2007 April No.69 – FP&F


69 Which statement is INCORRECT regarding a claim for liquidated damages that has been cancelled upon payment of a lesser amount?

A. Payment of a mitigated or cancellation amount in compliance with an administrative decision on a petition or supplemental petition for relief will be considered an election of administrative proceedings and full disposition of the case

B. Payment of a mitigated or cancellation amount will never serve as a bar to filing a supplemental petition for relief

C. Payment of a mitigated or cancellation amount will act as an accord and satisfaction of the government claim

D. Any payment made in compliance with any decision to cancel a claim for liquidated damages upon payment of a lesser amount is a protestable action as defined under the provisions of 19 U.S.C. 1514

E. Any decision to cancel a claim for liquidated damages upon payment of a lesser amount is not a protestable action as defined under the provisions of 19 U.S.C. 1514

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The Answer is: D

Citation: 19 CFR 172.22(a) and (b)

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