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April 2025, question 11

Broker Compliance · Liquidation, reliquidation and protests

Which of the following is a TRUE statement regarding decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount?

  1. Decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount are filed in the Automated Commercial Environment (ACE) and are protestable within 365 days from the date of the initial penalty or claim.
  2. Decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount are only protestable if a paper protest is filed at the port of entry within 180 days from the date of the initial penalty or claim.
  3. Decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount are only protestable if protested in person to the CBP, Chief of Penalties Branch within 180 days from the date of the initial penalty or claim.
  4. Decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount are not protestable.
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CBP's answer: D. D: Decisions to remit or mitigate a penalty or cancel a claim for liquidated damages upon payment of a lesser amount are not protestable.

Section 172.22(a) says a decision to remit or mitigate a penalty, or cancel a claim for liquidated damages on payment of a lesser amount, is not protestable under 19 U.S.C. 1514. So D is correct and the choices describing protest filings and deadlines are wrong.

is not a protestable decision as defined under the provisions of 19 U.S.C. 1514 19 CFR 172.22(a)

Search for: mitigation decision not subject to protest

CBP's key cites: 19 CFR 172.22(a)

Question and key from CBP's April 2025 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).