Home Discussion Entry/Entry Summary requirements Consideration of additional arguments in protest

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  • Douglas Meadows
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    1999 October Test, Q. 56.

    Quiz 6 (Entry Topic)
    The citation used was 174.28. Quiz gave answer A. The citation would indicate answer D.

    10. Question1 point
    A broker submits a protest in a timely manner on behalf of their client. After the submission, it is realized that a key argument in support of their claim was not included. A decision has not yet been made on the protest. Which one of the following statements is INCORRECT?

    A. The broker may call the import specialist and give only an oral argument, then close the file until the decision is received.
    B. The broker may submit the argument in writing.
    C. The broker may call the import specialist and give an oral argument, then submit it in writing 30 days later.
    D. The broker may call the import specialist and give an oral argument, then submit it in writing no later than 60 days later.
    E. The broker may call the import specialist and give an oral argument, then submit it in writing 45 days later.

    Douglas Meadows
    Participant
    Post count: 25

    Is answer D the correct answer according to current regulations?

    admin
    Keymaster
    Post count: 26

    ยง 174.28 Consideration of additional arguments.
    In determining whether to allow or deny a protest filed within the time allowed, a reviewing officer may consider alternative claims and additional grounds or arguments submitted in writing by the protesting party with respect to any decision which is the subject of a valid protest at any time prior to disposition of the protest. In any case in which alternative claims or additional grounds or arguments are submitted orally, they shall be considered in the allowance or denial of the protest only if submitted in writing in conjunction with, or no later than 60 days after, such oral submission.

    When “additional grounds or arguments are submitted orally, they shall be considered in the allowance or denial of the protest only if submitted in writing in conjunction with, or no later than 60 days after, such oral submission.” So answer choice D is correct under current regulations.

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