§ 10.442 - CBP processing procedures.

§ 10.442 CBP processing procedures.

(a) Status determination. After receipt of a post-importation claim under § 10.441 of this subpart, the port Center director will determine whether the entry covering the good has been liquidated and, if liquidation has taken place, whether the liquidation has become final.

(b) Pending protest or judicial review. If the port Center director determines that any protest relating to the good has not been finally decided, the port Center director will suspend action on the claim for refund filed under this subpart until the decision on the protest becomes final. If a summons involving the tariff classification or dutiability of the good is filed in the Court of International Trade, the port Center director will suspend action on the claim for refund filed under this subpart until judicial review has been completed.

(c) Allowance of claim - —

(1) Unliquidated entry. If the port Center director determines that a claim for a refund filed under this subpart should be allowed and the entry covering the good has not been liquidated, the port Center director will take into account the claim for refund under this subpart in connection with the liquidation of the entry.

(2) Liquidated entry. If the port Center director determines that a claim for a refund filed under this subpart should be allowed and the entry covering the good has been liquidated, whether or not the liquidation has become final, the entry must be reliquidated in order to effect a refund of duties pursuant to this subpart. If the entry is otherwise to be reliquidated based on administrative review of a protest or as a result of judicial review, the port Center director will reliquidate the entry taking into account the claim for refund under this subpart.

(d) Denial of claim - —

(1) General. The port Center director may deny a claim for a refund filed under § 10.441 of this subpart if the claim was not filed timely, if the importer has not complied with the requirements of § 10.441 of this subpart, if the certification submitted under § 10.441(b)(2) of this subpart cannot be accepted as valid (see § 10.413 of this subpart), or if, following an origin verification under § 10.470 of this subpart, the port Center director determines either that the imported good did not qualify as an originating good at the time of importation or that a basis exists upon which preferential tariff treatment may be denied under § 10.470 of this subpart.

(2) Unliquidated entry. If the port Center director determines that a claim for a refund filed under this subpart should be denied and the entry covering the good has not been liquidated, the port Center director will deny the claim in connection with the liquidation of the entry, and notice of the denial and the reason for the denial will be provided to the importer in writing or via an authorized electronic data interchange system.

(3) Liquidated entry. If the port Center director determines that a claim for a refund filed under this subpart should be denied and the entry covering the good has been liquidated, whether or not the liquidation has become final, the claim may be denied without reliquidation of the entry. If the entry is otherwise to be reliquidated based on administrative review of a protest or as a result of judicial review, such reliquidation may include denial of the claim filed under this subpart. In either case, the port Center director will give the importer notice of the denial and the reason for the denial in writing or via an authorized electronic data interchange system.

[CBP Dec. 05-0705–07, 70 FR 10873, Mar. 7, 2005, as amended by CBP Dec. 06-3906–39, 71 FR 76133, Dec. 20, 2006; CBP Dec. 10-2910–29, 75 FR 52450, Aug. 26, 2010]