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HQ 086311


April 11, 1990

CLA-2:CO:R:C:G 086311 SER

CATEGORY: CLASSIFICATION

TARIFF NO.: 3917.10.10

David O. Elliott, Esquire
Barnes, Richardson & Colburn
475 Park Avenue South
New York, NY 10016

RE: Reconsideration of HRL 082675; sausage casings

Dear Mr. Elliott:

This is in reference to your request for reconsideration of Headquarters Ruling Letter (HRL) 082675, dated January 9, 1989. In HRL 082675, sausage casings were classified in subheading 3917.10.10 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

In January 1990, the Customs Service granted your request for a meeting to discuss the product at issue. At the time the meeting request was granted, it was stated by Customs that more information was needed, specifically the composition of the sausage casings, to properly classify the product. At the February 28, 1990, meeting between you and Scott Rosenow, an attorney on my staff, the requested information was not provided, and was again requested. On approximately March 9, 1990, in a phone conversation with you, Mr. Rosenow again requested that this information be supplied. As of April 12, 1990, we have not received the requested information, and therefore, pursuant to 19 C.F.R. 177.3, we are administratively closing this request. The pertinent parts of 19 C.F.R. 177.3 provide:

[A] person will be given a period of 30 days from the date of notice to supply any additional information that is requested. The Customs Service file with respect to ruling requests which are not brought into compliance with the provisions of this part within the period of time allowed will be administratively closed and the request removed from active consideration . . . . A request for a ruling that is removed from active consideration by reason of failing to comply with the provisions of this part may be treated as withdrawn.

If you still desire a binding classification ruling for your product, you are welcome to resubmit a request. In a new request you should reference your original request and the corresponding file number that it was given (086311).

Sincerely,

John Durant, Director
Commercial Rulings Division

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