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HQ 087143


AUG 15 1990

CLA-2:CO:R:C:G 087143 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 8704.90.0000

District Director of Customs
111 West Huron Street
Buffalo, N.Y. 14202

RE: Vacuum Tank Truck

Dear Sir:

This is our decision on Application for Further Review of Protest No. 0901-9-701620, dated November 27, 1989, filed by the broker representing the Canadian exporter of vacuum tank trucks. This protest concerns numerous 1989 consumption entries, all liquidated on October 13, 1989.

Identical issues were addressed in our decision to you, dated August 13, 1990 (087028), on Application for Further Review of Protest No. 0901-9-701651. The principles of the August 13 decision are incorporated by reference in this decision.

Accordingly, the instant protest should be allowed. A copy of this decision, and decision 087028, should be attached to the Form 19, to be mailed to protestant's broker.

Sincerely,

John Durant, Director
Commercial Rulings Division

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