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What Can Be Protested?
CBP's determination of your HTS classification is protestable if the agency applied the General Rules of Interpretation (GRI) incorrectly, used a ruling that doesn't apply to your merchandise, or failed to give appropriate weight to the Explanatory Notes or prior CBP binding rulings. HTS classification protests are among the most common and highest-value protest types.
A rate advance occurs when CBP liquidates an entry at a higher duty rate than was declared on the entry summary. This is often the result of a CBP audit finding or a reclassification decision. Rate advances can represent significant unexpected duty liability. A Protest challenges whether the advance was legally and factually supported.
If CBP denies a duty drawback claim at liquidation or liquidates it at a lower amount than claimed, the importer can Protest the denial. Caspian files both the original drawback claim and, when necessary, the Protest of any adverse drawback liquidation decision.
CBP's rejection of a transaction value or first sale valuation claim, or the application of an alternative customs valuation method, is protestable. Valuation protests require detailed documentation of the buyer-seller relationship, price actually paid, and statutory additions and deductions under 19 USC 1401a.
Country of origin marking requirements, admissibility determinations, and certain exclusion orders can also be protested. These protests often intersect with Section 232, Section 301, and IEEPA tariff exclusion eligibility.
