first protest has already been denied. According to the court, allowing additional protests when a protest has already been denied would allow an unending series of protests, each protesting the previous denial.