Accelerated Disposition is a request by a protesting party that CBP decide a pending protest on an expedited timeline. It is authorized by 19 U.S.C. § 1515(b) and is one of the most useful tactical tools in customs litigation.
How it works.
- The importer files a protest under 19 U.S.C. § 1514 within the 180-day deadline
- After 30 days from filing the protest (but within 2 years), the importer files a request for accelerated disposition
- CBP has 30 days from the request to grant or deny the protest
- If CBP does not act within 30 days, the protest is deemed denied by operation of law
- The importer then has 180 days from the deemed denial to file a summons with the U.S. Court of International Trade (CIT)
Strategic uses:
- Force a court timeline when CBP is slow-walking a protest (CBP typically has up to 2 years to decide)
- Preserve issues for litigation when the importer prefers court resolution over administrative
- Test-case strategy — when an importer wants to challenge a CBP position in court rather than wait for administrative resolution
Risks:
- Once accelerated disposition is requested, CBP will often deny the protest (rather than grant or let it deem-deny) — making affirmative grants less likely
- The 180-day court-filing window starts running on day 30, leaving limited time to prepare a CIT summons
- Importers must be prepared to litigate if they accelerate
Filing. Filed in ACE or by paper letter to the CBP port director with jurisdiction over the protest. The request should reference the protest number and explicitly request accelerated disposition under 19 U.S.C. § 1515(b).
Accelerated disposition is most commonly used by sophisticated importers and trade attorneys who view CIT litigation as the most reliable path to a precedential decision on classification, valuation, or origin questions.