Imported merchandise has been detained for more than 30 days from the date the merchandise was presented for examination because CBP believes the merchandise may constitute “prohibited or restricted importations” relative to “articles involved in unfair competition,” and may be subject to an exclusion order issued by the Commission. Given that CBP failed to make a determination with respect to admissibility within 30 days after the merchandise was presented for examination, the importer may take the following action:
A) File a protest with the Commission under 19 CFR 174 because CBP is detaining the merchandise due to the potential violation of an exclusion order
B) File a protest with CBP under 19 CFR 174
C) File a petition with CBP under 19 CFR 171
D) Commence an action in the U.S. Court of International Trade
E) None of the above because CBP has not formally acted on the merchandise and only suspects that the merchandise may be subject to an exclusion order
[bg_collapse view=”button-green” color=”#4a4949″ icon=”arrow” expand_text=”Show Answer and Citation” collapse_text=”Hide Answer and Citation” ]
The Answer is: B
Citation: 19 C.F.R. 151.16(f)
[/bg_collapse]